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The question

Is it permissible to annul the marriage contract after a specified period in some madhhabs?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a specific duration is stipulated in a marriage contract, then the marriage is invalid by consensus of the imams, because it is a forbidden mut'ah marriage (temporary marriage). Scholars differed regarding the validity of a marriage where one intended divorce after a certain period without a stipulation:

1. The First View (Hanbalis): The marriage is invalid, and this is the correct view explicitly stated by them, due to its resemblance to mut'ah marriage. 2. The Second View (Hanafis, Malikis, and Ibn Qudamah): The marriage is valid, because the intention of temporariness does not affect the validity of the contract as long as it is not explicitly stated. 3. The Third View (Shafi'is): The marriage is disliked (makrooh), because concealing something that would invalidate the contract if stated explicitly is disliked.

The Hanbali view is supported by the argument that this marriage does not differ from mut'ah marriage if the woman or her guardian is aware of it, and if it is without their knowledge, then it is deception.

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Ftawy
Original fatwa ID
45269
Imported
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