Fatwa by: Sheikh Muhammad bin Salih al-Uthaymeen (Hafidhahullah)
Question:
A man intends to go abroad as a government representative. To protect his chastity while abroad, he wishes to marry temporarily, intending to divorce the woman afterward, though he does not inform her of this intention. What is the ruling on such an action?
Answer:
Marrying with the intention of divorce can fall into two scenarios:
Some scholars hold that marriage with the intention of divorce is permissible, particularly for foreign students or travelers, as long as no condition is stipulated. They argue that this is different from Nikah Mut'ah, where separation occurs automatically after the set period. In this case, however, the husband may continue the marriage if he so wishes. This view is also one of the opinions of Sheikh al-Islam Ibn Taymiyyah.
Sheikh al-Uthaymeen's View:
I believe this type of marriage is valid and does not constitute Mut'ah, as it does not fulfill the criteria of Mut'ah. However, it is prohibited due to the deception involved, as it deceives the wife and her family. The Prophet Muhammad (ﷺ) forbade deceit. If the woman or her family were aware of his intention, they would likely never agree to the marriage. Similarly, this man would not want someone to marry his daughter with such intentions. This attitude contradicts the values of faith, as the Prophet (ﷺ) said:
"None of you truly believes until he loves for his brother what he loves for himself."
[Sahih al-Bukhari, Hadith 13]
Additionally, some people misuse this practice, traveling abroad solely to marry temporarily. They stay with a woman for a fixed period and then leave. Such behavior involves serious deceit and fraud, and it is crucial to prevent such conduct, especially since ignorance and personal desires often lead people to transgress Allah's limits.
Question:
A man intends to go abroad as a government representative. To protect his chastity while abroad, he wishes to marry temporarily, intending to divorce the woman afterward, though he does not inform her of this intention. What is the ruling on such an action?
Answer:
Marrying with the intention of divorce can fall into two scenarios:
- Stated Condition at Marriage: If he explicitly stipulates at the time of marriage that he will remain married for a specific period (e.g., one month, one year, or until he completes his studies), this constitutes Nikah Mut'ah (temporary marriage), which is prohibited in Islam.
- Concealed Intention Without Condition: If he keeps this intention hidden at the time of marriage without explicitly stating it as a condition, according to the prominent view within the Hanbali school, this is also prohibited and invalid. They argue that a hidden intention is equivalent to a stated condition, citing the Hadith:
"Actions are judged by intentions, and each person will have only what he intended." [Sahih al-Bukhari, Hadith 1]
Additionally, if a man marries a divorced woman with the intention of making her lawful for her previous husband (halala) and then divorces her, such a marriage is considered invalid, even if no explicit condition was stipulated. Similarly, the intention for Mut'ah renders the marriage invalid.
Some scholars hold that marriage with the intention of divorce is permissible, particularly for foreign students or travelers, as long as no condition is stipulated. They argue that this is different from Nikah Mut'ah, where separation occurs automatically after the set period. In this case, however, the husband may continue the marriage if he so wishes. This view is also one of the opinions of Sheikh al-Islam Ibn Taymiyyah.
Sheikh al-Uthaymeen's View:
I believe this type of marriage is valid and does not constitute Mut'ah, as it does not fulfill the criteria of Mut'ah. However, it is prohibited due to the deception involved, as it deceives the wife and her family. The Prophet Muhammad (ﷺ) forbade deceit. If the woman or her family were aware of his intention, they would likely never agree to the marriage. Similarly, this man would not want someone to marry his daughter with such intentions. This attitude contradicts the values of faith, as the Prophet (ﷺ) said:
"None of you truly believes until he loves for his brother what he loves for himself."
[Sahih al-Bukhari, Hadith 13]
Additionally, some people misuse this practice, traveling abroad solely to marry temporarily. They stay with a woman for a fixed period and then leave. Such behavior involves serious deceit and fraud, and it is crucial to prevent such conduct, especially since ignorance and personal desires often lead people to transgress Allah's limits.