Is it permissible for a student studying abroad to marry a woman from the People of the Book with the intention of divorcing her?
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The questioner : Is it permissible for a Muslim student who has gone to the lands of disbelief to seek knowledge to marry a Christian woman? And he has in his heart the firm intention to leave her and divorce her after a specific, defined period, without having agreed upon this with her in advance, but keeping it between himself and his heart because he fears fitnah (trial, discord or temptation) for himself?
The Shaykh :
First: We do not advise a young man to marry a woman from the People of the Book today.
The reason for this is that many Muslim young men, when they marry Muslim women, find their lives become dark and bad due to the poor morals of the Muslim girl. This may be joined by the poor morals of her family, her mother, father, brother, and sisters, and so on. So what will happen if a Muslim marries a Christian woman? Her morals, her customs, her jealousy, and her pride (if they have any concept of jealousy and pride) are completely different from what we, the Muslims, have. Therefore, we do not advise such a marriage, even though the Qur'an is explicit in permitting it. However, Allah only permitted the Muslim to marry a woman from the People of the Book when the Muslims were noble and strong in their religion, their morals, and their worldly affairs, such that nations feared their might. So the matter differs from one era to another. In the first era, the Muslims were fighting the disbelievers, taking hundreds of them as captives, enslaving them, and making them slaves. Their enslavement of them was a cause of happiness for them in this world and the Hereafter, a cause of happiness for the captives, the enslaved, and the slaves, so that they would be happy in this world and the Hereafter. This was because their Muslim masters treated them in a way they did not find in their own lands, among themselves as free people, due to the instructions the Messenger (peace and blessings be upon him) gave to his Companions. Among these is his saying (peace and blessings be upon him):Sunan Ibn Majah 3690Sahih (Darussalam) and so on, from many hadiths. I do not recall any others now except this one. And the Messenger (peace and blessings be upon him) pointed to this reality that occurred later in his saying in the authentic hadith: Indeed, your Lord is amazed at a group of people who are dragged into Paradise in chains , Jami` at-Tirmidhi 3446Sahih (Darussalam) meaning: some of the Christians, from among the disbelievers, are dragged into Islam, which leads them to Paradise, in chains. Today, the situation is completely reversed. The strength and nobility of the Muslims have gone, as they have been humbled to the lowest of people, as is the reality, with great regret. If we assume that a young man marries a Christian woman and brings her here, this Christian woman will mostly remain on her religion and her tabarruj (a woman's display of her adornment), and the Islamic current will not sweep her away as it used to sweep away the captives, stamping them with the stamp of Islam. This is because this society is Islamic in name, but not in reality. The exposure found, for example, in Muslim homes today, except what Allah wills, is like the exposure found in Europe, and it may be worse than that. So this Christian wife, when brought here, will not find an environment that drags and pulls her into Islam.
A man from the audience: She will drag him.
The Shaykh : Yes? As I said, it may be the opposite. This is the first point.
Second: If one of these young men marries a wife, he does not need to have that intention, which is: that he will remain, for example, in study there for four years. So, to protect himself and prevent her from falling into zina (unlawful sexual intercourse), he marries a Christian woman from there and intends in his heart to divorce her if he decides to return to his country. We tell him: This intention, first, is not prescribed (mashru'), because the marriage of mut'ah (temporary marriage), even though its form is a verbal condition between the contracting man and woman, and this is, of course, abrogated until the Day of Resurrection, forbidden until the Day of Resurrection. The Islamic principle contained in the famous hadith:Sahih al-Bukhari 1 prevents the Muslim from marrying a woman while intending to divorce her after four years. This is if there were a benefit for him in this aspect or a dire necessity compelling him to it. But the truth is, there is no dire necessity for this young man, if he sees himself in need of marrying a Christian woman, to have this bad intention. Why does he intend this intention? The Shari'ah has already granted him the permissibility of divorce whenever the man wishes. This is from one aspect.
From another aspect: If this intention is intended and has a legal effect, it means he is obligated to divorce her after four years. Otherwise, why did he intend this intention? That is, this intention either has an effect or it does not. We believe it has no effect. If he agrees with us on that, why does he intend this intention when it has no effect? And if it has an effect, as we suspect from such a question, then why does he bind himself with shackles? Does he not have the freedom to divorce if he wishes after one year, not after four years? That is, a man may marry this Christian girl and find her to be a girl who does not refuse the hand of a toucher in the true sense, not the figurative sense. In that case, if he has Islamic jealousy, he will be compelled to divorce her before the period he set for himself has passed. So there is no benefit, neither legally nor practically, for the young man to intend this intention. Rather, he marries this girl knowing that the Shari'ah permits him to divorce her if he finds the legal or social interest in divorcing her. He may enjoy her for four years. This has happened and happened repeatedly, and even if it is rare, he may find her better than many Muslim wives. In that case, why did he bind himself in advance that he would divorce her after four years? Let him free himself from this restriction or not bind himself with this restriction. When his studies are finished, he looks at his relationship with this woman; if it is natural and good, and she can return with him to the lands of Islam, then he returns with her, because that is better. No, by Allah, she is not suitable there for one reason or more, so he divorces her. With us, marriage is not like the marriage found among the Christians. No, If the divorce is twice, then either retain her with kindness or release her with kindness . If the matter is so, which young man do we advise not to marry a woman from the People of the Book? If he refuses except to marry, the second piece of advice is: do not bind himself to divorce her after the study years are over, because he has the right to divorce her whenever he wishes. He may hasten the divorce, he may delay the divorce, and he may not divorce at all. And peace be upon you and the mercy of Allah.
