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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible for a Muslim to marry a woman with the intention that he will divorce her once he finishes his studies in a foreign country?

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The Shaykh : On this occasion, a question is usually raised: Is it permissible for a Muslim to marry a woman with the intention that he will divorce her once he finishes his studies in a foreign country? I say that whether he intends it or not, the result is the same. I say that this question and its answer are also considered superficial thinking and heedlessness regarding the reality I mentioned earlier, which is that whether he intends it or not, let us assume now that he married and did not intend [to divorce], and he lived with that Christian wife for as many years as he lived, and life was pleasant for him with her, and she was upright with him, and she embraced Islam, and he knew her sincerity, and perhaps he was blessed with a child or more from her. When he decided to leave, she complied and obeyed him, if that expression is correct, blind obedience. Will he divorce her? We say: whether he intended it or not, does the positive result differ? He will bring this wife to his Muslim country; there is no difference for him whether he intended it or not. Because if he did not intend it, the matter is clear. And if he intended divorce, is the intention of divorce considered a divorce, or is action required? This is a very important jurisprudential issue. The Prophet (peace and blessings be upon him) said in the authentic hadith:
Allah, the Most High, has forgiven my Ummah for whatever enters the mind, so long as it is not spoken of or put into action. إنَّ الله تجاوز لي عن أمَّتي ما حدَّثَتْ به أنفسها ؛ ما لم تتكلَّمْ أو تعمَلْ به
Sunan an-Nasa'i 3435Sahih (Darussalam)
. So if he does not utter the divorce and only intends it, this intention has no value. This is in the case where we said he did not intend it; the matter is very clear. But if he intended that after four years, when his studies end, he will divorce her, this intention has no value until that day when he wants to divorce her, then he divorces her. So there is no benefit in his intention to divorce. Some people imagine that if he intends divorce in his heart, this becomes a temporary marriage (mut'ah). There is no doubt that temporary marriage is forbidden in Islam, even though it was permissible at the beginning of Islam. It is reported in "Sahih Muslim": "That the Prophet (peace and blessings be upon him and his family) forbade temporary marriage and prohibited it until the Day of Judgment." So temporary marriage is forbidden, despite the Shi'ah continuing in their misguidance by permitting temporary marriage and exploiting this ruling, which has continued for all these centuries, to trap Sunni youth in the name of temporary marriage, which is zina (unlawful sexual intercourse) itself in terms of the law. The point is: the one who intended to divorce, as we said earlier, whether he intended it or not, nothing positive results from it at all. And that it is a temporary marriage—this is not a temporary marriage. Temporary marriage is a contract between the two parties, meaning: the man agrees with a woman that he will enjoy her for a few days, and then she becomes free. This was the case at the beginning of Islam for a profound wisdom. Then Allah (Mighty and Majestic) prohibited it through the tongue of His Prophet (peace and blessings be upon him). If yes...

The questioner : In Khaybar.

The Shaykh : It is not important [whether it was] Khaybar; there are many opinions regarding the conquest there. The important thing is that he (peace and blessings be upon him) prohibited it. So if a man intends to marry a woman and intends to divorce her one day, this is not a temporary marriage. Rather, this intention, as we said, has no effect. So we advise these young men not to remind us of the riddle or the "hazirah" that students initiate in primary schools. One of them surprises his classmate by saying, "I will hazir you: Is a qintar of cotton heavier or a qintar of lead?" He has in his mind that lead is heavy, so he says, "No, lead." Then he reminds him and says to him, "The question is a qintar by a qintar. So is it a qintar of a handful or a qintar of a room?" This is cotton and this is lead; the result is the same. Likewise, I say the result is the same whether you intended it or not. And we advise the one to whom this question is directed to keep this answer in mind: it is the same for you whether you intended it or not; nothing results except that you attribute your state to heedlessness and stupidity, which is that you intend something that has no effect. This is what I wanted to clarify to him, clarifying it on the occasion of speaking about marriage to a Christian woman, especially in Western countries. Yes...

The questioner : May Allah reward you with good and do you good.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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