Ruling on marriage with the intention of divorce
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Some people may travel outside the country, whether for a long or short period, and they fear for themselves and wish to marry, while having the intention to divorce. What is the difference between this marriage and temporary marriage, or what is called customary marriage?
Marrying with the intention of divorce is forbidden according to the well-known view of the school of Imam Ahmad,And he said: because it is like temporary marriage, since the person intends the marriage to be temporary, and temporary marriage is a temporary marriage. It is established from the Prophet (peace and blessings be upon him) that he said: (Actions are only by intentions, and every person will have only what he intended) .
So long as this man has intended to set a time limit for his marriage, it is temporary marriage, just as if he intended to facilitate the marriage of a woman who has been divorced three times—Meaning: facilitating the marriage of a woman who has been divorced three times—without it being stipulated for him, the marriage would be invalid.
And some scholars said: There is nothing wrong with it,Meaning: there is nothing wrong with a person marrying with the intention that if he leaves the country, he will divorce her.
And the difference between it and temporary marriage: Temporary marriage is a marriage with a time limit, stipulated such that when the time ends, the marriage is dissolved without the husband’s choice. As for this, he intends to marry her with the intention of divorcing her if he leaves the country, but he may take a liking to her and she may remain with him. However, there is a concern in it other than the time limit.
And that is deceiving and tricking the woman and her family, for if they knew that the man would divorce her when he left the country, they would not marry her to him. This would mean he has tricked and deceived them. From this perspective, it is forbidden. But if a person does this and proceeds with this matter and says: that he will deceive, it is not called temporary marriage, because temporary marriage is fixed; when its time ends, the marriage is dissolved without the husband’s choice.
The stronger view is that it is forbidden for him to marry with the intention of divorce. He must be patient and seek reward from Allah, or he should marry without the intention of divorce, and then if he leaves, he has the right to divorce.
Marrying with the intention of divorce is forbidden according to the well-known view of the school of Imam Ahmad,And he said: because it is like temporary marriage, since the person intends the marriage to be temporary, and temporary marriage is a temporary marriage. It is established from the Prophet (peace and blessings be upon him) that he said: (Actions are only by intentions, and every person will have only what he intended) .
So long as this man has intended to set a time limit for his marriage, it is temporary marriage, just as if he intended to facilitate the marriage of a woman who has been divorced three times—Meaning: facilitating the marriage of a woman who has been divorced three times—without it being stipulated for him, the marriage would be invalid.
And some scholars said: There is nothing wrong with it,Meaning: there is nothing wrong with a person marrying with the intention that if he leaves the country, he will divorce her.
And the difference between it and temporary marriage: Temporary marriage is a marriage with a time limit, stipulated such that when the time ends, the marriage is dissolved without the husband’s choice. As for this, he intends to marry her with the intention of divorcing her if he leaves the country, but he may take a liking to her and she may remain with him. However, there is a concern in it other than the time limit.
And that is deceiving and tricking the woman and her family, for if they knew that the man would divorce her when he left the country, they would not marry her to him. This would mean he has tricked and deceived them. From this perspective, it is forbidden. But if a person does this and proceeds with this matter and says: that he will deceive, it is not called temporary marriage, because temporary marriage is fixed; when its time ends, the marriage is dissolved without the husband’s choice.
The stronger view is that it is forbidden for him to marry with the intention of divorce. He must be patient and seek reward from Allah, or he should marry without the intention of divorce, and then if he leaves, he has the right to divorce.