AL-ISLAM FATWA BANK – (MARITAL ISSUES)
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
Source: www.al-islamforall.org 1