The Ruling on Marriage with the Intention of Divorce

Is it Permissible to Marry with the Intention of Divorce? An Islamic Perspective

In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

Question: 

The questioner says: What is the ruling of the one who marries a woman in a Non-Muslim country intending to stay with her for a few months and then divorcing her before returning to his country?

The answer:

In other words, he marries her with the intention of divorcing after a time period. Marriage with the intention of divorce, such a marriage is impermissible for him. If they agree upon it, i.e. that the marriage is for a certain time period, then this has become like Mut’ah Nikkah (Temporary Marriage). And it is not allowed to restrict a marriage to a certain time period, Mut’ah Nikkah is haram according to the consensus of the scholars. 

As for if this matter is in his heart and he did not let the woman know of it, then this is cheating the woman and deception, as the woman got married wanting to stay with her husband. 

And perhaps children may be born, or perhaps she may desire to have children, and he deceives and cheats her by marrying her and then staying for a few days or months before divorcing her. This is impermissible for him. However, if this was to take place then the marriage is correct whilst him being sinful due to his intention. If the marriage takes place then the marriage is correct whilst him being sinful for his intention and sinful for his deception. 

فتاوى فضيلة الشيخ محمد بن حزام الفضلي البعداني حفظه الله وتولاه

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