Is it legal in Islam that a man can engage in a marriage with prior "intention for 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:

Asselamaleykum Werahmetulahi Weberakatu,

Dear Brothers,

 
I would like to first of all appreciate for what u r doing on behalf of the Islamic Ummah. and may Allah reward u for your deed.

 
My question is, is it legal in Islam that a man can engage in a marriage with prior "intention for Divorce" for what ever reason it may be, be it he is being forced into it as in some present societies or that he may have other reasons. and will the Nikaah be valid in the deen of Islam.

 
Thank you, and may Allah have mercy on you, and further strenghten your cause.

 

(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:

 

Marry 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.

 

Sahih Al-Bukhari Hadith 1.1  Narrated by Umar bin Al Khattab

I heard Allah's Messenger (saws) saying, "The reward of deeds depends upon the intentions and every person will get the reward according to what he has intended.”

 

The intentions of each person are known to that individual and to Allah Subhanah Alone; but if one fulfills all the obligatory conditions of a Shariah marriage even if that individual intends to divorce his wife later….the marriage itself would be valid in the Sight of Shariah Law……but the person would take upon himself a heinous sin in the Sight of Allah Subhanah.

 

If the person is not interested or cannot honor the marriage for any reason, it would be akin to piety and righteousness on his part that he decline to marry that woman, rather than marry the woman with the intention to divorce her immediately after the marriage…..that indeed would be a sin in the Sight of the Lord Most High.

 

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

 

 

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