Is the marriage contract of a man who marries with the intention of divorce valid?
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Question:
A man wants to travel abroad and wants to marry there for the duration of his stay, then divorce her when he returns. Is this contract valid or not? And does divorce occur by intention, or is verbalization required?
Answer:
First: the advice is not to marry a disbeliever, and not to marry there unless he finds a good Muslim woman. Some people marry women of the Book—and although the original ruling is that it is lawful for us to marry women of the Book from the Jews and Christians if they are chaste—there is danger in that.
In the early period, 'Umar (may Allah be pleased with him) prohibited that and warned them of the evil of it. So how much more so in our time! For many women of the Book drag their husbands into disbelief because of his love for her; she drags him into disbelief, and then drags their children into disbelief afterward. One should be cautious.
As for his marrying with the intention that he will divorce when he finishes his time in the country, the majority of scholars have held that this is permissible and that it is not temporary marriage. Temporary marriage is when the man, the woman, and the guardian agree on a specified number of days, and then he divorces her after five days, ten days, a month, less, or more, as a condition between them: when such and such a time has passed, she is free from the marriage. This is temporary marriage, and it is forbidden according to all scholars.
As for his marrying her, seeking her, and marrying her with the intention in the depths of his heart that when he travels from the country, he will divorce her, and he does not desire to take her to his country, this is not blameworthy according to the majority, and it is not temporary marriage. An intention in the heart does not effect a divorce. The Prophet (peace and blessings be upon him) said:Bulugh al-Maram 8:133 So if he intends in his heart to divorce today, or to divorce early in the morning, and then he lets it go, there is nothing on him.
Question : Does this mean it is temporary marriage only once?
Answer: What is considered temporary marriage? No, according to the majority of scholars, it is not considered temporary marriage.
Question: His sons?
Answer: His children are legitimate children, like the children of any other wife.
Question : Does he leave them there?
Answer: He does what he can: he takes her and them, or takes her with them, and does not divorce. This may be subject to the laws of the country and the affairs of the country, and this may not be by his choice.
A man wants to travel abroad and wants to marry there for the duration of his stay, then divorce her when he returns. Is this contract valid or not? And does divorce occur by intention, or is verbalization required?
Answer:
First: the advice is not to marry a disbeliever, and not to marry there unless he finds a good Muslim woman. Some people marry women of the Book—and although the original ruling is that it is lawful for us to marry women of the Book from the Jews and Christians if they are chaste—there is danger in that.
In the early period, 'Umar (may Allah be pleased with him) prohibited that and warned them of the evil of it. So how much more so in our time! For many women of the Book drag their husbands into disbelief because of his love for her; she drags him into disbelief, and then drags their children into disbelief afterward. One should be cautious.
As for his marrying with the intention that he will divorce when he finishes his time in the country, the majority of scholars have held that this is permissible and that it is not temporary marriage. Temporary marriage is when the man, the woman, and the guardian agree on a specified number of days, and then he divorces her after five days, ten days, a month, less, or more, as a condition between them: when such and such a time has passed, she is free from the marriage. This is temporary marriage, and it is forbidden according to all scholars.
As for his marrying her, seeking her, and marrying her with the intention in the depths of his heart that when he travels from the country, he will divorce her, and he does not desire to take her to his country, this is not blameworthy according to the majority, and it is not temporary marriage. An intention in the heart does not effect a divorce. The Prophet (peace and blessings be upon him) said:
Allah, the Most High, has forgiven my followers what they contemplate on within themselves (i.e. evil thoughts) as long as they do not act upon or speak about them.
إن الله تجاوز عن أمتي ما حدثت بها أنفسها ما لم تعلم، أو تتكلمQuestion : Does this mean it is temporary marriage only once?
Answer: What is considered temporary marriage? No, according to the majority of scholars, it is not considered temporary marriage.
Question: His sons?
Answer: His children are legitimate children, like the children of any other wife.
Question : Does he leave them there?
Answer: He does what he can: he takes her and them, or takes her with them, and does not divorce. This may be subject to the laws of the country and the affairs of the country, and this may not be by his choice.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.