The Ruling on 'Urfi Marriage, Mut'ah Marriage, and the Intention of Divorce
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Question:
And other things are known, such as marriage of affection and marriage of hypocrisy. For instance, some young men, when they travel to a nearby place, get married and leave behind the one who provided for them in the year. Then, when he wants to divorce the wife, he is absent from this husband.
Answer:
By 'urfī marriage, we mean one that has not been registered with the state system. That is, a man marries a woman with a guardian and witnesses, but the contract is not registered as required by the system. This is valid because it fulfills its conditions and pillars. It is not a condition for validity that it be registered; it is valid from the perspective of the Shari'ah, but from the perspective of the system, it is subject to punishment. This is another matter.
As for the perspective of the Shari'ah, as long as its pillars and Shari'ah conditions are present, it is valid.
As for mut'ah marriage, if it is stipulated and explicitly stated, because it is mut'ah, this is forbidden. Mut'ah was forbidden and abrogated, abrogated forever, during the time of the Prophet (peace and blessings be upon him). The one who returns to it and considers it permissible is a disbeliever. The Muslims agreed on its prohibition, and no one held this view except the Rafidah. The Rafidah's disagreement is of no account, and their statement is not a proof, and this does not affect the consensus, unless it is explicitly stated as mut'ah, that it is a temporary marriage agreed upon by both parties. Then this is forbidden and not permissible. But if it is something in the heart, in the hearts, which no one knows except Allah, it is forbidden for a person to harbor this intention: to marry a Muslim woman when she wants to be his wife, while he plots in his heart that he will satisfy his desire and then leave her.
This is not permissible, and this is betrayal. The wife did not agree to this, nor did the wife's guardian. If they had known what they were contracting for, they would not have done it. But if they agreed that it is a temporary marriage, this is from the covenant. If they knew and agreed that it is a temporary marriage, this is from the covenant. But if they did not know, and he only harbored this in his heart, this is betrayal. It is forbidden for him, and this action is not permissible for him. What about their children? If children come from this wife, where do they go? Are they to be sold? They are under his responsibility, and he is accountable for them before Allah, Glorified and Exalted is He. The matter is not just about satisfying a desire. Yes, there are marital rights, there are children's rights, it is a matter of responsibility. Marriage is a responsibility, or is it to be played with for the sake of desires only? Yes.
And other things are known, such as marriage of affection and marriage of hypocrisy. For instance, some young men, when they travel to a nearby place, get married and leave behind the one who provided for them in the year. Then, when he wants to divorce the wife, he is absent from this husband.
Answer:
By 'urfī marriage, we mean one that has not been registered with the state system. That is, a man marries a woman with a guardian and witnesses, but the contract is not registered as required by the system. This is valid because it fulfills its conditions and pillars. It is not a condition for validity that it be registered; it is valid from the perspective of the Shari'ah, but from the perspective of the system, it is subject to punishment. This is another matter.
As for the perspective of the Shari'ah, as long as its pillars and Shari'ah conditions are present, it is valid.
As for mut'ah marriage, if it is stipulated and explicitly stated, because it is mut'ah, this is forbidden. Mut'ah was forbidden and abrogated, abrogated forever, during the time of the Prophet (peace and blessings be upon him). The one who returns to it and considers it permissible is a disbeliever. The Muslims agreed on its prohibition, and no one held this view except the Rafidah. The Rafidah's disagreement is of no account, and their statement is not a proof, and this does not affect the consensus, unless it is explicitly stated as mut'ah, that it is a temporary marriage agreed upon by both parties. Then this is forbidden and not permissible. But if it is something in the heart, in the hearts, which no one knows except Allah, it is forbidden for a person to harbor this intention: to marry a Muslim woman when she wants to be his wife, while he plots in his heart that he will satisfy his desire and then leave her.
This is not permissible, and this is betrayal. The wife did not agree to this, nor did the wife's guardian. If they had known what they were contracting for, they would not have done it. But if they agreed that it is a temporary marriage, this is from the covenant. If they knew and agreed that it is a temporary marriage, this is from the covenant. But if they did not know, and he only harbored this in his heart, this is betrayal. It is forbidden for him, and this action is not permissible for him. What about their children? If children come from this wife, where do they go? Are they to be sold? They are under his responsibility, and he is accountable for them before Allah, Glorified and Exalted is He. The matter is not just about satisfying a desire. Yes, there are marital rights, there are children's rights, it is a matter of responsibility. Marriage is a responsibility, or is it to be played with for the sake of desires only? Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 12 من 15 / شرح أصول الإيمان / تحريم المجادلة في القرآن/ صالح الفوزان / العقيدة/ كبار العلماء — youtube.com (1:04:00)
The Arabic text is a machine transcription of the audio recording.
