Shaykh Sulaymān al-Ruḥaylī:
As for the marriage with the intention of divorce then yes, the scholars have differed with regards to it and the majority are upon the opinion that marriage with the intention of divorce is correct. However, that which is apparent [correct] to me – and Allah ﷻ knows best, is the speech of some of the tābiʿīn – “Indeed marriage with the intention of divorce is not permissible.”
This is because it cannot avoid (being of) two circumstances:
- That the woman and her guardian are aware of this intention (of his). So this marriage becomes Mu’ta (temporary marriage).
- That the woman and her guardian are ignorant of this intention (of his). So this becomes a type of fraud and deceit.
And the Prophet ﷺ said – regarding the pile of food which had spoiled due to rain, and the owner of the food had placed the good food on top and the damp (rotten) at the bottom, “Whoever cheats is not from us.”1 So how about the honour of the Muslims which the Islamic Legislation gives great attention to? This is fraud!
Likewise, it involves harming the women. He may have intercourse with a woman who is a virgin and he takes away her virginity while he, from the outset had the intention to leave her. And he does not leave her due to a contingency; rather this was his initial intent. He intended to harm her when having intercourse with her, so [as a result] he damages her.
Subsequently it will have an effect on her. She will hate the students of knowledge – if this man is a student of knowledge, or she will hate the righteous people – if this man is from the righteous. Moreover, it has been authentically reported to us that there are Muslim (women) in the western countries that have apostate due to this. Therefore we say that which is apparent to us – and Allah ﷻ knows best, is that marriage with the intention of divorce is not allowed.
It is sufficient – O brothers, that a person imagines such predicament and how he would not be pleased with it for his daughters or his sisters. So how can he be pleased with it for the daughters of the Muslims?
If a person came to you, wanting to marry your sister with the intention of divorce – even if you did not know (his intentions), and then he divorces her, would you be pleased with this? By Allah ﷻ you would not be pleased. So how can you be pleased with this for the Muslim women? That which is apparent to me – And Allah ﷻ know best, and that which is said by some of the tābiʿīn, is that marriage with the intention of divorce is not permissible.
1 [TN]: The Prophet ﷺ passed by a pile of food and put his hand into it, and his fingers touched something wet. He said, “What is this, O seller of the food?” The man said, “It got rained on, O Messenger of Allah.” He said, “Why did you not put it (the wet part) on top of the pile so that the people could see it? He who deceives does not belong to me.” According to other reports, “He who deceives us is not one of us,” or, “He is not one of us who deceives us.” [Refer to Muslim 102].