What is the ruling of the Shari'ah in your view regarding temporary marriage? And does it have conditions? Please inform us of this. May Allah reward you.
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The questioner : What is the ruling of the Shari'ah in your view regarding temporary marriage, and does it have conditions? Please inform us of this. May Allah reward you.
The Shaykh : Temporary marriage was permissible, then it was forbidden. It is for a person to marry a woman for a specified period, saying, "I have married you for one month," or "I have married you for one year," or something similar. It is an invalid and forbidden contract, because it is established that the Prophet (peace and blessings be upon him) forbade it and said:Sunan Abi Dawud 2017Sahih (Al-Albani). This indicates that its prohibition is permanent and continuous, and that it cannot be abrogated, for it is not possible for abrogation by prohibition to occur after the Prophet's (peace and blessings be upon him) statement: Sunan Abi Dawud 2017Sahih (Al-Albani). Because if this prohibition were abrogated by permission, it would necessitate that the report of the Prophet (peace and blessings be upon him) is a lie, and this is impossible.
Accordingly, whoever marries through temporary marriage must renew the contract with the intention of permanent marriage if he desires this woman. However, he must wait for her to be purified before contracting the marriage, unless he married her through temporary marriage believing it to be lawful, in which case there is no need to wait for her purification, but he must renew the contract. As for if he has no desire for her, it is obligatory for him to release her, because temporary marriage is forbidden and it is not permissible to persist in it.
The questioner : May Allah reward you.
The Shaykh : Temporary marriage was permissible, then it was forbidden. It is for a person to marry a woman for a specified period, saying, "I have married you for one month," or "I have married you for one year," or something similar. It is an invalid and forbidden contract, because it is established that the Prophet (peace and blessings be upon him) forbade it and said:
it will remain sacred till the Day of Resurrection
إنه حرام إلى يوم القيامةit will remain sacred till the Day of Resurrection
إنه حرام إلى يوم القيامةAccordingly, whoever marries through temporary marriage must renew the contract with the intention of permanent marriage if he desires this woman. However, he must wait for her to be purified before contracting the marriage, unless he married her through temporary marriage believing it to be lawful, in which case there is no need to wait for her purification, but he must renew the contract. As for if he has no desire for her, it is obligatory for him to release her, because temporary marriage is forbidden and it is not permissible to persist in it.
The questioner : May Allah reward you.