What is the ruling on marriage with the intention of divorce?
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The questioner : It is permissible for him to marry in a manner resembling temporary marriage; that is, he marries and says he will divorce her after a month, but he does not write it down. He intends in his heart to divorce her after a set period. They also permitted this type of marriage.
The questioner : This was in a gathering in America, and this opinion was mentioned. One of the scholars responded to this opinion, meaning he responded strongly. And this is similar to mut'ah.
Another questioner : No, this was permitted for the...
The questioner : No, it is said about so-and-so and so-and-so, but it was not mentioned, meaning there is no legal ruling or heard fatwa there.
Another questioner : In a legal ruling that appeared.
The Shaykh : There is a difference, Professor, between what you say and what he says. He reports from a specific person that he issued a fatwa permitting this marriage. You say: this is not permissible. But your saying "it is not permissible" does not mean that the one from whom the permission was reported did not say it; because the issue is one of independent legal reasoning. You know that the four Imams have words on a single issue, having several opinions, and this is without doubt.
Another questioner: Peace be upon you.
The Shaykh : Welcome, and peace be upon you.
The four Imams have contradictory opinions, the most extreme contradiction, on a single issue. You may adopt one of these opinions, but this does not mean that what the other Imams said is contrary to this opinion; is that clear? And if the Imams issue such disagreement, then it is even more likely that such disagreement issues from the scholars of our time.
The questioner: Yes.
The Shaykh : Ah, but I am surprised by one thing only: why is it mentioned in the topic of a Muslim marrying a Christian woman in those Christian lands, and it is not mentioned in the contract for a period of so much? Because it would become mut'ah, and mut'ah is forbidden. But there is no harm in intending that in his heart. I am asking what is the benefit of this intention? What is the difference between two young men, one who married and intended but did not write it down, and the other who married and did not intend, let alone write it down? What is the difference between these two young men in the result, in the outcome? Is it permissible for the first one, who intended but did not write it down, to divorce when he returns to his country, and not permissible for the other to divorce when he returns to his country?
The questioner : It is permissible.
The Shaykh : Is the concept of the question clear?
The questioner: Yes.
The Shaykh : We assume two young men who want to marry to chaste themselves in those sinful, corrupt lands. One married based on this reported fatwa that it is permissible to marry her and intend in his heart to divorce her after he finishes his studies. The other married as if he married a Muslim girl, intending nothing at all. What is the difference between them? What is the fruit of this one who intended and this one who did not intend? There is absolutely no difference between them; why? I say: The Wise Lawgiver, in what He legislated for us of religion, permitted us divorce. So it is not necessary for the Muslim to mention or intend in his heart that he will divorce his wife if she, for example, behaves badly. The door is open.
The questioner: Yes.
The Shaykh : If she does not obey, to the end of it, then he marries as the Shari'ah commanded. So if it occurs to him to divorce her, he has the right to divorce her. So this second young man who married a Christian woman and did not intend to divorce her, his result is the result of the first one who intended to divorce his wife. And that one lived as long as he lived until he obtained this degree, then he resolved to return to his country, so each of them divorces his wife. There is no difference between the first one who intended and the other who did not intend. So why is this condition introduced into the topic; that he intends and does not write it down? Meaning there is no fruit in it and no benefit in it, rather it is idle talk.
The questioner : To stir up specific doubts only.
The Shaykh : But!
The questioner : This was in a gathering in America, and this opinion was mentioned. One of the scholars responded to this opinion, meaning he responded strongly. And this is similar to mut'ah.
Another questioner : No, this was permitted for the...
The questioner : No, it is said about so-and-so and so-and-so, but it was not mentioned, meaning there is no legal ruling or heard fatwa there.
Another questioner : In a legal ruling that appeared.
The Shaykh : There is a difference, Professor, between what you say and what he says. He reports from a specific person that he issued a fatwa permitting this marriage. You say: this is not permissible. But your saying "it is not permissible" does not mean that the one from whom the permission was reported did not say it; because the issue is one of independent legal reasoning. You know that the four Imams have words on a single issue, having several opinions, and this is without doubt.
Another questioner: Peace be upon you.
The Shaykh : Welcome, and peace be upon you.
The four Imams have contradictory opinions, the most extreme contradiction, on a single issue. You may adopt one of these opinions, but this does not mean that what the other Imams said is contrary to this opinion; is that clear? And if the Imams issue such disagreement, then it is even more likely that such disagreement issues from the scholars of our time.
The questioner: Yes.
The Shaykh : Ah, but I am surprised by one thing only: why is it mentioned in the topic of a Muslim marrying a Christian woman in those Christian lands, and it is not mentioned in the contract for a period of so much? Because it would become mut'ah, and mut'ah is forbidden. But there is no harm in intending that in his heart. I am asking what is the benefit of this intention? What is the difference between two young men, one who married and intended but did not write it down, and the other who married and did not intend, let alone write it down? What is the difference between these two young men in the result, in the outcome? Is it permissible for the first one, who intended but did not write it down, to divorce when he returns to his country, and not permissible for the other to divorce when he returns to his country?
The questioner : It is permissible.
The Shaykh : Is the concept of the question clear?
The questioner: Yes.
The Shaykh : We assume two young men who want to marry to chaste themselves in those sinful, corrupt lands. One married based on this reported fatwa that it is permissible to marry her and intend in his heart to divorce her after he finishes his studies. The other married as if he married a Muslim girl, intending nothing at all. What is the difference between them? What is the fruit of this one who intended and this one who did not intend? There is absolutely no difference between them; why? I say: The Wise Lawgiver, in what He legislated for us of religion, permitted us divorce. So it is not necessary for the Muslim to mention or intend in his heart that he will divorce his wife if she, for example, behaves badly. The door is open.
The questioner: Yes.
The Shaykh : If she does not obey, to the end of it, then he marries as the Shari'ah commanded. So if it occurs to him to divorce her, he has the right to divorce her. So this second young man who married a Christian woman and did not intend to divorce her, his result is the result of the first one who intended to divorce his wife. And that one lived as long as he lived until he obtained this degree, then he resolved to return to his country, so each of them divorces his wife. There is no difference between the first one who intended and the other who did not intend. So why is this condition introduced into the topic; that he intends and does not write it down? Meaning there is no fruit in it and no benefit in it, rather it is idle talk.
The questioner : To stir up specific doubts only.
The Shaykh : But!
Source
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The Arabic text is copied verbatim from the original source, without any edits.