Is it permissible for a person to marry with the intention of divorce?
Marriage with the intention to divorce falls into two categories: Either it is stipulated in the contract, which makes it a forbidden and invalid temporary marriage (Nikah Mut'ah). Or the intention is present without being stipulated. Here, scholars have differed:
- The majority of scholars: They consider it permissible. - The Hanbalis: They consider it forbidden and the contract invalid because, in their view, the intention is equivalent to a stipulation. They cite the hadith "Actions are but by intentions" and the prohibition of tahlil marriage (marriage of convenience to make a divorced woman lawful for her previous husband) even if it is without a stipulation. - Another view: The marriage is valid with the intention of divorce when one leaves the country (like in the case of expatriate students), because it was not stipulated. This is one of the two opinions of Sheikh al-Islam Ibn Taymiyyah. However, this act may constitute deception and fraud against the wife and her family, which Islam has forbidden, as the Prophet (peace be upon him) said: "None of you believes until he loves for his brother what he loves for himself." Opening this door leads to great evils. Imam Malik disliked it and considered it not among the manners of Muslims. Deception is forbidden in dealing with any person, whether she is a Muslim or a Christian.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/31731
- Source platform
- Ftawy
- Original fatwa ID
- 31731
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy