A Special Marriage Arrangement...
Question
A Special Marriage Arrangement A brother, who is studying now in one of UK universities, is asking about a certain type of marriage. He sent to me a letter, which contains some discussions "in Arabic" between Muslim students who left their countries to complete their studies in UK and then would come back to their countries. The discussion was about a type of marriage as follows: A Muslim student left his country to study in a Western country for five or seven years then would go back to his country. During the study years in the West he was afraid from falling in a forbidden sexual relationship. So he decided to marry a woman in the Western country. His marriage was very normal and according to Islamic Law ( Shari'ah ). But he kept secret in his intention that he would divorce that woman after he complete his study and before he goes back to his country. Is this marriage lawful? Note that he didn't tell any human being about his intention to divorce after completing his study. Isn't this different than Nikah al Mut'ah ? Thanks, Khalid Reply The arrangement can by no means be termed as Mut`ah . Neither is there any basis to consider this arrangement unlawful. Nevertheless, I have a degree of reservation, with reference to this arrangement from the ethical and moral perspective. The fact that the person has resolved to divorce the woman after a certain number of years and that this decision of the person is kept hidden from one of the parties to the arrangement (i.e. the wife), makes the arrangement somewhat questionable from the moral perspective, in my mind. I would feel much more comfortable from the moral as well as the legal perspective, if rather than the stated arrangement, the man and the woman get married, with a clear understanding that if at the completion of his studies, it is neither possible for the man to stay on in the foreign land nor to take his wife along, when he returns to his homeland, then the two shall separate (divorce) in the best of manners. Such an arrangement, as we can see, would not be much different from any normal marriage. As every arrangement of marriage entails an implicit qualification that if, at any time, it becomes difficult to live a smooth life, the couple shall then resort to divorce. Moreover, the fact that the arrangement is not hidden from the wife (one of the parties to the arrangement) makes it more sound from the moral perspective, as well. I hope this helps. Regards, The Learner
Answer
A Special Marriage Arrangement A brother, who is studying now in one of UK universities, is asking about a certain type of marriage. He sent to me a letter, which contains some discussions "in Arabic" between Muslim students who left their countries to complete their studies in UK and then would come back to their countries. The discussion was about a type of marriage as follows: A Muslim student left his country to study in a Western country for five or seven years then would go back to his country. During the study years in the West he was afraid from falling in a forbidden sexual relationship. So he decided to marry a woman in the Western country. His marriage was very normal and according to Islamic Law ( Shari'ah ). But he kept secret in his intention that he would divorce that woman after he complete his study and before he goes back to his country. Is this marriage lawful? Note that he didn't tell any human being about his intention to divorce after completing his study. Isn't this different than Nikah al Mut'ah ? Thanks, Khalid Reply The arrangement can by no means be termed as Mut`ah . Neither is there any basis to consider this arrangement unlawful. Nevertheless, I have a degree of reservation, with reference to this arrangement from the ethical and moral perspective. The fact that the person has resolved to divorce the woman after a certain number of years and that this decision of the person is kept hidden from one of the parties to the arrangement (i.e. the wife), makes the arrangement somewhat questionable from the moral perspective, in my mind. I would feel much more comfortable from the moral as well as the legal perspective, if rather than the stated arrangement, the man and the woman get married, with a clear understanding that if at the completion of his studies, it is neither possible for the man to stay on in the foreign land nor to take his wife along, when he returns to his homeland, then the two shall separate (divorce) in the best of manners. Such an arrangement, as we can see, would not be much different from any normal marriage. As every arrangement of marriage entails an implicit qualification that if, at any time, it becomes difficult to live a smooth life, the couple shall then resort to divorce. Moreover, the fact that the arrangement is not hidden from the wife (one of the parties to the arrangement) makes it more sound from the moral perspective, as well. I hope this helps. Regards, The Learner
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