The Shaykh :
First: We do not advise a young man to marry a woman from the People of the Book today.
The reason for this is that many Muslim young men, when they marry Muslim women, find their lives become dark and bad due to the poor morals of the Muslim girl. This may be joined by the poor morals of her family, her mother, father, brother, and sisters, and so on. So what will happen if a Muslim marries a Christian woman? Her morals, her customs, her jealousy, and her pride (if they have any concept of jealousy and pride) are completely different from what we, the Muslims, have. Therefore, we do not advise such a marriage, even though the Qur'an is explicit in permitting it. However, Allah only permitted the Muslim to marry a woman from the People of the Book when the Muslims were noble and strong in their religion, their morals, and their worldly affairs, such that nations feared their might. So the matter differs from one era to another. In the first era, the Muslims were fighting the disbelievers, taking hundreds of them as captives, enslaving them, and making them slaves. Their enslavement of them was a cause of happiness for them in this world and the Hereafter, a cause of happiness for the captives, the enslaved, and the slaves, so that they would be happy in this world and the Hereafter. This was because their Muslim masters treated them in a way they did not find in their own lands, among themselves as free people, due to the instructions the Messenger (peace and blessings be upon him) gave to his Companions. Among these is his saying (peace and blessings be upon him):
feed them with the same food that you eat, clothe them with the same clothes you wear
أطعموهم مما تأكلون و ألبسوهم مما تلبسونAli bin Rabi’ah said: “I witnessed Ali having an animal brought to him to ride. When he placed his foot in the stirrup he said: ‘In the Name of Allah,’ (Bismillāh) [three times]. So then, once he had ascended upon its back, he said: ‘All praise is due to Allah.’ (Al-ḥamdulillāh) then he said: Glory is to Him Who has subjected this to us, and we were not able to do it. And, surely, to our Lord are we returning (Subḥān alladhī sakh-khara lanā hādhā wa mā kunnā lahū muqrinīn. Wa innā ilā rabbinā lamunqalibūn). Then he said: ‘All praise is due to Allah (Al-ḥamdulillāh)’ – three times – and ‘Allah is the Greatest (Allāhu Akbar)’ – three times – ‘Glory is to You, indeed I have wronged myself, so forgive me, for indeed none forgives sins except You (Subḥānaka innī qad ẓalamtu nafsī faghfirlī fa-innahū lā yaghfirudh-dhunūba illā ant).’ Then he laughed. So I said: ‘O Commander of the Believer! What caused you to laugh?’ He said: ‘I saw the Messenger of Allah do as I did, then he (ﷺ) laughed, so I said, ‘What cause you to laugh?’ He said: ‘Indeed, your Lord is very pleased with His worshipper when he says: “O my Lord, forgive me my sins, indeed, no one other than You forgives sins.”
إن ربك ليعجب من أقوامA man from the audience: She will drag him.
The Shaykh : Yes? As I said, it may be the opposite. This is the first point.
Second: If one of these young men marries a wife, he does not need to have that intention, which is: that he will remain, for example, in study there for four years. So, to protect himself and prevent her from falling into zina (unlawful sexual intercourse), he marries a Christian woman from there and intends in his heart to divorce her if he decides to return to his country. We tell him: This intention, first, is not prescribed (mashru'), because the marriage of mut'ah (temporary marriage), even though its form is a verbal condition between the contracting man and woman, and this is, of course, abrogated until the Day of Resurrection, forbidden until the Day of Resurrection. The Islamic principle contained in the famous hadith:
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 ما نوىFrom another aspect: If this intention is intended and has a legal effect, it means he is obligated to divorce her after four years. Otherwise, why did he intend this intention? That is, this intention either has an effect or it does not. We believe it has no effect. If he agrees with us on that, why does he intend this intention when it has no effect? And if it has an effect, as we suspect from such a question, then why does he bind himself with shackles? Does he not have the freedom to divorce if he wishes after one year, not after four years? That is, a man may marry this Christian girl and find her to be a girl who does not refuse the hand of a toucher in the true sense, not the figurative sense. In that case, if he has Islamic jealousy, he will be compelled to divorce her before the period he set for himself has passed. So there is no benefit, neither legally nor practically, for the young man to intend this intention. Rather, he marries this girl knowing that the Shari'ah permits him to divorce her if he finds the legal or social interest in divorcing her. He may enjoy her for four years. This has happened and happened repeatedly, and even if it is rare, he may find her better than many Muslim wives. In that case, why did he bind himself in advance that he would divorce her after four years? Let him free himself from this restriction or not bind himself with this restriction. When his studies are finished, he looks at his relationship with this woman; if it is natural and good, and she can return with him to the lands of Islam, then he returns with her, because that is better. No, by Allah, she is not suitable there for one reason or more, so he divorces her. With us, marriage is not like the marriage found among the Christians. No, If the divorce is twice, then either retain her with kindness or release her with kindness . If the matter is so, which young man do we advise not to marry a woman from the People of the Book? If he refuses except to marry, the second piece of advice is: do not bind himself to divorce her after the study years are over, because he has the right to divorce her whenever he wishes. He may hasten the divorce, he may delay the divorce, and he may not divorce at all. And peace be upon you and the mercy of Allah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
