Q 4: I heard a Fatwa (legal opinion issued by a qualified Muslim scholar) issued by you on a tape saying that it is permissible to marry in
a foreign country with the intention of divorce after a certain period, such as at the end of a course or a scholarship. What is the difference between this type of marriage and a Mut'ah marriage (temporary marriage for a stipulated period)? What happens, if the couple has a child, should it be left in a foreign country with its divorced mother? Please, clarify the matter.
A: Yes, this Fatwa was issued by the Permanent Committee under my chairmanship stating the permissibility of marrying with the intention to divorce, if this is between a servant and his Lord. If a Muslim marries in a foreign country with the intention of divorcing his wife upon completing his studies, employment, or anything similar, there is no harm in that according to the majority of scholars. This intention should be between him and his Lord, not a condition in the contract.
The difference between this type of marriage and a Mut`ah marriage is that a Mut`ah marriage stipulates a specific period, such one month, two months, a year, two years, or the like. Once the stipulated period ends, the marriage is annulled. This is the void form of Mut`ah marriage. However, if a Muslim marries a woman according to the laws of Allah and His Messenger (peace be upon him), but in his heart he thinks that he will divorce the woman when his stay at this country ends, there is no harm in that for him. His intention can change, as it is not known and is not a condition stated in the marriage contract but is only known to Allah. There is no harm in that. This marriage is a way of protecting a Muslim from Zina (premarital sexual intercourse) and immorality. This is the opinion of the majority of scholars as stated by the author of "AlMughny", Muwaffaq AlDin ibn Qudamah (may Allah be merciful with him).