The Impermissibility of Marriage with a hidden agenda of Divorcing

Question:

There is a wealthy man with four wives and every time he divorces one and marries another without a legislated purpose besides fulfilling his desires.

What’s the ruling concerning this.

Answer:

The fact that a man marries a woman to satisfy his desires in a permissible manner, is not prohibited.

And there is reward for him at the presence of the intention.

Muslim has reported a hadeeth on the authority of Abu Dhar, may Allah be pleased with him, whereby some of the companions said:

“O Messenger of Allah, is there reward for him who satisfies his desires among us?”

Whereby the Prophet ﷺ said:

‏(أرأيتم لو وضعها في حرام أكان عليه وزر‏؟‏ فكذلك إذا وضعها في الحلال كان له أجر‏)

“You see, if he were to satisfy it with something forbidden, would it not be a sin on his part? Similarly, if he were to satisfy it legally, he would be rewarded.”

As for this man marrying a woman while intending to divorce her, after satisfying his desires; then this marriage is differed on by the people of knowledge in regards to its invalidity.

➖It’s called: “A marriage with the intention of divorce.”

And it’s a marriage which its conditions and pillars are outwardly fulfilled, except that the husband hid departure and separation.

And that which is relied upon with the Hanābilah is that they see it to be invalid, whereby they made what’s intended like what’s stipulated, as is the affair in the marriage of Tahlīl (permitting i.e the marriage of a man to a woman, with the intent being to divorce her so she can inturn marry her previous husband and thus making her Halāl for him).

The ‘Allāmah Ibn ‘Utheymīn, may Allah have mercy upon him, said in his “Mandhuma Al-Fiqhiyyah”:

“Like the one who intends to marry for tahleel  ¤¤
And he whose intent is to divorce when he wants to travel“

Similar to how they also lined it with the Mut’ah Nikah (temporary marriage)”

And more than one have relayed from Al-Awzā’ī that its ruling is that of the Mut’ah marriage, and that he said:

“There’s no good in this.”

This is from the angle that lack of permanence is intended; resembling with this the Mut’ah marriage.

And that what’s most correct is that it’s not a Mut’ah marriage because the Mut’ah marriage contains stipulation of a time period from both parties; whereby if this time period finishes the marital agreement is annulled and there is no option for the husband to take her back (without having to perform another marital agreement).

The first doesn’t stipulate this, he only intends this affair and could turn away from this if he desired permanence.

What remains is the affair of cheating and deception; these two take place from this husband to the woman and her family, and the Prophet ﷺ said:

(من غشنا فليس منا)

“Whoever cheats us is not from us”

Nobody would be pleased with this affair to any of his close relatives, so how can one be pleased with this to other than them?!

And the Prophet ﷺ said:

(لا يؤمن أحدكم حتى يحب لأخيه ما يحب لنفسه)

“None of you truly believes until you love for your brother what you love for yourself”

And this affair contains an opening of a disastrous door to playing with the honour of the people, so it’s an obligation to close this door for this to take place.

So the position of impermissibility is drawn forth due to these harms and other than these which have not been mentioned.

And its perpetrator is sinful for his deception and his cheating.
And this is what was declared to be most correct by the ‘Allāmah Ibn ‘Utheymīn, may Allah have mercy upon him.

As for ruling upon the agreement to be invalid; then this does not appear to have what points to this; due to the agreement being valid and all the conditions and pillars being met, and Ibn Qudāmah relayed this from the majority of the people of knowledge in “Al-Mughni”, and he chose the position of permitting it.

And what’s most correct is prohibition as preceded.

Whoever this was known to be the case in regards to his marriages, then it’s not permissible to marry to him, as previously mentioned.

And success is granted by Allah.

Answered by:
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allah preserve him.

Source:
t.me/abouhatem/133

Answered on:
23rd, Saffar, 1438H.

Translated by:
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani