Is marriage with the intention of divorce permissible in Islamic law?
Marriage with the intention of divorce, if the wife does not agree, is permissible and is not among the forbidden marriages with the intention of divorce. As for marriage with the general intention of divorce, there are three schools of thought regarding it: 1. Permissibility: This is the view of the majority. 2. Prohibition and invalidity of the contract: This is the well-known view among the Hanbalis and the Permanent Committee, who considered it a form of forbidden temporary (mut'ah) marriage. 3. Prohibition with the contract remaining valid, but entailing sin: This is the opinion adopted for issuing fatwas by some scholars, as they consider the contract valid due to fulfilling its pillars and conditions, but it is forbidden because it involves deception and trickery.
Regarding whether it constitutes zina (unlawful sexual intercourse) according to those who prohibit it, for those who rule its invalidity, enjoyment from it is not permissible. However, it does not necessitate the prescribed punishment (hadd) due to the presence of doubt (shubha). For those who rule its validity despite entailing sin, the relationship is not zina because the contract is valid, and the effects of a valid contract apply to it.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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