The ruling on marriage with the intention of divorce and the difference between it and temporary marriage
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Q: Some Muslims travel abroad for study and other purposes. Is it permissible for them to marry with the intention of divorce? What is the difference between this and temporary marriage? I ask for clarification on this matter. May Allah guide you.
A: Marrying abroad entails great harm and serious danger. Therefore, it is not permissible to travel abroad except under important conditions, because traveling abroad exposes one to disbelief in Allah and to sins, such as drinking intoxicants, committing unlawful sexual intercourse, and other evils. For this reason, the scholars have stated that traveling to the lands of the disbelievers is forbidden, acting upon the saying of the Prophet (peace and blessings be upon him):Sunan Abi Dawud 2645. Thus, residing among them is very dangerous, whether for tourism, study, trade, or anything else.
These travelers, whether secondary or intermediate school students or university students, are in great danger. It is obligatory for the state—may Allah guide it—to secure their education domestically, and it is not permissible for them to allow travel abroad due to the great danger involved.
As a result, much evil has arisen, including apostasy and laxity regarding sins such as unlawful sexual intercourse and drinking intoxicants. The greatest of these is abandoning the prayers, as is known to those who have investigated the conditions of those who travel abroad, except for those whom Allah has shown mercy to, and they are few.
Therefore, it is obligatory to prevent them from doing so, and no one should travel except men known for their religion, faith, knowledge, and virtue, and only if it is for calling to Allah or for specializing in matters that the Islamic state needs.
It is obligatory for the traveler known for knowledge, virtue, and faith to remain steadfast so that he calls to Allah with insight and learns what he was sent for. An exception may be made for sciences that are necessary, for which there is no one to teach them and it is not feasible to bring in someone to teach them, provided that the one sent is known for religion, faith, knowledge, and virtue, as we mentioned earlier.
As for marriage with the intention of divorce, there is disagreement among the scholars. Some, such as al-Awza'i (may Allah have mercy on him) and a group of others, disliked it, saying that it resembles temporary marriage, and thus it is not permissible for one to marry with the intention of divorce according to them. The majority of scholars, as al-Muqaddam ibn Qudamah (may Allah have mercy on him) stated in al-Mughni, held that it is permissible if the intention is only between him and his Lord and not a condition. For example, if one travels for study or other work and fears for himself, he may marry, even if he intends to divorce her when his mission ends. This is the stronger position if it is only between him and his Lord, without any stipulation, without informing the wife or her guardian, but only between him and Allah. The majority of scholars say: there is no harm in this, as mentioned earlier, and it is not temporary marriage in any way, because it is between him and Allah, and there is no stipulation involved.
As for temporary marriage, there is a stipulation for one month, two months, one year, or two years, either between him and the wife's family or between him and the wife. This marriage is called temporary marriage, and it is forbidden by consensus. Only the Rafidah were lax in this matter. It was permissible in the early days of Islam, then it was abrogated and Allah forbade it until the Day of Resurrection, as established in the authentic hadiths from the Prophet (peace and blessings be upon him).
As for marrying in a country one has traveled to for study, or because he is an ambassador, or for other reasons that justify traveling to the lands of the disbelievers, it is permissible for him to marry with the intention of divorce, if he intends to return, as mentioned earlier, if he needs to marry out of fear for himself. However, leaving this intention is better, as a precaution for the religion and to avoid the disagreement among scholars, and because there is no need for this intention; for the husband is not prevented from divorcing if he sees the benefit in doing so, even if he did not intend it at the time of marriage.
A: Marrying abroad entails great harm and serious danger. Therefore, it is not permissible to travel abroad except under important conditions, because traveling abroad exposes one to disbelief in Allah and to sins, such as drinking intoxicants, committing unlawful sexual intercourse, and other evils. For this reason, the scholars have stated that traveling to the lands of the disbelievers is forbidden, acting upon the saying of the Prophet (peace and blessings be upon him):
I am not responsible for any Muslim who stays among polytheists
أنا بريء من كل مسلم يقيم بين المشركينThese travelers, whether secondary or intermediate school students or university students, are in great danger. It is obligatory for the state—may Allah guide it—to secure their education domestically, and it is not permissible for them to allow travel abroad due to the great danger involved.
As a result, much evil has arisen, including apostasy and laxity regarding sins such as unlawful sexual intercourse and drinking intoxicants. The greatest of these is abandoning the prayers, as is known to those who have investigated the conditions of those who travel abroad, except for those whom Allah has shown mercy to, and they are few.
Therefore, it is obligatory to prevent them from doing so, and no one should travel except men known for their religion, faith, knowledge, and virtue, and only if it is for calling to Allah or for specializing in matters that the Islamic state needs.
It is obligatory for the traveler known for knowledge, virtue, and faith to remain steadfast so that he calls to Allah with insight and learns what he was sent for. An exception may be made for sciences that are necessary, for which there is no one to teach them and it is not feasible to bring in someone to teach them, provided that the one sent is known for religion, faith, knowledge, and virtue, as we mentioned earlier.
As for marriage with the intention of divorce, there is disagreement among the scholars. Some, such as al-Awza'i (may Allah have mercy on him) and a group of others, disliked it, saying that it resembles temporary marriage, and thus it is not permissible for one to marry with the intention of divorce according to them. The majority of scholars, as al-Muqaddam ibn Qudamah (may Allah have mercy on him) stated in al-Mughni, held that it is permissible if the intention is only between him and his Lord and not a condition. For example, if one travels for study or other work and fears for himself, he may marry, even if he intends to divorce her when his mission ends. This is the stronger position if it is only between him and his Lord, without any stipulation, without informing the wife or her guardian, but only between him and Allah. The majority of scholars say: there is no harm in this, as mentioned earlier, and it is not temporary marriage in any way, because it is between him and Allah, and there is no stipulation involved.
As for temporary marriage, there is a stipulation for one month, two months, one year, or two years, either between him and the wife's family or between him and the wife. This marriage is called temporary marriage, and it is forbidden by consensus. Only the Rafidah were lax in this matter. It was permissible in the early days of Islam, then it was abrogated and Allah forbade it until the Day of Resurrection, as established in the authentic hadiths from the Prophet (peace and blessings be upon him).
As for marrying in a country one has traveled to for study, or because he is an ambassador, or for other reasons that justify traveling to the lands of the disbelievers, it is permissible for him to marry with the intention of divorce, if he intends to return, as mentioned earlier, if he needs to marry out of fear for himself. However, leaving this intention is better, as a precaution for the religion and to avoid the disagreement among scholars, and because there is no need for this intention; for the husband is not prevented from divorcing if he sees the benefit in doing so, even if he did not intend it at the time of marriage.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.