The ruling on one who marries a woman in a foreign country with the intention of divorcing her upon his return to his home country
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A man traveled to a foreign country and feared for his religion regarding zina, so he wanted to marry with the intention of divorcing her when he returned to his country, but this is not stipulated in the marriage contract. Is this marriage invalid?
May Allah reward you for this. There is a disagreement among the scholars. Some say: the marriage is not valid; because what is intended is like what is stipulated,Just as if you said to the wife: I will marry you as long as you are in the country, so it is forbidden and it is a marriage of pleasure (mut'ah), and likewise what you intended;Because the Prophet (peace and blessings be upon him) said: (Actions are only by intentions, and every person will have only what he intended),And some scholars said: There is no harm in it; because a person marries a woman with the intention that he will divorce her when he returns to his homeland, but he desires her and does not divorce her.
And in my opinion, that is not permissible from the aspect that it is deception of the wife and her family; because they married him on the basis that she would remain with him, and if they had known that he intended to divorce her when he returned to the country, they would not have married him to him. Then, it involved harm in the present time. I heard some people, when they heard the opinion of permissibility, started going to countries in order to marry for a week and return. This is clear zina, and the scholars who issued the fatwa do not intend this.
They say: A stranger is sitting in the homeland for knowledge or for trade. He did not come to the homeland to marry; he came for a purpose and saw from himself that he must marry. He marries and there is no harm in him intending to divorce her when he leaves. And I lean toward the fact that this is forbidden, but it is not a marriage of pleasure (mut'ah); rather, it is forbidden because it is deception of the woman and her family.
May Allah reward you for this. There is a disagreement among the scholars. Some say: the marriage is not valid; because what is intended is like what is stipulated,Just as if you said to the wife: I will marry you as long as you are in the country, so it is forbidden and it is a marriage of pleasure (mut'ah), and likewise what you intended;Because the Prophet (peace and blessings be upon him) said: (Actions are only by intentions, and every person will have only what he intended),And some scholars said: There is no harm in it; because a person marries a woman with the intention that he will divorce her when he returns to his homeland, but he desires her and does not divorce her.
And in my opinion, that is not permissible from the aspect that it is deception of the wife and her family; because they married him on the basis that she would remain with him, and if they had known that he intended to divorce her when he returned to the country, they would not have married him to him. Then, it involved harm in the present time. I heard some people, when they heard the opinion of permissibility, started going to countries in order to marry for a week and return. This is clear zina, and the scholars who issued the fatwa do not intend this.
They say: A stranger is sitting in the homeland for knowledge or for trade. He did not come to the homeland to marry; he came for a purpose and saw from himself that he must marry. He marries and there is no harm in him intending to divorce her when he leaves. And I lean toward the fact that this is forbidden, but it is not a marriage of pleasure (mut'ah); rather, it is forbidden because it is deception of the woman and her family.