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Q 3: Some Muslims travel to non­Muslim countries with the aim of study or some other reason. So, is it permissible for the one who travels to such countries to get married to a woman while having the intention of divorce? What is the difference between this and Mut`ah Marriage? I hope that you will clarify this for me. May Allah grant you success!
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Getting married to a woman in a non­Muslim country involves a great harm and grave danger. Moreover, traveling to these countries is only allowed under certain conditions for it exposes one to disbelief in Allah (Exalted be He) and
I am not responsible for any Muslim who stays among polytheists.
other wrong deeds such as consuming intoxicants, adultery and other evils. Therefore, scholars stated that it prohibited to travel to non­Muslim countries.
Staying in non­Muslim countries is extremely dangerous whether it is with the aim of tourism, study, or trade. The students in secondary, intermediate, or university stages who travel to foreign countries to study are particularly in great danger. The country should provide useful study for them inside it and would not allow them to travel to non­Muslim countries to study because of the great dangers this entails.
There is a difference of opinion about getting married while having the intention to divorce; some scholars consider it reprehensible such as Al­Awza`iy (may Allah confer mercy upon him) and a group of scholars who said that it resembles Mut`ah marriage (temporary marriage for a stipulated period). According to them, it is not allowable to marry a woman while having the intention to divorce. However, the majority of the scholars ­ as Al­Muwaffaq ibn Qudamah (may Allah confer mercy upon him) states in His book Al­Mughny ­ hold it is permissible if the man keeps his intention unknown to anyone except his Lord and if there is not a stipulation or condition for the marriage such as to be during the time of study or anything else.
Mut`ah Marriage includes confining marriage to a period such as a month, two months, a year, two years, and so on and agreeing on this between the man and the family of the woman or the woman herself. In this case, it is called Mut'ah Marriage and it is prohibited according to the consensus of all Muslim scholars except Al­Rafidah. This kind of marriage was allowed during the first days of Islam, then its ruling was abrogated and it became prohibited till the Day of Judgment as reported in the authentic Hadiths of the Prophet (peace be upon him).
As we pointed out previously, if a person travels to a country to study or for work as an ambassador or for any other reason that allows him to travel to non­Muslim countries, it is permissible for him to conclude a marriage while having the intention to divorce when he returns if he needs to get married because he fears temptation. However, it is better not to have this intention as a precaution and to escape the difference of opinion of the scholars over this since a husband is not banned from divorce if he sees a benefit in it even if he does not intend divorce upon concluding the marriage.