What is the ruling according to the Hanbalis on marriage with the intention of divorce, if the man knows the contract is void but the woman does not, and what is the status of the woman in this case?
Scholars have differed concerning the ruling on marriage with the intention of divorce:
- The majority of scholars are of the opinion that this marriage is valid and permissible, as long as the husband does not stipulate it in the contract.
- Some scholars, such as the Hanbalis and Al-Awza'i, are of the opinion that the contract is void merely by the husband's intention to divorce after a period of time.
If the wife is unaware of the husband's intention to divorce, there is no sin upon her. However, the ruling of the contract, according to those who invalidate it, does not change because of this, as the criterion is the husband's intention.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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