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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Marriage with the Intention of Divorce and Misar Marriage

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Question:
Do you not count among the causes of boredom marriage with the intention of divorce, and marriage by misar, and what is the ruling on these two types of marriage?

Answer:
No, marriage with the intention of divorce fulfills its conditions and pillars; it has witnesses, it has a guardian, and there is mutual consent from both parties. It fulfills its conditions and pillars. The intention is a hidden matter within the husband, and contracts are built upon apparent matters, while these hidden matters are known only to Allah (Glorified and Exalted is He). However, despite this, I hold that it is not permissible to contract a marriage with the intention of divorce, because it involves betrayal of the other party. If the other party knew that you had this intention, would you marry your daughter to someone who deceives her, intending to keep her for a specific period and then divorce her? Would you accept this? No, you would not accept this, and the daughter would not accept it either, because it is a deception of her. She wants the home of marriage, she wants continuity, she wants protection, and she wants security. If she knew that the matter was merely for a specific time, she would not offer herself for this. So I hold that this contract is not permissible because it does not contain the benefit of marriage, and because it involves betrayal of the second party who assumed you wanted a continuous marriage and was deceived into marrying you.
But from the perspective of appearance, the contract is valid; from the perspective of appearance, yes. And misar marriage is valid in terms of its legal procedures; it is valid. But in terms of the harms that result from it and the prohibited matters that follow from it, it is prevented from this aspect. It is prevented on the side of manipulation, on the side of neglecting the children, and on the side of the man not taking care of the woman and protecting her. The woman becomes free and loose, and he passes by her for a week or a month only, like a beast that satisfies its desire and leaves. The benefits of marriage are not achieved in this way, and families and children are lost in this way. So from the side of its procedures, it is valid.
But from the side of the harms that result from it, it is prevented, even if the contract is valid. It is prevented considering the harms that result from it and the damages that result from it, because it does not form a family. Does misar marriage form a family? No, it does not form a family. What is required in marriage is forming a family, raising the children, and the man taking care of the woman and protecting her from being lost. All of this is missed with misar marriage. So from this aspect, it is prevented due to the harms and damages it contains, not from the side of the contract and its procedures. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 81 من 89|شرح العدة في شرح العمدة|كتاب الحدود|فصل فيما يشترط في السوط يقام به الحد|صالح الفوزان|الفقه — youtube.com (1:12:55)

The Arabic text is a machine transcription of the audio recording.

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