The Ruling on Marriage With the Intention of Divorce

The Ruling on Marriage With the Intention of Divorce


Question :

I want to travel abroad for the purpose of studying; is it permissible for me to marry with the intention of divorcing (her) when I return, without informing them of this intention?


Answer:

There is no sin in that, if he married in the place to which he has traveled and his intention is to divorce her when he wishes to return, according to the majority of the scholars.

Some scholars are undecided in this, fearing that it falls into the category of Nikah Al-Mut'ah, but it is not so, because it is a condition of Nikah Al-Mutah that a certain period of time is specified; he marries her with the intention of divorcing her after a month or two months, that is, no marriage will exist between them after a month or two months. This is Nikah Al-Mutah.

As for unrestricted marriage, there is no (such) condition in it, but his intention is to divorce her when he travels from the country. This does not make it Mut'ah, because he might. divorce her and he might want her. So this is not included in the category of Nikah Al-Mut'ah according to the correct view, which is that of the majority of scholars and the people might be in need of this, because a person might fear temptation for himself. So Allah supplies him with a suitable bride and he may marry her while his intention is to divorce her when he returns, because his country might not suit her, or for other reasons. This does not prevent the marriage from being valid. And, because this intention might be altered, if he wants to keep her, so he may take her to his country, so this intention does not harm him. And Allah is the Granter of success.


Source:
Ibn Baz
Fatawa Islamiyah, Vol. 5 Pages 408-409

Read more:


people
Loading...