Ruling on marrying with the intention of divorcing her when he travels
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Question:
This questioner says, after greeting your eminence:
A man is traveling abroad on a mission related to study, and he is obligated to do so. He is not yet married and fears for himself. Is it permissible for him to marry there, while harboring in his heart the intention to divorce her when he travels to his country, without letting them know of this?
Answer:
There is no harm in that if he marries in the place of travel and intends to divorce her when he wishes to return. There is no harm in this according to the majority of the scholars.
Some scholars have hesitated on this matter and feared that it might fall under the category of temporary marriage (mut'ah). It is not so. Temporary marriage requires a specified duration, where one marries on the condition that he will divorce her after one or two months, with the understanding that there is no marriage between them after one, two, or three months. This is temporary marriage.
As for an absolute marriage with no condition, but where he harbors in his heart and intention that he will divorce her when he travels from the country, this is not temporary marriage. He may divorce her, or he may desire to keep her. Therefore, this is not of the category of temporary marriage according to the correct view, and this is the view of the majority of the scholars.
And Allah knows best. May Allah send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
This questioner says, after greeting your eminence:
A man is traveling abroad on a mission related to study, and he is obligated to do so. He is not yet married and fears for himself. Is it permissible for him to marry there, while harboring in his heart the intention to divorce her when he travels to his country, without letting them know of this?
Answer:
There is no harm in that if he marries in the place of travel and intends to divorce her when he wishes to return. There is no harm in this according to the majority of the scholars.
Some scholars have hesitated on this matter and feared that it might fall under the category of temporary marriage (mut'ah). It is not so. Temporary marriage requires a specified duration, where one marries on the condition that he will divorce her after one or two months, with the understanding that there is no marriage between them after one, two, or three months. This is temporary marriage.
As for an absolute marriage with no condition, but where he harbors in his heart and intention that he will divorce her when he travels from the country, this is not temporary marriage. He may divorce her, or he may desire to keep her. Therefore, this is not of the category of temporary marriage according to the correct view, and this is the view of the majority of the scholars.
And Allah knows best. May Allah send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
