Marriage with the Intention of Divorce

    

Marriage with the Intention of Divorce 

Question :Is it allowed in Islam to marry a non-Muslim, with the intention of divorce? 

Response: we commend your pursuit of knowledge and your keenness to seek what is lawful and avoid what is not. We earnestly implore Allah to bless your efforts in this honorable way.

First of all it is to be noted that marriage in Islam is a very sacred relationship; it should not be played with. Marriage is a long-life relationship and intention of divorce must have no place at the time of contracting the marriage. In fact, having the intention of divorce at the moment of concluding the contract is not permissible as it goes against the purpose of marriage and a person will be sinful for this intention. This is also because if one has this intention and conceals it then it is a kind of cheating people which is not permissible in Islam. Therefore, the advice for Muslims in general and those staying in the West in particular is either to get married with the intention that marriage is a permanent relationship, or they should be patient and increase their fasting and righteous deeds to protect themselves against Haram.

Here, we'd like to cite for you the Fatwa issued by Sheikh Faisal Mawlawi, Deputy Chairman of the European Council for Fatwa and Research, who states:

"Marriage with the intention of divorce is not permissible. However, if one has this intention at the time of contracting the marriage then the marriage itself is valid but the intention is invalid and corrupt and one should renounce it. I find no reason for this intention as the Shari`ah gives the husband the right to divorce the wife if there is a valid reason for terminating the marriage whether he had this intention to divorce from the very beginning or not.

There is no need for or benefit in this intention and I advise any Muslim living in the West to abide by the Shari`ah rulings and do not have the intention of divorce at all as long as he can end the marriage if there is a valid reason for doing so." 

A Group of Islamic Researchers