What is the ruling on marrying with the intention of divorce?
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The questioner : I read in the book *Fiqh al-Sunnah* by Sayyid Sabiq regarding the topic of marriage with the intention of divorcing afterwards. The author mentioned that the four schools of jurisprudence have permitted this type of marriage, while Imam al-Awza'i forbade it because he considered it similar to temporary marriage (*mut'ah*). What is the correct ruling in this matter? If it is permissible, I wish to marry to protect myself from falling into sin until my studies are completed, and then I will divorce her.
The Shaykh : Yes, it is well known from the school of Imam Ahmad (may Allah have mercy on him) that marriage with the intention of divorce is forbidden and falls under the category of temporary marriage (*mut'ah*). This is because intention is considered in its effect on the ruling, based on the saying of the Prophet (peace and blessings be upon him):Sahih al-Bukhari 1. Also, if a man marries a woman who has been divorced three times with the intention of freeing her for the first husband and then divorcing her, this marriage is invalid and forbidden, and she does not become lawful for the first husband, just as if that condition had been stipulated in the contract itself. Accordingly, the intention to divorce is like the intention to forbid (marriage); just as the intention in freeing a woman for marriage is effective, so too is the intention to divorce effective. Some scholars have said that the intention to divorce is not like the condition of divorce, because the condition of divorce means that if the period ends, he is bound by it. Similarly, in the case of temporary marriage, if a person is conditioned to marry her for a specified term, the implication of this contract is that when the specified term ends, the marriage is automatically dissolved. Therefore, the intention is not like the condition. This distinction is clear and apparent, because if the condition is met and the term ends, the marriage is automatically dissolved, and if divorce was conditioned, he is bound by it when the period ends. There is no doubt that this distinction affects the ruling. However, in my view, this is forbidden from another angle: if a person marries with the intention of divorcing her when he leaves the country, it is forbidden because it is deception and fraud against the wife and her family. If the wife and her family knew that this man was marrying her with the intention of divorcing her when he wanted to travel, they would not have married her to him in most cases. Thus, there is deception and fraud towards them. The Prophet (peace and blessings be upon him) said: Jami` at-Tirmidhi 1315Sahih (Darussalam).
In conclusion, the scholars (may Allah have mercy on them) differed on the case of a stranger who marries with the intention that whenever he wants to return to his homeland, he will divorce her, without any condition. Some scholars, and this is the well-known position in the school of Imam Ahmad, held that this marriage is defective and is a temporary marriage (*mut'ah*). They reasoned that the intention to divorce is like the condition of divorce, by analogy with the case of freeing a woman for marriage, where the intention is like the condition. Other scholars said that the intention does not have an effect, and that the difference between the intention and the condition is that the condition, if the term ends, binds the divorce if the condition was divorce, or dissolves the marriage if the marriage was for a specified term. This difference is apparent and affects the ruling. However, in my view, it is deception if he intends it without informing the wife and her family, because if they knew of this intention, they would not have married her to him in most cases. In that case, he must either inform them or conceal it from them. If he informs them, it is a temporary marriage (*mut'ah*), and if he conceals it, it is deception and fraud. Therefore, a believer should not do this. Yes.
The questioner : Yes, may Allah reward you with good.
Dear brothers, at the end of this session, we thank His Eminence Shaykh Muhammad ibn Salih al-Uthaymeen, the professor at the College of Sharia at Imam Muhammad ibn Saud Islamic University in Qassim, for answering your questions in today's episode. His answers addressed the questions of Brother Mazin al-Turki from Riyadh, Brother Muhammad Ali al-Tayyib, a Sudanese resident in Iraq, Brother Muhammad Ahmad Badr, an Egyptian working in Iraq, Brother Fathi Mansur from the Libyan Arab Jamahiriya, Brother Muhammad Hamid Dhiyab from Bani Malik, Brother A.A.M.A., an Egyptian working in Riyadh, and finally, the question of Brother Anwar Abdul Hadi Muhammad, an Iraqi studying in Karachi, Pakistan.
Dear brothers, we thank you greatly for your good listening. Until we meet you in a future episode, if Allah wills, we entrust you to Allah the Exalted. Peace be upon you, and the mercy of Allah and His blessings.
The Shaykh : Yes, it is well known from the school of Imam Ahmad (may Allah have mercy on him) that marriage with the intention of divorce is forbidden and falls under the category of temporary marriage (*mut'ah*). This is because intention is considered in its effect on the ruling, based on the saying of the Prophet (peace and blessings be upon him):
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات وإنما لكل امرءٍ ما نوىWhoever cheats, he is not one of us.
من غش فليس مناIn conclusion, the scholars (may Allah have mercy on them) differed on the case of a stranger who marries with the intention that whenever he wants to return to his homeland, he will divorce her, without any condition. Some scholars, and this is the well-known position in the school of Imam Ahmad, held that this marriage is defective and is a temporary marriage (*mut'ah*). They reasoned that the intention to divorce is like the condition of divorce, by analogy with the case of freeing a woman for marriage, where the intention is like the condition. Other scholars said that the intention does not have an effect, and that the difference between the intention and the condition is that the condition, if the term ends, binds the divorce if the condition was divorce, or dissolves the marriage if the marriage was for a specified term. This difference is apparent and affects the ruling. However, in my view, it is deception if he intends it without informing the wife and her family, because if they knew of this intention, they would not have married her to him in most cases. In that case, he must either inform them or conceal it from them. If he informs them, it is a temporary marriage (*mut'ah*), and if he conceals it, it is deception and fraud. Therefore, a believer should not do this. Yes.
The questioner : Yes, may Allah reward you with good.
Dear brothers, at the end of this session, we thank His Eminence Shaykh Muhammad ibn Salih al-Uthaymeen, the professor at the College of Sharia at Imam Muhammad ibn Saud Islamic University in Qassim, for answering your questions in today's episode. His answers addressed the questions of Brother Mazin al-Turki from Riyadh, Brother Muhammad Ali al-Tayyib, a Sudanese resident in Iraq, Brother Muhammad Ahmad Badr, an Egyptian working in Iraq, Brother Fathi Mansur from the Libyan Arab Jamahiriya, Brother Muhammad Hamid Dhiyab from Bani Malik, Brother A.A.M.A., an Egyptian working in Riyadh, and finally, the question of Brother Anwar Abdul Hadi Muhammad, an Iraqi studying in Karachi, Pakistan.
Dear brothers, we thank you greatly for your good listening. Until we meet you in a future episode, if Allah wills, we entrust you to Allah the Exalted. Peace be upon you, and the mercy of Allah and His blessings.