What is the ruling on marrying with the intention of divorce? And the harms of residing in lands of disbelief.
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The student : Our Shaykh, in a fatwa from some scholars, it is permissible for students of knowledge, if they are abroad and fear fitnah for themselves, to marry from the people of those lands, whether they are People of the Book or not.
The Shaykh : How, how, or not People of the Book?
The student : If they are abroad, I mean.
The Shaykh : Do you understand? Not People of the Book, how do you mean, that they are atheists?
The student: Muslim.
The Shaykh : Ah, there is a difference, okay.
The student : Muslim... some say if he intends to divorce her, it is permissible, or marrying her with the intention and concealing the divorce in his heart.
The Shaykh : This issue is actually raised often, and I hardly understand the benefit of this intention, because it is known from the Islamic perspective that when a Muslim marries a woman whom the wise Shari'ah has permitted him to marry, he knows that there is a legal ruling called divorce, and it is permissible for the Muslim to pronounce the legal divorce whether he intended it or not. And I believe that these young men who are afflicted with traveling to lands of disbelief and misguidance, many of them married and returned to their countries with their wives. Why? Because they saw in them what they were pleased with: service, understanding of Islam, good morals, and so on. And opposite to them is another group who married and then separated, because they did not find in them anything but the satisfaction of this beastly desire. So why does a man marry and intend to divorce? If he marries and does not intend to divorce, and then he wants to divorce, is it not permissible for him to divorce? Of course not, no one says that. So I advise the young men to marry from Islamic lands, as that is better for them, because we see that women in Islamic lands have much or little deviation, so what do we say about foreign disbelieving women who have lived and been raised in a permissive society that does not know anything called honor, does not know anything called dignity? Until some of them told me, from those who know or understand the French language, that there is no word in the French dictionary that corresponds to the word "honor," they do not have honor. The point is, let him marry a Muslim woman from whatever country, that is better. But if it is absolutely necessary and he marries, let him marry as all Muslims marry. If he sees in her what pleases him, he keeps her and returns with her to his country. And if he sees otherwise, it is permissible for him to divorce. So this intention has no benefit in my belief, although I believe that if he intends it, it will not be in the ruling of temporary marriage (mut'ah), but the intention hovers around mut'ah exactly, but there is no necessity. I heard from some people that they heard fatwas that it is permissible for a Muslim to engage in mut'ah in those lands out of necessity. So I said to myself, first, this is contrary to the established hadith of the Messenger of Allah (peace and blessings be upon him) in Sahih Muslim, that the Prophet (peace and blessings be upon him) forbade mut'ah until the Day of Resurrection, marriage of mut'ah until the Day of Resurrection. So this is an eternal prohibition, not a temporary, time-bound prohibition. This is the first reason, so there is no need to marry a marriage of mut'ah. And the second reason is what was mentioned earlier: why engage in mut'ah? He marries a legal marriage, and then if it occurs to him to divorce her, he divorces her[Al-Ahzab 33:25]. This is my opinion on the issue, and Allah knows best.
Abu Layla : Our professor, in a third thing from the two you mentioned, that some men sit in those lands and forget their families.
The Shaykh : Ah, this settling in lands of disbelief is forbidden, of course. The fire of the Muslim and the fire of the polytheist do not meet, he (peace be upon him) said:. Meaning they do not neighbor each other. And that is because if a Muslim lives in an atmosphere of disbelief, he absorbs from their customs and traditions without realizing it. I had an incident happen to me; I traveled once to Britain withThe Shaykh : Muhammad ibn 'Abd al-Wahhab al-Banna, and at that time it was the month of fasting, Ramadan. We were told in a village far from London, perhaps two hundred kilometers, that there was a pious Indian young man, dressed in Islamic attire, with a beard. They spoke well of him, so we went to him and sat at the dining table for iftar. I saw that he had tied this knot, which they call the cravat. I spoke at length on the topic of his (peace be upon him) saying Sunan Abi Dawud 4031Hasan Sahih (Al-Albani). And I mentioned what came to my mind at that time of hadiths that forbid imitating the disbelievers. I found that the man responded immediately, even though he was eating, and threw it on the ground. As much as I was pleased with this quick response, I was grieved by what I heard of his words regarding this issue, where he said, "By Allah, Professor, I only put this on because the British here look at our Palestinian brothers with contempt, because they do not wear this cravat and wear the shirt open with the button undone, so they look at them with contempt. So that the Europeans do not look at him with that look, he put on this cravat." I said to him, "Glory be to Allah, meaning you are influenced by the taste of the disbelieving British and you wear this cravat imitating them, and you refuse to imitate your Muslim brothers?" So the point is that settling in lands of disbelief has many very serious dangers, and I think this is a known matter, as in America there is now...
