If one intends a time limit in marriage, is that a temporary marriage?
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Question:
If one intends a time limit in marriage, is that a temporary marriage?
Answer:
The time limit is a matter of consideration, and the intention is a matter of consideration. If it was not made a condition, and they did not agree on a condition, the scholars have differed on this. The better and more correct view is that it is not a temporary marriage. So if he marries her while in a foreign land, and his intention is that if he wants to return, he will divorce her, the correct view is that there is no harm in this. This is because he may change his intention, or he may take a liking to her and take her with him, as long as there is no stipulation between them, and it is in his intention that he will not take her to his country. This does not cause harm; it is not a condition, and it is not a temporary marriage according to the correct view.
Some scholars held the view that it becomes a temporary marriage if that is in his intention. However, the stronger, closer, and more apparent view is that it is not a temporary marriage. People need this; one may be in a foreign country, such as America, England, or elsewhere, and fear fitnah (trial, discord or temptation) for himself. So Allah may make it easy for him to find a suitable wife, and he marries her, with the intention that whenever he wants to return, he will divorce her, because she may not be suitable for his country, or for other reasons. This does not prevent the validity of the marriage contract. This intention may change, it may be dissolved, he may take a liking to her and take her with him; so this intention does not harm him due to the lack of stipulation.
If one intends a time limit in marriage, is that a temporary marriage?
Answer:
The time limit is a matter of consideration, and the intention is a matter of consideration. If it was not made a condition, and they did not agree on a condition, the scholars have differed on this. The better and more correct view is that it is not a temporary marriage. So if he marries her while in a foreign land, and his intention is that if he wants to return, he will divorce her, the correct view is that there is no harm in this. This is because he may change his intention, or he may take a liking to her and take her with him, as long as there is no stipulation between them, and it is in his intention that he will not take her to his country. This does not cause harm; it is not a condition, and it is not a temporary marriage according to the correct view.
Some scholars held the view that it becomes a temporary marriage if that is in his intention. However, the stronger, closer, and more apparent view is that it is not a temporary marriage. People need this; one may be in a foreign country, such as America, England, or elsewhere, and fear fitnah (trial, discord or temptation) for himself. So Allah may make it easy for him to find a suitable wife, and he marries her, with the intention that whenever he wants to return, he will divorce her, because she may not be suitable for his country, or for other reasons. This does not prevent the validity of the marriage contract. This intention may change, it may be dissolved, he may take a liking to her and take her with him; so this intention does not harm him due to the lack of stipulation.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
