Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The ruling on the intention of divorce at the time of marriage

Machine translationRead the Arabic original
The questioner : I have a question, Shaykh, may Allah prolong your life.

The Shaykh : Please, go ahead.

The questioner : I am a student here in Karachi.

The Shaykh : Yes.

The questioner : I want to get married, but honestly, I don’t have the means to marry from my family and come here.

The Shaykh : Yes.

The questioner : I hesitated about marriage because I intend to divorce.

The Shaykh : How?

The questioner : We wanted to marry with the intention of divorce.

The Shaykh : Yes.

The questioner : From the country, from here, and I heard you say that it is a bid'ah (religious innovation).

The Shaykh : It is not just a bid'ah. It is not just a bid'ah.

The questioner : Yes.

The Shaykh : It is also foolishness.

The questioner : That is your opinion.

The Shaykh : No, this is the ruling of the Shari'ah.

The questioner : But, Shaykh.

The Shaykh : Listen, what do you benefit from this intention?

The questioner : Well, Shaykh, honestly, I mean, I...

The Shaykh : Shaykh, honestly.

The questioner : I am her husband and I am taking her with me.

The Shaykh : Shaykh, honestly, answer me, what do you benefit from this intention? Look, is this intelligence or foolishness? What is the benefit of this intention?

The questioner : I mean, our Shaykh, I know.

The Shaykh : Shaykh, may Allah guide you, give the answer or I will cut off the conversation. Others are waiting for their turn. What do you benefit from the intention?

The questioner : Okay, except that I will be psychologically at ease only.

The Shaykh : Did you see how foolish that is? Since you admit that there is nothing [to gain], if you are living in fantasy, and now I will add a clarification: if you marry a Pakistani woman, you will find one of two things in her: either she is righteous to be your wife forever, or she is not. Is there a third possibility? Well, if experience shows you that she is a righteous wife, will you divorce her?

The questioner : No, of course not.

The Shaykh : And if it becomes clear to you that she is not righteous for life with you, is it permissible for you to divorce her?

The questioner : I don’t know, I assume it is permissible for me.

The Shaykh : May Allah guide you, may Allah guide you. And why is it not permissible for you to divorce her, since it has become clear to you that she is not righteous to live with you as a wife? Why is it not permissible for you to divorce her?

The questioner : I mean, who said that, for example, there would be no injustice to her.

The Shaykh : Yes, and if you intend to divorce her, there will be no prior injustice.

The questioner : But this intention, Shaykh, might change.

The Shaykh : May Allah guide you. Am I telling you that you would not have wronged her with this intention? No.

The questioner : I will try not to get upset, Shaykh.

The Shaykh : Say it, say it. You did not wrong her with this intention, right?

The questioner : By Allah, honestly, I don’t know exactly.

The Shaykh : Yes, ask an expert. May Allah guide you. Get married.

The questioner : Shaykh, Islam did not permit it.

The Shaykh : Get married. May Allah guide you. Get married and protect yourself. Then look at this wife: if she is righteous, hold on to her tightly. And if she is not righteous, divorce her, whether you intended to divorce or not. The intention of divorce is delusion. Peace be upon you. That is enough?
Source سلسلة الهدى والنور، المجلس 1266 — d3watuna.com (20:57)

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa