Is it permissible to marry with the intention of divorce?
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Question:
Some Muslims travel abroad for study and other purposes. Is it permissible to marry with the intention of divorce? What is the difference between this and the marriage of mut'ah? I ask for clarification on this matter. May Allah grant you success.
Answer:
Traveling abroad carries a great danger and much tribulation. Therefore, it is not permissible to travel abroad except under important conditions, because traveling abroad exposes one to disbelief in Allah and to sins: drinking intoxicants, committing unlawful sexual intercourse, and other evils. For this reason, the scholars explicitly stated the prohibition of traveling to the lands of the disbelievers, acting upon the saying of the Prophet (peace and blessings be upon him):Sunan Abi Dawud 2645. Thus, residing among them is extremely dangerous, whether for study or for anything else.
These travelers, whether secondary, intermediate, or university students, are in great danger. It is obligatory for the state to secure their studies domestically, and it is not permissible for them to allow travel abroad due to the great danger involved.
Much evil has resulted from this: apostasy, laxity regarding sins, unlawful sexual intercourse, lewd acts, and drinking intoxicants, as is known to those who have investigated their conditions.
Therefore, it is obligatory to prevent this, and no one should travel except men known for their religion, faith, knowledge, and virtue, if it is for calling to Allah or for specializing in matters that the Islamic state needs, and the traveler is known for knowledge, virtue, faith, and uprightness, so that he calls to Allah and benefits the people there, and learns what the state needs from him. As for these young men who travel, this is a great error, a great evil, and a great harm. We ask Allah to grant the state success in preventing this and eliminating it.
As for marrying with the intention of divorce: there is a difference of opinion among the scholars on this. Some disliked it, such as al-Awza'i (may Allah have mercy on him) and a group of scholars, and they said that it resembles mut'ah, so one should not marry with the intention of divorce.
The majority of scholars—and they are the majority, as al-Muqaddam ibn Qudamah said in "Al-Mughni"—held that it is permissible if it is a secret between him and his Lord, not as a condition. For example, if he travels to a country for study or work there and fears for himself, he may marry with the intention that if he returns to his country, he will divorce her. There is no harm in this if it is between him and his Lord, without any agreement, knowledge, or awareness from the guardian, the wife, or anyone else, but rather between him and Allah. The majority of scholars say there is no harm in this, and it is not mut'ah in any way, because it is between him and Allah, and there is no agreement involved.
As for mut'ah: it is that in which there is an agreement for one month or two months, or one year or two years, between him and the wife's family, or between him and the wife. This is called mut'ah, and it is forbidden by consensus. Only the Rafidah were lax in this matter; it is forbidden by consensus.
Ibn Abbas (may Allah be pleased with him) initially hesitated regarding it, then he retracted his view. He used to say that it is like carrion in a state of dire necessity, but he retracted that statement.
As for marrying in a country he traveled to for study, or because he is an ambassador, or for other reasons, for a legitimate legal excuse: if he traveled and needed to marry out of fear for himself, there is no harm in marrying with the intention of divorce if he intends to return. However, leaving this intention is more appropriate. Marrying with the intention of desire or benefit is more appropriate and better, in order to avoid the difference of opinion. But if he intends it between himself and Allah, and it is not a condition between him and the wife's family, nor between the wife and him, then this is not mut'ah, because it is an intention between him and Allah. A person is allowed to divorce whenever he wishes; he is not prohibited from divorce, even if he did not intend it.
Some Muslims travel abroad for study and other purposes. Is it permissible to marry with the intention of divorce? What is the difference between this and the marriage of mut'ah? I ask for clarification on this matter. May Allah grant you success.
Answer:
Traveling abroad carries a great danger and much tribulation. Therefore, it is not permissible to travel abroad except under important conditions, because traveling abroad exposes one to disbelief in Allah and to sins: drinking intoxicants, committing unlawful sexual intercourse, and other evils. For this reason, the scholars explicitly stated the prohibition of traveling to the lands of the disbelievers, 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 برئٌ من كل مسلمٍ يُقيم بين المشركينThese travelers, whether secondary, intermediate, or university students, are in great danger. It is obligatory for the state to secure their studies domestically, and it is not permissible for them to allow travel abroad due to the great danger involved.
Much evil has resulted from this: apostasy, laxity regarding sins, unlawful sexual intercourse, lewd acts, and drinking intoxicants, as is known to those who have investigated their conditions.
Therefore, it is obligatory to prevent this, and no one should travel except men known for their religion, faith, knowledge, and virtue, if it is for calling to Allah or for specializing in matters that the Islamic state needs, and the traveler is known for knowledge, virtue, faith, and uprightness, so that he calls to Allah and benefits the people there, and learns what the state needs from him. As for these young men who travel, this is a great error, a great evil, and a great harm. We ask Allah to grant the state success in preventing this and eliminating it.
As for marrying with the intention of divorce: there is a difference of opinion among the scholars on this. Some disliked it, such as al-Awza'i (may Allah have mercy on him) and a group of scholars, and they said that it resembles mut'ah, so one should not marry with the intention of divorce.
The majority of scholars—and they are the majority, as al-Muqaddam ibn Qudamah said in "Al-Mughni"—held that it is permissible if it is a secret between him and his Lord, not as a condition. For example, if he travels to a country for study or work there and fears for himself, he may marry with the intention that if he returns to his country, he will divorce her. There is no harm in this if it is between him and his Lord, without any agreement, knowledge, or awareness from the guardian, the wife, or anyone else, but rather between him and Allah. The majority of scholars say there is no harm in this, and it is not mut'ah in any way, because it is between him and Allah, and there is no agreement involved.
As for mut'ah: it is that in which there is an agreement for one month or two months, or one year or two years, between him and the wife's family, or between him and the wife. This is called mut'ah, and it is forbidden by consensus. Only the Rafidah were lax in this matter; it is forbidden by consensus.
Ibn Abbas (may Allah be pleased with him) initially hesitated regarding it, then he retracted his view. He used to say that it is like carrion in a state of dire necessity, but he retracted that statement.
As for marrying in a country he traveled to for study, or because he is an ambassador, or for other reasons, for a legitimate legal excuse: if he traveled and needed to marry out of fear for himself, there is no harm in marrying with the intention of divorce if he intends to return. However, leaving this intention is more appropriate. Marrying with the intention of desire or benefit is more appropriate and better, in order to avoid the difference of opinion. But if he intends it between himself and Allah, and it is not a condition between him and the wife's family, nor between the wife and him, then this is not mut'ah, because it is an intention between him and Allah. A person is allowed to divorce whenever he wishes; he is not prohibited from divorce, even if he did not intend it.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.