Marriage with the Intention of Obtaining Citizenship
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The twelfth question of Fatwa No. ( 19504 )
Q 12: Whatis the ruling on marrying an American Muslim woman with the intention of obtaining
residency documents and then divorcing her?
A 12: Temporary marriage is the marriage of mut'ah, and it is an invalid marriage by explicit text and the consensus of the people of the Sunnah and the community. In the two Sahihs, it is narrated from Ali ibn Abi Talib (may Allah be pleased with him),Musnad Ahmad 592Sahih (Darussalam) and in another narration: Sahih al-Bukhari 4216 It is established in the Sahih of Muslim that the Prophet (peace and blessings be upon him) said: Sahih Muslim 1406d . Intercourse in a temporary marriage is considered unlawful sexual intercourse, and the rulings of unlawful sexual intercourse apply to the one who does it while knowing its invalidity. Lawful marriage is when a man contracts marriage with a woman with the intention of maintaining the marital bond and continuing in it, if the wife is suitable for him and he desires her; otherwise, he divorces her. Allah the Exalted said: [Al-Baqarah 2:229] . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q 12: Whatis the ruling on marrying an American Muslim woman with the intention of obtaining
residency documents and then divorcing her?
A 12: Temporary marriage is the marriage of mut'ah, and it is an invalid marriage by explicit text and the consensus of the people of the Sunnah and the community. In the two Sahihs, it is narrated from Ali ibn Abi Talib (may Allah be pleased with him),
The Messenger of Allah (ﷺ) forbade mut’ah marriage and the meat of donkeys at the time of Khaibar.
أن رسول الله نهى عن نكاح المتعة، وعن لحوم الحمر الأهلية زمن خيبر،On the day of Khaibar, Allah's Messenger (ﷺ) forbade the Mut'a (i.e. temporary marriage)
نهى عن متعة النساء يوم خيبر،I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to them (as dower).
إني قد كنت أذنت لكم في الاستمتاع من النساء، وإن الله قد حرم ذلك إلى يوم القيامة، فمن كان عنده منهن شيء فليخل سبيله، ولا تأخذوا مما آتيتموهن شيئًاeither keep [her] in an acceptable manner or release [her] with good treatment
فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.