Tuesday, September 14, 2004
The Daily Fatwa
For some reason, the Saudis don't seem to share this with us. I can't imagine why-- we're 'Friends' aren't we?
I heard one of your fatawa on audiocassette in which you permitted marriages in foreign countries where the man marries with the intent of divorcing his wife after the termination of his employment or student visa. What, then, is the difference between this type of marriage and an invalid temporary marriage? What should he do if his wife bears him a daughter? Should he abandon her in a foreign country with her divorced mother? I am in need of clarification.
Yes, the Permanent Committee for Scholarly Research and the Issuing of Fatawã, over which I preside, has issued a fatwa permitting a marriage entered into with the intent of divorce as long as this intention remains concealed between the groom and his Lord.
If he married in a foreign country with the undisclosed intent of divorcing his wife upon the completion of his studies or employment, he is not liable according to the majority of scholars.
Furthermore, such an intention is not a pre-condition in marriage [as in the case of temporary marriages], and should remain between him and his Lord. As for the distinction between this type of marriage and temporary marriages, which are unlawful, the latter stipulates an agreed upon period of time, like a month or two, or a year or two. When this period elapses, the marriage becomes nullified. This is an invalid temporary marriage.
There is no liability on one who gets married according to the Sunnah of God and His Messenger while harboring the intention of divorcing upon the lapse of his stay in a foreign country. In the same vein, his intention might change as it was never publicized, nor is it a condition for marriage. Rather, it is between him and God and, therefore, he is not at fault. This type of marriage is a means of preserving him from fornication and lasciviousness.
The majority of scholars maintain this position, as related by the author of al-Mughni, Muwaffiq al-Din b. Qudamah, may God bless him.
Think this is a joke?
It isn't. See it here.