Temporary marriage due to the husband's travel
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Fatwa number ( 16551 )
Q: We are asking for your opinion and advice on the following matter: A Libyan girl, studying at the university in her country, is 22 years old. She has found herself attracted to an Egyptian doctor who is a friend and colleague of ours. He works in Libya , is 35 years old, married, committed, and of good character. He has a wife and three children who are studying in Egypt, and they come to him in Libya during the summer vacation. Although he—until now, according to what he says—does not know that girl, has never seen her before, and has never dealt with her, she has had a strong desire to marry him for some time, even if only for a short period. Our colleague opposes the idea of marriage so far, in order to preserve the stability of his family financially and emotionally, and out of fear that this would be an injustice to his current wife. This rejection on his part makes her cry a lot, to the point
that—trying to encourage him—she offered to bear all the costs of the marriage and living expenses, as she is well-off and from a good family. She has presented him with two proposals through an intermediary, and we are asking for your opinion on their permissibility: The first proposal: She offered that he marry her secretly in her country to preserve the stability of his family, for the duration of his stay in Libya, on the condition that he divorce her when his work in her country ends and he returns to his country, whether after one year, two, three, or more, as the date of return is not fixed yet, but depends on work circumstances. Is this marriage permissible in Shari'ah? Or is it the forbidden marriage of pleasure (mut'ah)? The second proposal: That he marry her with a conditional intention, which is that the situation be re-evaluated after a period. If they are happy living together and she wants to accompany him to his country, she will pay part of her money as compensation to the first wife. If she pays, the marriage continues as Allah wills; if she does not pay, she remains in her country and the marriage ends. Is the contract in this state permissible in Shari'ah and valid? 1 - This colleague has sent us to ask for the Shari'ah opinion on each of the first and second proposals individually. 2 - He is ready to hear another opinion from Your Eminence as a solution
to the problem. 3 - And also your advice to both the young man and the girl. 4 - Does he have any obligation if he does not respond to her strong desire to marry him? 5 - Is there any injustice to his current wife in his marriage to her, given that she is a noble, committed, loving, and obedient wife? May Allah guide you and lead us all to what He loves and is pleased with. Peace be upon you and Allah's mercy
A: First: The first proposal, which is: marriage until the husband travels, this is not permissible; because it is a marriage of pleasure (mut'ah) due to the determination of the marriage period by the husband's travel. As for the second proposal, which is: making the continuation of the marriage conditional on evaluating its situation, it is not valid; because the original principle in marriage is that it is intended for permanence, and this is contrary to that. Second: The aforementioned doctor is not obligated to respond to the woman's request for marriage, and there is no sin on him. He may respond to her request if he sees benefit in marrying her, and intends by it to chaste himself and the woman, to produce righteous offspring, and to maintain the marriage. Perhaps Allah will reward him for this intention. Third: There is no injustice to the first wife in the aforementioned marriage; because Allah, the Exalted, has permitted polygamy, and He said:[An-Nisa 4:3]
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: We are asking for your opinion and advice on the following matter: A Libyan girl, studying at the university in her country, is 22 years old. She has found herself attracted to an Egyptian doctor who is a friend and colleague of ours. He works in Libya , is 35 years old, married, committed, and of good character. He has a wife and three children who are studying in Egypt, and they come to him in Libya during the summer vacation. Although he—until now, according to what he says—does not know that girl, has never seen her before, and has never dealt with her, she has had a strong desire to marry him for some time, even if only for a short period. Our colleague opposes the idea of marriage so far, in order to preserve the stability of his family financially and emotionally, and out of fear that this would be an injustice to his current wife. This rejection on his part makes her cry a lot, to the point
that—trying to encourage him—she offered to bear all the costs of the marriage and living expenses, as she is well-off and from a good family. She has presented him with two proposals through an intermediary, and we are asking for your opinion on their permissibility: The first proposal: She offered that he marry her secretly in her country to preserve the stability of his family, for the duration of his stay in Libya, on the condition that he divorce her when his work in her country ends and he returns to his country, whether after one year, two, three, or more, as the date of return is not fixed yet, but depends on work circumstances. Is this marriage permissible in Shari'ah? Or is it the forbidden marriage of pleasure (mut'ah)? The second proposal: That he marry her with a conditional intention, which is that the situation be re-evaluated after a period. If they are happy living together and she wants to accompany him to his country, she will pay part of her money as compensation to the first wife. If she pays, the marriage continues as Allah wills; if she does not pay, she remains in her country and the marriage ends. Is the contract in this state permissible in Shari'ah and valid? 1 - This colleague has sent us to ask for the Shari'ah opinion on each of the first and second proposals individually. 2 - He is ready to hear another opinion from Your Eminence as a solution
to the problem. 3 - And also your advice to both the young man and the girl. 4 - Does he have any obligation if he does not respond to her strong desire to marry him? 5 - Is there any injustice to his current wife in his marriage to her, given that she is a noble, committed, loving, and obedient wife? May Allah guide you and lead us all to what He loves and is pleased with. Peace be upon you and Allah's mercy
A: First: The first proposal, which is: marriage until the husband travels, this is not permissible; because it is a marriage of pleasure (mut'ah) due to the determination of the marriage period by the husband's travel. As for the second proposal, which is: making the continuation of the marriage conditional on evaluating its situation, it is not valid; because the original principle in marriage is that it is intended for permanence, and this is contrary to that. Second: The aforementioned doctor is not obligated to respond to the woman's request for marriage, and there is no sin on him. He may respond to her request if he sees benefit in marrying her, and intends by it to chaste himself and the woman, to produce righteous offspring, and to maintain the marriage. Perhaps Allah will reward him for this intention. Third: There is no injustice to the first wife in the aforementioned marriage; because Allah, the Exalted, has permitted polygamy, and He said:
then marry those that please you of [other] women, two or three or four
فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلاثَ وَرُبَاعَAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.