What is the difference between temporary marriage, marriage with the intention of divorce if one fears for himself from zina, and customary marriage?
Machine translationRead the Arabic original
The questioner : Peace be upon you.
This is regarding, O Shaykh, the fact that some people may travel outside the country, and then they prepare themselves and fear for themselves. For example, one might say, "I fear for myself, whether the period is long or short." He wants to get married, but of course, he does not enter the woman, as I know. So he marries with the intention of divorce. What is the difference between this marriage and temporary marriage, or what is called customary marriage in some countries? What is the ruling on that?
The Shaykh : Marriage with the intention of divorce is forbidden according to the well-known view of the school of Imam Ahmad. He said: It is like temporary marriage, because the person intends it to be a temporary marriage, and temporary marriage is a temporary marriage. It is established from the Prophet (peace and blessings be upon him) that he said:Sahih al-Bukhari 1.
So long as this man has intended to set a time limit for his marriage, it is temporary marriage. Just as if he intended to act as a facilitator, meaning: facilitating the marriage of a woman who has been divorced three times, without it being stipulated upon him, then the marriage would be invalid.
And some scholars said: There is no harm in it, meaning: there is no harm in a person marrying with the intention that if he leaves the country, he will divorce her.
The difference between it and temporary marriage is that temporary marriage is a marriage with a time limit, where if the time ends, the marriage is dissolved without the husband's choice. As for this, he intends to marry her with the intention of divorce if he leaves the country, but he may take pleasure in her and she may remain with him. However, there is a concern in it other than the time limit, which is deceiving and tricking the woman and her family. If they knew that the man would divorce her when he left the country, they would not marry her to him. And this would mean he has tricked and deceived them. So from this aspect, it is forbidden. But if a person does this and proceeds with this thing and says: He will deceive, it is not called temporary marriage, because temporary marriage, as I told you, is fixed; if its time ends, the marriage is dissolved without the husband's choice.
The questioner : What is the stronger opinion, O Shaykh?
The Shaykh : The stronger opinion is that it is forbidden for him to do that. It is forbidden for him to marry with the intention of divorce. He must be patient and seek reward from Allah, or he should marry without the intention of divorce, and then if he leaves, he has the right to divorce.
This is regarding, O Shaykh, the fact that some people may travel outside the country, and then they prepare themselves and fear for themselves. For example, one might say, "I fear for myself, whether the period is long or short." He wants to get married, but of course, he does not enter the woman, as I know. So he marries with the intention of divorce. What is the difference between this marriage and temporary marriage, or what is called customary marriage in some countries? What is the ruling on that?
The Shaykh : Marriage with the intention of divorce is forbidden according to the well-known view of the school of Imam Ahmad. He said: It is like temporary marriage, because the person intends it to be a temporary marriage, and temporary marriage is a temporary marriage. It is established from the Prophet (peace and blessings be upon him) that he 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 نوىSo long as this man has intended to set a time limit for his marriage, it is temporary marriage. Just as if he intended to act as a facilitator, meaning: facilitating the marriage of a woman who has been divorced three times, without it being stipulated upon him, then the marriage would be invalid.
And some scholars said: There is no harm in it, meaning: there is no harm in a person marrying with the intention that if he leaves the country, he will divorce her.
The difference between it and temporary marriage is that temporary marriage is a marriage with a time limit, where if the time ends, the marriage is dissolved without the husband's choice. As for this, he intends to marry her with the intention of divorce if he leaves the country, but he may take pleasure in her and she may remain with him. However, there is a concern in it other than the time limit, which is deceiving and tricking the woman and her family. If they knew that the man would divorce her when he left the country, they would not marry her to him. And this would mean he has tricked and deceived them. So from this aspect, it is forbidden. But if a person does this and proceeds with this thing and says: He will deceive, it is not called temporary marriage, because temporary marriage, as I told you, is fixed; if its time ends, the marriage is dissolved without the husband's choice.
The questioner : What is the stronger opinion, O Shaykh?
The Shaykh : The stronger opinion is that it is forbidden for him to do that. It is forbidden for him to marry with the intention of divorce. He must be patient and seek reward from Allah, or he should marry without the intention of divorce, and then if he leaves, he has the right to divorce.