Q 12: What is
the ruling on marrying an American Muslim woman with the purpose of getting (Part No. 18; Page No. 447) citizenship then divorcing her?
A:
Temporary marriage is invalid, because it stands for Mut`ah, which is invalid through contextual evidence as well as the consensus of Ahl-ul-Sunnah wal-Jama`ah (adherents to the Sunnah and the Muslim mainstream).
It is recorded in the Two Sahih (authentic) Books of Hadith (i.e. Al-Bukhari and Muslim)
on the authority of
`Aly ibn Abu Talib (may Allah be pleased with him):
that on the Day of Khaybar, the Messenger of Allah (peace be upon him) forbade the contracting of the temporary marriage and [eating] the meat of the domestic donkeys.
According to another narration of the Hadith:
The Messenger of Allah (peace be upon him) forbade marrying women temporarily on the Day of Khaybar.
It is authentically narrated in
the Sahih of
Muslim
that the Prophet (peace be upon him) said,
I formerly permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given them (as Mahr).
Moreover, sexual intercourse under temporary marriage is considered Zina (premarital sexual intercourse); one who gets married this way, being aware of its invalidity, is liable to all rulings of Zina. Marriage is only valid when a man gets married with the intention of keeping the bond of marriage forever if the wife proves to be a good wife and he gets along with her; otherwise he may divorce her. Allah (Exalted be He) said,
The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
Marriage with the pr...
