What is the ruling on one who intends to marry with the intention of divorce
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Question : The questioner, Abdullah Umar from Dubai, says: What is your opinion regarding those who say that it is permissible to marry with the intention of divorce, and what is the evidence for that? We ask you to clarify this, because some of the general public compare it to temporary marriage (mut'ah).
Answer : Marrying with the intention of divorce is forbidden according to the well-known view of the school of Imam Ahmad, and it carries the ruling of temporary marriage (mut'ah). They cited as evidence for this the saying of the Prophet (peace and blessings be upon him)Sahih al-Bukhari 1. This man did not intend an absolute marriage, but rather a marriage with a condition. Thus, it is temporary marriage (mut'ah). He also analogized this to a man who marries a woman who has been divorced from her husband with a final divorce.
That is, her first husband divorced her three times, and another man married her with the intention that as soon as he releases her to the first husband, he will divorce her. This intention invalidates the contract, even if it was not stipulated. This is a clear analogy. According to this view, marriage with the intention of divorce is forbidden and defective, and the wife does not become lawful through it. And whoever has intercourse with his wife under this contract has made lawful a private part that is forbidden to him.
Some scholars said that it is permissible, because this is not like temporary marriage (mut'ah) in every respect. In temporary marriage (mut'ah), when the time period ends, the woman is divorced or her marriage is annulled without the husband's choice. But as for the one who married her with the intention of divorce, he may perhaps desire her and not divorce her. However, we hold that marriage with the intention of divorce is forbidden in all cases. Because if it is not contrary to the implication of the contract, it is deception and betrayal of the wife and her people. If the wife and her people knew that this man does not want an absolute marriage, but only wants to marry her with the intention of divorce—meaning when he goes to his country or when his work is finished—if they knew he wanted that, they would not give her in marriage to him. And in that case, it falls under the category of deception and betrayal. And the Prophet said: Yes.
Answer : Marrying with the intention of divorce is forbidden according to the well-known view of the school of Imam Ahmad, and it carries the ruling of temporary marriage (mut'ah). They cited as evidence for this the saying of the Prophet (peace and blessings be upon him)
The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.
إنما الأعمال بالنيات وإنما لكل امرئ ما نوىThat is, her first husband divorced her three times, and another man married her with the intention that as soon as he releases her to the first husband, he will divorce her. This intention invalidates the contract, even if it was not stipulated. This is a clear analogy. According to this view, marriage with the intention of divorce is forbidden and defective, and the wife does not become lawful through it. And whoever has intercourse with his wife under this contract has made lawful a private part that is forbidden to him.
Some scholars said that it is permissible, because this is not like temporary marriage (mut'ah) in every respect. In temporary marriage (mut'ah), when the time period ends, the woman is divorced or her marriage is annulled without the husband's choice. But as for the one who married her with the intention of divorce, he may perhaps desire her and not divorce her. However, we hold that marriage with the intention of divorce is forbidden in all cases. Because if it is not contrary to the implication of the contract, it is deception and betrayal of the wife and her people. If the wife and her people knew that this man does not want an absolute marriage, but only wants to marry her with the intention of divorce—meaning when he goes to his country or when his work is finished—if they knew he wanted that, they would not give her in marriage to him. And in that case, it falls under the category of deception and betrayal. And the Prophet said:
(peace and blessings be upon him and his family) Whoever deceives is not one of us.
صلى الله عليه وعلى آله وسلم من غش فليس منا.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1945- ما حكم من ينوي الزواج بنية الطلاق/سؤال على الهاتف 📞 /ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
