The Ruling on Marriage with the Intention of Divorce
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Question:
The questioner says: Honorable Shaykh, if a man marries a woman with the intention of divorcing her, is the marriage valid or not?
Answer:
The Shaykh said: This issue is mentioned by the author of al-Mughni. He stated that the majority of scholars hold that it is permissible, because the contract fulfills all the conditions. Is there a condition of specifying a time? No, the contract fulfills the conditions and does not include a specified time, so it is based on the apparent nature of the contract. As for the intention of the one who contracted it, that is between him and Allah. We are speaking about the apparent contract. As for what is in the intention, only Allah knows it. So how can we invalidate the contract? How can we invalidate the contract based on the intention in the husband's heart? The contract is complete with a guardian, witnesses, offer, acceptance, and consent; it is complete. So how can we invalidate it merely because of an intention in the husband's heart?
This is the opinion of the majority, and a small group of scholars said it is invalid. They said it is invalid because the intention to specify a time is like explicitly specifying a time. However, this opinion is, in reality, the weaker position, without doubt. The opinion of the majority is the correct one.
The questioner says: Honorable Shaykh, if a man marries a woman with the intention of divorcing her, is the marriage valid or not?
Answer:
The Shaykh said: This issue is mentioned by the author of al-Mughni. He stated that the majority of scholars hold that it is permissible, because the contract fulfills all the conditions. Is there a condition of specifying a time? No, the contract fulfills the conditions and does not include a specified time, so it is based on the apparent nature of the contract. As for the intention of the one who contracted it, that is between him and Allah. We are speaking about the apparent contract. As for what is in the intention, only Allah knows it. So how can we invalidate the contract? How can we invalidate the contract based on the intention in the husband's heart? The contract is complete with a guardian, witnesses, offer, acceptance, and consent; it is complete. So how can we invalidate it merely because of an intention in the husband's heart?
This is the opinion of the majority, and a small group of scholars said it is invalid. They said it is invalid because the intention to specify a time is like explicitly specifying a time. However, this opinion is, in reality, the weaker position, without doubt. The opinion of the majority is the correct one.
Source
قناة «العلامة الدكتور صالح الفوزان»، 53 من 89|شرح العدة في شرح العمدة|كتاب الصداق|فصل في حكم النكاح بغير صداق|صالح الفوزان|الفقه — youtube.com (46:58)
The Arabic text is a machine transcription of the audio recording.
