Is not marriage with the intention of divorce—without informing the woman—an injustice to her rights and a reduction of her to a mere means of pleasure, especially since the Muslim woman does not wish to be so? And does the wife's adultery not prevent the continuation of the marriage, even though the prescribed legal punishment for adultery is stoning to death?
The fatwa denied adding the word "unanimously" to it, clarifying that it stated that marriage with the intention of divorce is the view of the majority and quoted Ibn Qudamah. It also explained that this intention could originate from either the man or the woman.
It stated that marriage with the intention of divorce does not involve injustice to the wife; rather, it entails benefits such as chastity and offspring. The husband might also continue the marriage if he finds her companionship good.
It clarified that adultery is not a divorce and does not prevent the continuation of the marriage. Some scholars have held that separation from her becomes obligatory if she commits adultery, taking into consideration that the implementation of the hudud punishment (stoning) naturally prevents the continuation of the marriage.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/131330
- Source platform
- Ftawy
- Original fatwa ID
- 131330
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy