The Ruling on Marriage with a Firm Intention to Divorce

We received a letter from 'Abd al-Habash in Jeddah University, in which he says: Muhammad traveled abroad for several months, and out of fear of falling into what is forbidden, he married a woman with the intention of divorcing her when he decided to return to his country. What is the ruling in this case, and what is the ruling if he did not have a prior intention to divorce her, and she gave birth to a son or daughter, and then he divorced her?
Answer: If the traveler intends with his marriage that he will divorce her when he resolves to leave, there is a difference of opinion among the scholars. Some scholars classify this as temporary marriage (mut'ah), while others say it is not classified as temporary marriage and is not part of it in any way; because one may intend but not resolve, it is not a condition, unlike temporary marriage, which is a stipulation that he will divorce her after one month or two months and part with her. As for this, there is no stipulation between him and her; rather, it is in his heart and intention that if he wants to leave, for example, from America, from London, from such and such, from Morocco, from Algeria, he will divorce her. And he may annul this intention and desire to keep her and travel with her.
So the closest view, and Allah knows best, is that this is not from temporary marriage. It may be permissible, but it is better not to have this intention. He should marry with the intention that if she suits him, he will travel with her, and if not, he will divorce her.
As for intending with a firm intention that he will divorce her, it is better to leave that, in order to avoid the disagreement of the scholars. This is what is better. But it does not invalidate the marriage, nor does it become temporary marriage with this intention. This is the correct view. Rather, it becomes a deficient marriage; because in this intention, and what should be his state is an absolute desire. So if he intends that if he wants to leave, he will divorce her, the correct view is that it does not invalidate his marriage, but he has left what is required, which is to have an absolute intention in desire: if she suits him, he keeps her, and if not, he divorces her. This is what is required of the believer.
And as for if the reality occurs and he marries a Muslim woman or a woman from the People of the Book—meaning—a chaste woman who is far from immorality, then Allah has only permitted us chaste women from the People of the Book. So if he marries a chaste woman from the People of the Book, that is permissible. But it is better to stay away from that and leave that; because she may bring him calamity, and she may give birth to children and make them Christians. He should be cautious of that, and not marry except a Muslim woman.
This is what is required, out of concern for the safety of the religion of his children, and indeed for his own safety. She may lead him to her religion and make him a Christian. He should be cautious. And he may become Muslim, but his offspring may not become Muslim. He should be cautious and not marry except a Muslim woman known for goodness from a righteous environment; because this is where goodness is hoped for, and safety and chastity are hoped for with it. Yes.