The Ruling on Marriage with the Intention of Divorce

There is a difference of opinion among many scholars regarding marriage with the intention of divorce, as the foundation of marriage in Islamic law is permanence and continuity.

However, some have permitted it, and many young people have taken this step. In this article, we will discuss what marriage with the intention of divorce is, its ruling, and the reasons behind it.

The Meaning of Marriage with the Intention of Divorce:

Marriage with the intention of divorce is when a man marries a woman while secretly intending to divorce her after a certain period.

For example: an expatriate who marries with the intention of divorcing his wife when his period of living abroad ends.

Scholars have differed on its ruling; some have prohibited it, while many others have allowed it.

The Ruling on Marriage with the Intention of Divorce:

Permissibility of the Marriage:

Scholars who allow it base their opinion on the fact that the marriage contract is not conditional or written in the contract wording, but the man intends to divorce her after a certain period, when his need is fulfilled or when he leaves the country where he resides or studies.

Among those who permitted it are: Imam al-Nawawi, Ibn Taymiyyah, Ibn Qudamah, Ibn Baz, and Ibn Uthaymeen.

Prohibition of the Marriage:

Some scholars have strictly prohibited it, likening it to mut'ah marriage, because even if the duration is not stipulated in the contract, concealing this intention is considered deception and fraud.

The mere presence of the intention invalidates it, as the Prophet (peace be upon him) said in the noble hadith: "Actions are but by intentions, and every person will have what they intended." The intention precedes the action.

Marriage with the intention of divorce is considered a temporary marriage, which is invalid, as it resembles mut'ah marriage, which is unanimously forbidden.

A valid marriage is one entered into with the intention of continuity if the couple agrees, and divorce is only considered if mutual understanding cannot be achieved.

Among those who prohibited it are: al-Awza'i, and among contemporary scholars, Sheikh Muhammad Rashid Rida (may Allah have mercy on him).

Commentary on the Scholars' Positions:

The disagreement between those who permit and those who prohibit marriage with the intention of divorce is due to the issue of specifying a time limit.

Those who permitted it based their ruling on the legal form of the contract, considering it a valid contract that is not conditional or time-limited. If a time limit is specified, it becomes mut'ah marriage, which is unanimously forbidden.

Those who prohibited marriage with the intention of divorce considered the intention as the foundation of all actions, and the lack of knowledge of the wife and her wali about it.

Reasons for Prohibiting Marriage with the Intention of Divorce:

This type of marriage causes great harm and has been prohibited by some scholars for several prominent reasons:

• It involves deception and fraud against the woman and her wali, as the man secretly intends to divorce the woman after a certain or unknown period, such as the end of his studies. If the woman and her wali knew this, the marriage and acceptance would not have taken place.
• It involves manipulation of the nikah contract, as what is written in the contract does not match the man's real intention.
• There are similarities between it and mut'ah marriage in some aspects.
• It tarnishes the image of Islam and Muslims, as a man might marry a non-Muslim woman, giving a distorted impression of Islam.

Does the Woman's Knowledge of the Man's Intention Make Marriage with the Intention of Divorce Permissible?

If this marriage takes place with the woman's knowledge and the duration is not mentioned in the contract, many have said it is disliked but not forbidden.

However, the correct view is that it is forbidden due to its similarity to mut'ah marriage and the manipulation of the marriage contract by both parties.

The Importance of Marriage and the Need to Avoid Marriage with the Intention of Divorce:

Marriage is a sacred bond and holds a great status in Islamic law. The Qur'an refers to it as a solemn covenant in the verse: "And they have taken from you a solemn covenant."

Marriage brings mercy and affection between spouses, as they are a source of comfort for each other, as Allah says: "And among His signs is that He created for you from yourselves spouses that you may find tranquility in them, and He placed between you affection and mercy."

Therefore, if marriage begins with deception and fraud, it loses its meaning and sanctity. The foundation of marriage and the relationship between spouses is clarity; if the wife and her family knew about this, they would certainly reject such a temporary bond.

In conclusion, we see that marriage with the intention of divorce is not correct; it contradicts Islamic beliefs and diminishes the value and sanctity of marriage, which is the first building block of society. Anyone considering this should reconsider.