What is your opinion on marriage with the intention of divorce?
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The questioner : May Allah reward you. Regarding the issue of marriage with the intention of divorce, because I heard a tape...?
The Shaykh : I consider it forbidden, from the standpoint of deception and fraud. I also consider that, based on what has happened, it should not be ruled permissible, even if a person considers it permissible. Because the problem with this is that people go and commit zina, having no purpose for the travel. But in this issue, perhaps a scholar among the scholars might issue a ruling to a student who comes to him, saying, "I am a student, for example, in these lands, and I will stay for four years, and I have been unable to control myself. I have been patient, patient for a month or two, but I cannot bear it. Do you permit me to marry?" This might be a specific ruling. But a published ruling is seized upon by the open sinner and the one who does not fear Allah.
The questioner : Shaykh, because I heard a tape with Shaykh Al-Albani, and the one who spoke with the Shaykh reported that this is what Shaykh Ibn Baz and Shaykh Ibn Uthaymeen rule. Then Shaykh Al-Albani spoke and said, "And what excellent scholars they are." Then he responded with strong words, meaning he refuted the word "divorce." He said, "Okay, and why exactly is a question posed with the intention of divorce? Why this addition? A man marries; if he wishes, he divorces, and if he wishes, he keeps her. And let us suppose he intended to divorce, but then did not divorce. Do we force him to divorce? He said: Intention has no bearing on it."
The Shaykh : Yes, but if they are determined that he wants to divorce for social reasons or governmental reasons or the like, and he is resolved to divorce. Otherwise, it is known that a man marrying a woman does not mean he must remain with her until the Day of Judgment. If Allah unites them, he stays; otherwise, he leaves her.
The reader: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send blessings and peace upon our Prophet Muhammad and upon his family and his Companions. Al-Bukhari (may Allah have mercy on him) said: "Chapter on taking turns in knowledge"
Abu al-Yaman narrated to us, and Shu'ayb narrated to us from al-Zuhri.
The Shaykh : I consider it forbidden, from the standpoint of deception and fraud. I also consider that, based on what has happened, it should not be ruled permissible, even if a person considers it permissible. Because the problem with this is that people go and commit zina, having no purpose for the travel. But in this issue, perhaps a scholar among the scholars might issue a ruling to a student who comes to him, saying, "I am a student, for example, in these lands, and I will stay for four years, and I have been unable to control myself. I have been patient, patient for a month or two, but I cannot bear it. Do you permit me to marry?" This might be a specific ruling. But a published ruling is seized upon by the open sinner and the one who does not fear Allah.
The questioner : Shaykh, because I heard a tape with Shaykh Al-Albani, and the one who spoke with the Shaykh reported that this is what Shaykh Ibn Baz and Shaykh Ibn Uthaymeen rule. Then Shaykh Al-Albani spoke and said, "And what excellent scholars they are." Then he responded with strong words, meaning he refuted the word "divorce." He said, "Okay, and why exactly is a question posed with the intention of divorce? Why this addition? A man marries; if he wishes, he divorces, and if he wishes, he keeps her. And let us suppose he intended to divorce, but then did not divorce. Do we force him to divorce? He said: Intention has no bearing on it."
The Shaykh : Yes, but if they are determined that he wants to divorce for social reasons or governmental reasons or the like, and he is resolved to divorce. Otherwise, it is known that a man marrying a woman does not mean he must remain with her until the Day of Judgment. If Allah unites them, he stays; otherwise, he leaves her.
The reader: In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send blessings and peace upon our Prophet Muhammad and upon his family and his Companions. Al-Bukhari (may Allah have mercy on him) said: "Chapter on taking turns in knowledge"
Abu al-Yaman narrated to us, and Shu'ayb narrated to us from al-Zuhri.