Marriage during a husband's travel period
Fatwa no. 16551 We would like to ask your opinion and advice in regard to the following matter:A 22-year-old Libyan university student has fallen in love with a 35-year-old Egyptian doctor, who is working here in Libya. He is Multazim (practicing Muslim), married and good-mannered. He has three children who are studying in Egypt, but they come to stay with him in Libya during their summer vacation. Until now, according to what he says, he does not know this young woman; he has not even seen her or dealt with her, but she has been very keen to marry him for some time now, even if it is only for a short period. Our friend the doctor refuses the idea of marriage to protect the material and moral stability of his marriage. He fears that by marrying this girl, he will be unjust to his wife, but his refusal causes the young woman many tears. (Part No. 18; Page No. 443) She even suggested that she will bear all the marriage and living expenses, as she is from a good and wealthy family. Please advise regarding the legality of these two suggestions that the young woman has proposed through a mediator:First proposal: She suggests that he marries her secretly in her country, to preserve the stability of his marriage, for as long as he is in Libya. He can then divorce her when his contract ends and he returns to his country, whether that is after one, two, three, or more years - the date of his return is not known yet, as it depends on work conditions. Is this form of marriage Shar‘y (Islamically lawful)? Or is it the Mut‘ah marriage (temporary marriage for a stipulated period) that is declared prohibited by Islam?Second proposal: She suggests that he marries her with the intention of it being conditional, and re-evaluating the situation after a while. If they agree to live together and she wants to travel with him to his country, she will pay a sum of money to his first wife in compensation. If the girl pays the money, they will remain married as long as Allah wills them to, but if she does not pay, she will remain in her country and the marriage will end. Is a marriage contract in this form permissible and valid according to the Shari`ah (Islamic law)?1. Our friend the doctor asked us to seek your Islamic legal opinion on both these suggestions, each in a separate answer.2. He is willing to listen to any other opinions from you to resolve (Part No. 18; Page No. 444) this problem.3. Please advise both the doctor and the young woman.4. Will he be sinful if he does not respond to her strong desire to marry him?5. Would marrying this young woman be an injustice to his first wife, as she is Multazimah (a practicing Muslim woman), and loving and obedient to her husband?May Allah guide you and us to what He likes and pleases! As-salamu ‘alaykum warahmatullah (May Allah’s Peace and Mercy be upon you!)
A: First: The first proposal, which is marrying until the husband travels back home, is not permissible, as it falls under Mut‘ah marriage due to stipulating a time period for the marriage limited by the husband’s return. As for the second proposal, which is to make the continuity of the marriage dependent on evaluating its status; this is not correct either, since the basic ruling of a marriage is to intend for it to continue, and this condition negates it. Second: This doctor does not have to respond to the girl’s request, and he will not be sinful if he does not do so. He may respond to her request, if he sees that there may be a benefit in marrying her, and he does so with the intention of preserving both his and her chastity, raising good children, and continuing the marriage, maybe Allah will reward him for this intention. Third: This marriage would not be an injustice to the first wife, as Allah allows polygyny. Allah (Exalted be He) says (what means): ...then marry (other) women of your choice, two or three, or four (Part No. 18; Page No. 445) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
Islamic ruling on te...
Tags:
