What is the ruling on marrying with the intention of divorcing upon returning to one's country?
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The questioner : He has another question as well, O honorable Shaykh. He asks: What is the ruling on marrying with the intention of divorcing upon returning to one's country?
The Shaykh : The scholars have differed on this issue. Some said that marrying with the intention of divorce is a temporary marriage (mut'ah), because the one who marries intends a specific duration. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 1 Also, the man who marries a woman who has been divorced by her husband three times with the intention of divorcing her once he marries her, even if he does not stipulate this in the contract, is a man who facilitates remarriage (muhallil), and the woman does not become lawful to the first husband through him. Thus, the intention affected the validity of the contract here. Similarly, the intention to divorce upon returning to his country affects the contract.
Others said that this is not an intention of temporary marriage, meaning that this is not a temporary marriage, because a temporary marriage requires a stipulation, specifically a stipulation that he will divorce her after a certain period, or that the duration of the marriage is a certain period. This case is different from that. Therefore, when the duration of a temporary marriage ends, the marriage is dissolved without a formal annulment, whereas this is not like that. It is possible that he may desire to keep the wife with him, even if he married her with the intention of divorce. However, I see a concern in this matter other than that, which is that it is deception of the wife and her family. If they knew that he would not marry her for the sake of desire and permanence, they would not have married her to him. That is, if they thought that he only married her while he was in this country and would leave her when he traveled, they would not have married her to him. Therefore, marrying with the intention of divorce is forbidden from this aspect, not from the aspect of it being a temporary marriage. Accordingly, it is forbidden, but the contract is valid, because this prohibition does not pertain to the essence of the contract itself. Yes.
The questioner : May Allah bless you.
The Shaykh : The scholars have differed on this issue. Some said that marrying with the intention of divorce is a temporary marriage (mut'ah), because the one who marries intends a specific duration. The Prophet (peace and blessings be upon him) said:
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 امرئ ما نوىOthers said that this is not an intention of temporary marriage, meaning that this is not a temporary marriage, because a temporary marriage requires a stipulation, specifically a stipulation that he will divorce her after a certain period, or that the duration of the marriage is a certain period. This case is different from that. Therefore, when the duration of a temporary marriage ends, the marriage is dissolved without a formal annulment, whereas this is not like that. It is possible that he may desire to keep the wife with him, even if he married her with the intention of divorce. However, I see a concern in this matter other than that, which is that it is deception of the wife and her family. If they knew that he would not marry her for the sake of desire and permanence, they would not have married her to him. That is, if they thought that he only married her while he was in this country and would leave her when he traveled, they would not have married her to him. Therefore, marrying with the intention of divorce is forbidden from this aspect, not from the aspect of it being a temporary marriage. Accordingly, it is forbidden, but the contract is valid, because this prohibition does not pertain to the essence of the contract itself. Yes.
The questioner : May Allah bless you.