📜 Akad nikah · #38
Is a marriage with the intention of divorcing after a certain period valid?
If the term is not stated in the contract, the majority of scholars hold that the contract is legally valid, but the intention to deceive the spouse is condemned and some scholars forbid it.
This differs from a mutʿah marriage, whose term is stipulated in the contract and which is void. Yet a marriage planned to end in divorce, without the wife's knowledge, runs against the purpose of marriage, namely tranquillity and love, and can wrong women. Most contemporary scholars discourage it. See Siri, misyar & ʿurfi marriages.
This differs from a mutʿah marriage, whose term is stipulated in the contract and which is void. Yet a marriage planned to end in divorce, without the wife's knowledge, runs against the purpose of marriage, namely tranquillity and love, and can wrong women. Most contemporary scholars discourage it. See Siri, misyar & ʿurfi marriages.
Difference among the schools. The Hanbali school (well-known view) and Imam al-Auza'i consider it the same as mutʿah marriage and invalid.
Sources
Surah ar-Rum 30:21Sahih Muslim, Kitab an-Nikah