Marriage with intention to divorce.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
I wish
to know if a person can marry a woman keeping an intension to divorce her later
in life if situations become bad.Will such marraige be valid in the light of
islam?
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
Marriage with
intention to divorce
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none can misguide, and whoever
He allows to fall astray, none can guide them aright. We bear witness that
there is none worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Your
Question: Will such marraige be valid in the light of islam?
The intentions of the hearts are known either to the one
who makes them or to The Lord All-Knowing Alone….thus as long as all the
obligatory conditions of a ‘nikaah’ are appropriately and duely honored,
regardless of whatever intentions the husband might have in his heart regarding
divorce at the time of marriage, the ‘nikaah’ itself will be considered valid
and lawful in the Sight of Shariah Law.
If a person marries a woman with the intention of
divorcing her the next moment or the next day or even later in life…..provided
all the obligatory conditions of a ‘nikaah’ are fulfilled, the marriage itself
would be deemed lawful and valid in Shariah……but obviously such an intention on
the part of the husband would not constitute piety and righteousness in the
Sight of Allah Subhanah.
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan