What is the ruling on one who marries a non-Muslim woman in a land of disbelief, intending to divorce her when his studies end?

The questioner : Shaykh, there are some Muslim young men who migrate to go to study in lands of disbelief. Some scholars have permitted them and issued a fatwa allowing them to marry a non-Muslim woman, meaning until the end of their studies. Is this marriage lawful, or what do you say about that? May Allah reward you with good.

The Shaykh : Praise be to Allah, and may peace and blessings be upon the Messenger of Allah.
I have no doubt about the validity of this marriage if the known conditions in the Book and the Sunnah are met. However, I see that the intention of this young man to make this a temporary marriage in his mind, not in the contract, is of no benefit, neither negative nor positive. Why? Two young men married; one married in the ordinary way without intending in his heart the specific number of years of study, and the other intended [to divorce]. There is no difference between the two, given the condition I mentioned earlier, namely that the contract of each of them was a lawful contract. There is no difference between this and that in terms of each one being able to enjoy his wife for life, or one of them divorcing his wife when he sees that life is not going well for him with his wife. What is the benefit of this intention? In other words, the first man married without this intention and lived with her as long as he did, and it occurred to him to divorce her before the academic year ended. Is there anything preventing that? The answer is no. It occurred to him to divorce her after he finished his studies. No one would say there is a preventer because you did not intend [to divorce], because divorce is explicitly mentioned in the Qur'an when the cause necessitating it is present, and I do not say the cause obligating it. The other one, who intended to divorce her as we said earlier when he finishes his studies, but in his marital experience it occurred to him that this woman is righteous in terms of her religion and her character, so the academic year ended and he kept her with him and took her to his country. Who would tell him this is not permissible?

The questioner : No one.

The Shaykh : Then there is no benefit from this intention. And I truly am amazed at delving into such a matter and the saying of some scholars, as you mentioned earlier, that this is a permissible matter, meaning the intention to divorce when the studies end is permissible, and that it is not the marriage of pleasure. It is correct, it is not the marriage of pleasure. But why do we return people to, or draw their attention to, matters that have no effect, neither negative nor positive? This is the clear example before you. So this intention has no benefit, neither negative nor positive. Because if it occurs to him, and he intended to enjoy her as a married man enjoys his Muslim wife in his own country, he has that right, and no one would tell him, "You intended to divorce her, so you must divorce her." Nor does he have to hold onto her. And the reverse is the case: if he married her without this intention, and then it occurs to him to divorce her when returning to his country, no one would tell him, "You are not allowed to divorce her because you did not intend to divorce her when you contracted the marriage." It is clear, and with that the answer ends.

The questioner : May Allah bless you.