Evidence from the school of thought that the marriage of one who intends divorce is not valid, and that the intention is not valid by analogy to the muhallil; is the analogy valid?
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The questioner : Shaykh, may Allah bless you, one of the proofs of the school of thought is that this marriage is not permissible.
The Shaykh : Which marriage?
The questioner : The marriage of one who intends to divorce tomorrow is not valid.
The Shaykh : Yes.
The questioner : The intention, and they analogized it to one who intends to act as a muhallil.
The Shaykh : Yes.
The questioner : So how do we refute this analogy, especially since someone might say that this is a clear and obvious analogy?
The Shaykh : Yes, it is correct; it is a clear analogy. But the difference is that the original ruling for the muhallil is that if he intends to act as a muhallil, the marriage is not established. We say this because he might desire her and she might remain with him, so it does not concern another person. In reality, the difference is weak, meaning, the difference is weak. But what I see in this issue is that the marriage is valid but forbidden because of the deception. As for the educational aspect, I see that it should be prohibited, and that one who is known to have married in order to divorce must be disciplined and must be separated from his wife so that the door to unlawful sexual intercourse is not opened. Now, we ask Allah for safety. The door to unlawful sexual intercourse has been opened. This book written by Shaykh Salah Mansur, "Marriage with the Intention of Divorce," contains strong evidence for this, that it is prohibited. Yes?
The questioner : Okay, our Shaykh, should the ruling be specific to one who studies and fears fitnah for himself, or otherwise, according to the second opinion, do we prohibit it absolutely?
The Shaykh : No, I see that it should be prohibited absolutely. Even for one who fears fitnah for himself, we say: marry with the intention that she is your wife, and if you do not desire her afterwards, divorce her. Yes?
The Shaykh : Which marriage?
The questioner : The marriage of one who intends to divorce tomorrow is not valid.
The Shaykh : Yes.
The questioner : The intention, and they analogized it to one who intends to act as a muhallil.
The Shaykh : Yes.
The questioner : So how do we refute this analogy, especially since someone might say that this is a clear and obvious analogy?
The Shaykh : Yes, it is correct; it is a clear analogy. But the difference is that the original ruling for the muhallil is that if he intends to act as a muhallil, the marriage is not established. We say this because he might desire her and she might remain with him, so it does not concern another person. In reality, the difference is weak, meaning, the difference is weak. But what I see in this issue is that the marriage is valid but forbidden because of the deception. As for the educational aspect, I see that it should be prohibited, and that one who is known to have married in order to divorce must be disciplined and must be separated from his wife so that the door to unlawful sexual intercourse is not opened. Now, we ask Allah for safety. The door to unlawful sexual intercourse has been opened. This book written by Shaykh Salah Mansur, "Marriage with the Intention of Divorce," contains strong evidence for this, that it is prohibited. Yes?
The questioner : Okay, our Shaykh, should the ruling be specific to one who studies and fears fitnah for himself, or otherwise, according to the second opinion, do we prohibit it absolutely?
The Shaykh : No, I see that it should be prohibited absolutely. Even for one who fears fitnah for himself, we say: marry with the intention that she is your wife, and if you do not desire her afterwards, divorce her. Yes?