Marriage with the prior intention of divorcing

Q 12: It has become a widespread custom among young men to travel abroad to get married with the intention of getting divorced when marriage as such is the purpose for which they travel, based on a fatwa in this regard, which many people misunderstood. What is the ruling thereon?

Answer: Getting married with the intention of divorce is a temporary marriage, which is an invalid marriage as it stands for Mut`ah that is prohibited according to the consensus of scholars. Marriage is only valid when a man gets married with the intention of keeping the bond of marriage forever if the wife proves to be a good wife and he gets along with her; otherwise he may divorce her. Allah (Exalted be He) said: The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

Fatwa no. 21140

Marriage to obtain citizenship

Q 12: What is the ruling on marrying an American Muslim woman with the purpose of getting citizenship then divorcing her?

Answer: Temporary marriage is invalid because it stands for Mut’ah, which is invalid through contextual evidence as well as the consensus of Ahl-ul-Sunnah wal-Jamaa’ah (adherents to the Sunnah and the Muslim mainstream). It is recorded in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim) on the authority of `Aly ibn Abu Talib (may Allah be pleased with him): that on the Day of Khaybar, the Messenger of Allah (peace be upon him) forbade the contracting of the temporary marriage and [eating] the meat of the domestic donkeys. According to another narration of the Hadith: The Messenger of Allah (peace be upon him) forbade marrying women temporarily on the Day of Khaybar. It is authentically narrated in the Sahih of Muslim that the Prophet (peace be upon him) said, I formerly permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given them (as Mahr). Moreover, sexual intercourse under temporary marriage is considered Zina (premarital sexual intercourse); one who gets married this way, being aware of its invalidity, is liable to all rulings of Zina. Marriage is only valid when a man gets married with the intention of keeping the bond of marriage forever if the wife proves to be a good wife and he gets along with her; otherwise he may divorce her. Allah (Exalted be He) said, The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

Fatwa no. 19504

 

A man marrying his cousins

Q: Is it permissible for other than the Prophet (peace be upon him) according to the Qur’an to marry one’s cousins, i.e. The daughters of one’s paternal, or maternal uncle or one’s paternal or maternal aunt?

Answer: The Islamic Shari`ah is characterized as being tolerant, all-inclusive and self-explanatory. It always adopts a moderate course between two extremes. It neither prohibits a Muslim from marrying the daughters of his paternal or maternal uncle, nor does it permit him to marry his sister or his niece. Allah (Exalted be He) says: O Prophet (Muhammad صلى الله عليه وسلم)! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridal-money given by the husband to his wife at the time of marriage), and those (slaves) whom your right hand possesses – whom Allâh has given to you, and the daughters of your ‘Amm (paternal uncles) and the daughters of your ‘Ammât (paternal aunts) and the daughters of your Khâl (maternal uncles) and the daughters of your Khâlât (maternal aunts) who migrated (from Makkah) with you

Even though the Ayah is addressed to the Prophet (peace be upon him) himself, the Muslim Ummah (Community) is by means of allusion involved in the process. Basically any instruction addressed to the person of the Prophet (peace be upon him) is also taken as addressing his Ummah unless there exists circumstantial evidence that makes it peculiar to the Prophet (peace be upon him). An example of this is the case of the woman who came to the Prophet (peace be upon him) offering herself in marriage as indicated in the concluding words of the above verse. Allah (Exalted be He) says: …a privilege for you only, not for the (rest of) the believers. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

Fatwa no. 16075

Permanently unmarriageable female relatives

Q9: A woman left her young child in a small village; thereafter, someone took him and raised him as their own son. Later on, when the boy grew up, he unknowingly married his sister. She gave birth to a boy and then the husband discovered that she was his full sister. What is the ruling on this? What is the ruling on the newborn child? Is he considered to be legally born or a son of Zina (fornication and/or adultery)?

Answer: If the case is as you mentioned, that they did not know of the truth of their kinship at the time of marriage, they are excused, but they must be separated from each other. The boy will be attributed to both of them for being born in legal wedlock. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

Fatwa no. 6471

I want to delay marriage (Nikaah) until I finish my studies

Q2: I want to delay marriage until I finish my studies as I am now in the last year of high school. I heard that it is Makruh (disliked) to delay marriage. I can not afford marriage at the proper age. I know a teacher who can afford marriage but he rejects it. What is your opinion? Please answer me, my brothers in Islam, as I am confused. Best regards!

Answer: It is the Sunnah for youth to hasten to get married early if they can afford it. The Prophet (peace and blessings of Allaah be upon him) said, ‘O young people! Whoever among you can afford to get married, let him do so, for marriage would help lower his gaze and keep virtuousness, and whoever cannot afford it, let him fast, for that will be a shield for him. (Agreed upon by Imams Al-Bukhari and Muslim) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.

Fatwa no. 21359