The Shaykh : How, how, or not People of the Book?
The student : If they are abroad, I mean.
The Shaykh : Do you understand? Not People of the Book, how do you mean, that they are atheists?
The student: Muslim.
The Shaykh : Ah, there is a difference, okay.
The student : Muslim... some say if he intends to divorce her, it is permissible, or marrying her with the intention and concealing the divorce in his heart.
The Shaykh : This issue is actually raised often, and I hardly understand the benefit of this intention, because it is known from the Islamic perspective that when a Muslim marries a woman whom the wise Shari'ah has permitted him to marry, he knows that there is a legal ruling called divorce, and it is permissible for the Muslim to pronounce the legal divorce whether he intended it or not. And I believe that these young men who are afflicted with traveling to lands of disbelief and misguidance, many of them married and returned to their countries with their wives. Why? Because they saw in them what they were pleased with: service, understanding of Islam, good morals, and so on. And opposite to them is another group who married and then separated, because they did not find in them anything but the satisfaction of this beastly desire. So why does a man marry and intend to divorce? If he marries and does not intend to divorce, and then he wants to divorce, is it not permissible for him to divorce? Of course not, no one says that. So I advise the young men to marry from Islamic lands, as that is better for them, because we see that women in Islamic lands have much or little deviation, so what do we say about foreign disbelieving women who have lived and been raised in a permissive society that does not know anything called honor, does not know anything called dignity? Until some of them told me, from those who know or understand the French language, that there is no word in the French dictionary that corresponds to the word "honor," they do not have honor. The point is, let him marry a Muslim woman from whatever country, that is better. But if it is absolutely necessary and he marries, let him marry as all Muslims marry. If he sees in her what pleases him, he keeps her and returns with her to his country. And if he sees otherwise, it is permissible for him to divorce. So this intention has no benefit in my belief, although I believe that if he intends it, it will not be in the ruling of temporary marriage (mut'ah), but the intention hovers around mut'ah exactly, but there is no necessity. I heard from some people that they heard fatwas that it is permissible for a Muslim to engage in mut'ah in those lands out of necessity. So I said to myself, first, this is contrary to the established hadith of the Messenger of Allah (peace and blessings be upon him) in Sahih Muslim, that the Prophet (peace and blessings be upon him) forbade mut'ah until the Day of Resurrection, marriage of mut'ah until the Day of Resurrection. So this is an eternal prohibition, not a temporary, time-bound prohibition. This is the first reason, so there is no need to marry a marriage of mut'ah. And the second reason is what was mentioned earlier: why engage in mut'ah? He marries a legal marriage, and then if it occurs to him to divorce her, he divorces her
And sufficient was Allah for the believers in battle
وكفى الله المؤمنين القتالAbu Layla : Our professor, in a third thing from the two you mentioned, that some men sit in those lands and forget their families.
The Shaykh : Ah, this settling in lands of disbelief is forbidden, of course. The fire of the Muslim and the fire of the polytheist do not meet, he (peace be upon him) said:
The Muslim and the mushrik (one who associates partners with Allah) do not see each other's fires.
المسلم والمشرك لا تتراءى نارهماHe who copies any people is one of them.
من تشبه بقوم فهو منهم
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
