Marriage with the intention to divorce

[bamalli]

Marriage with the intention to divorce

Shaykh Muhammad ibn Saalih al-Uthaymeen
   

Reference: Fatawah for the Woman P.114
   
A man wished to travel abroad because he is a researcher and he desired to maintain his chastity by marrying there for a specified duration of time, then afterwards divorce this woman without informing her that he will soon do so. So what is the ruling regarding this action?

This is marriage with the intent to divorce and it is not free from one of two situations; either it will be stipulated in the contract that he will marry her for the duration of a month or a year or until his studies are finished, and this is the marriage of Mut'ah and it is Haraam (Forbidden). Or either he will make intentions to do this without it being stipulated. And that which is well known from the Mathhab of (those who follow) Imaam Ahmad is that it is Haraam (Forbidden) and that the marriage contract is null and void. That is because they say the intention is just like the stipulation and that is based upon the statement of the Prophet (saw) :

"Indeed actions are based upon intentions and everyone will have that which he intended..." (Bukharee and Muslim)

And because if the man was to marry a woman, from a man who divorced her three times (previously) in order to make her permissible for him (the first husband), and then divorce her, then the marriage is null and void. Even if this was without stipulation because the intention is the same as the stipulation. So if the intention is to make her permissible for him (the first husband) then the marriage contract is void. And likewise the intention to perform Mut'ah nullifies the marriage contract. And this is the position of the Hanabilah, and the second opinion of the people of knowledge in this issue is that it is correct to marry a woman and in this marriage his intention is to divorce her when he leaves that particular place. Like those strangers who go out (of their countries) for studies or the likes of this, and they mention this because it wasn't stipulated in the contract and the difference between this (type of marriage) and Mut'ah is that the Mut'ah, once the duration is complete there is a separation that must occur, whether the husband desires it or not, opposite the former because it is possible that he could desire for the woman to remain with him. And this is one of the two opinions of Shaykhul Islaam ibn Taymeeyah.

And I hold this to be correct, that it is not Mut'ah because the definition of Mut'ah is not applicable to this type of marriage but it is Muharram (forbidden) from the angle that it is deception upon the wife and her family and the Prophet (saw) has made Ghish (Deception) and Khida'a (betrayal) Haraam, and because if the woman was aware of the fact that this man didn't want to marry her except for this particular duration she would not marry him. And likewise, her family wouldn't marry her to him. Just like he wouldn't be pleased with someone marrying his daughter and his intention is to divorce her once his need (for her) has been fulfilled. So how is it that he is pleased for himself to deal with someone else with the likes of that which he would not be pleased with? This opposes Eemaan! Based upon the statement of the Prophet (saw):

"None of you truly believe until you love for your brother what you love for yourself" (from the hadeeth of Anas ibn Maalik found in Bukharee and Muslim)

Because I have heard that some of the people have taken this as a means to another affair which no one (from the people of knowledge) has supported and that is; they travel to different countries for marriage only! They go to these countries for the sake of marriage and they remain there masha Allaah with this woman whom he has made intentions, in his marriage to her, to be appointed, then return to his homeland. This is also a major prohibition and closing the door in this issue is what is more appropriate and that is because of what it entails of Ghish (deception) and Khida'a (deceit) and Taghreer (seduction with vain hopes) and because it opens the likes of these doors. And because the people are ignorant and most them, their Hawah (desires) won't prevent them from transgressing the prohibitions of Allaah. And Allaah knows best.

And Shaykh Saalih ibn Muhammad Al Luhaydaan who is the president of the high judiciary committee of major scholars in Riyadh, Saudi Arabia mentioned in his introduction to the book: "Marriage with the intention to divorce," that the final opinion of Shaykhul Islaam ibn Taymeeyah supports that fact that this type of marriage is prohibited." And the shaykh mentioned that "the fatawa's given in support of the permissibility of this type of marriage is not based upon any proof (Daleel), and that they have nothing that would remove this type of marriage from it's characteristic of being Haraam..And I pointed to the fact, on numerous occasions, of that which occurred between me and His eminence our shaykh 'Abdul 'Aziz ibn 'Abdullaah ibn Baaz and His Eminence 'Abdur Razzaq Al 'Afifi in reference to this issue and he wasn't successful in his response nor in his justification may Allaah pardon him and Have mercy upon him..."

Also Shaykh Saalih Ibn Fowzaan Al Fowzaan mentions in his introduction to the same book "Marriage with the intention to Divorce" by Shaykh Ahmad Ibn Musa As Sihli, "I have examined the book called "Marriage with the intention to divorce" and it's essentials and it's principals and it's impact by the Noble shaykh the Doctor Ahmad Ibn Musa As Sihli. And I found it to be very beneficial in its subject matter and it will treat this dangerous problem that has emerged between the youth and the people of Ahwah (desires). And I hope that Allaah will benefit with this book and that it will be the reason for those who have involved themselves in problems to return to guidance. And since the emergence of this problem I used to warn against falling into it and I see, marriage with the intent to divorce, to be Haraam and with Allaah is the Tawfeeq and may the Salat of Allaah and His Salaam be upon our Prophet Muhammad and his family and his companions."