Marriage with the Intention of Divorce
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Q: I heard a fatwa from you on one of the tapes regarding the permissibility of marriage in foreign lands, where one intends to leave after a certain period, until the end of the course or the scholarship. What is the difference between this marriage and temporary marriage (mut'ah), and what if his wife gives birth to a daughter? Does he leave her in the foreign land with her divorced mother? I ask for clarification.
A: Yes, a fatwa was issued by the Permanent Committee, of which I was the president, stating that marriage with the intention of divorce is permissible if that is between the servant and his Lord. If a man marries in a foreign land and his intention is that he will divorce her once he finishes his studies, or his employment, or something similar, there is no harm in this according to the majority of scholars. This intention is between him and Allah the Exalted, and it is not a condition.
The difference between this and temporary marriage (mut'ah) is that in temporary marriage, there is a condition of a known duration, such as one month, two months, one year, two years, or the like. When the mentioned duration expires, the marriage is dissolved. This is the invalid temporary marriage. As for marrying her according to the way of Allah and His Messenger, but having in his heart that he will divorce her when he finishes his stay in the country, this does not harm him. This intention may change, it is not known in advance, and it is not a condition. Rather, it is between him and Allah, so it does not harm him. This is one of the reasons for his chastity from fornication and lewd acts. This is the opinion of the majority of scholars, as reported by the author of al-Mughni, Muwaffaq al-Din ibn Qudamah (may Allah have mercy on him).
A: Yes, a fatwa was issued by the Permanent Committee, of which I was the president, stating that marriage with the intention of divorce is permissible if that is between the servant and his Lord. If a man marries in a foreign land and his intention is that he will divorce her once he finishes his studies, or his employment, or something similar, there is no harm in this according to the majority of scholars. This intention is between him and Allah the Exalted, and it is not a condition.
The difference between this and temporary marriage (mut'ah) is that in temporary marriage, there is a condition of a known duration, such as one month, two months, one year, two years, or the like. When the mentioned duration expires, the marriage is dissolved. This is the invalid temporary marriage. As for marrying her according to the way of Allah and His Messenger, but having in his heart that he will divorce her when he finishes his stay in the country, this does not harm him. This intention may change, it is not known in advance, and it is not a condition. Rather, it is between him and Allah, so it does not harm him. This is one of the reasons for his chastity from fornication and lewd acts. This is the opinion of the majority of scholars, as reported by the author of al-Mughni, Muwaffaq al-Din ibn Qudamah (may Allah have mercy on him).
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
