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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the ruling on marrying a non-Muslim woman in a land of disbelief during the period of study and then divorcing her?

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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 when he finishes his studies in the foreign country, he will intend in his heart to divorce her? 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, it is the same. 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, with blind obedience. Do we say he should divorce her? We say that 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 the 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 تتكلَّم أو تعمَلْ به
Sunan an-Nasa'i 3435Sahih (Darussalam)
. So if he does not utter the divorce and only intends the divorce, this intention has no value. This is in the case where we said that if 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 the 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, because it is reported in Sahih Muslim that the Prophet (peace and blessings be upon him) forbade temporary marriage and prohibited it until the Day of Resurrection. So temporary marriage is forbidden, despite the Shi'ah continuing in their misguidance by permitting temporary marriage and exploiting this ruling, which they have maintained throughout these centuries, to trap Sunni youth in the name of temporary marriage, which is zina (unlawful sexual intercourse) in the Shari'ah itself. The point is that the one who intended to divorce, as we said earlier, whether he intended it or not, nothing positive results from it at all. As for it being 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, and then Allah (Mighty and Majestic) forbade it through the tongue of His Prophet (peace and blessings be upon him). If so.

The questioner : In Khaybar.

The Shaykh : It is not important; there are many opinions regarding the opening of Khaybar. The important thing is that he (peace and blessings be upon him) forbade 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 hazirah you: Is a qintar of cotton heavier or a qintar of lead?" And he has in his mind that lead is heavier. 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?" Ah, this is cotton and this is lead. The result is the same. Likewise, I say that the result is the same whether you intended it or not. And we advise the one to whom this question was 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 on the occasion of speaking about marrying a woman from the People of the Book, especially in Western countries. Yes.
The student : May Allah reward you with good and do you well.
Source www.al-albany.com

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

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