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Question
...Marriage (Nikah)Title Is it permissible for a man to do Nikah while already having the intention to give divorce to the woman he is marrying after a while? Question Is it permissible for a man to do Nikah while already having the intention to give divorce to the woman he is marrying after a while? Of course, other conditions of Nikah are fulfilled, i.e. Mahr, Two Witnesses, etc.

Or if both sides, man and woman, have in mind to get divorced after a fixed period of time, is their Nikah valid? Doesn't it resemble to Mut'a or Seegha (Temporary Marriage which was already prohibitted by Mohammad (saw))? They fulfill all the conditions of Nikah, but cannot live for a long time with each other because of some social problems.

Answer [SIZE=2]Nikah is a sacred institution. It is also an act of worship. Rasulullah [sallallaahu alayhi wasallam] said, ‘The person who marries has completed half his faith, he should fear Allah in the remaining half.’ Nikah is also a Sunnah of the Prophets and it should be approached with that spirit. The way of Rasulullah [sallallaahu alayhi wasallam] is our guide. He married and showed us how to conduct ourselves in a marriage. The marriage is also a cause for procreation and has many responsibilities with it.
One should condition his mind with the responsibilities of a marriage before committing to it. If one does not understand the sanctity of marriage and its responsibilities, then that could lead to many social harms. It is precisely for that Rasulullah [sallallaahu alayhi wasallam] condemned divorce and stated that ‘the worst permissible act is divorce’.
It is not permissible for one to enter into a temporary marriage. A marriage is meant to be a lifelong and permanent relationship between the spouses. Rasulullah [sallallaahu alayhi wasallam] said that the greatest love is through marriage between the spouses. How can that be achieved if both the parties enter into a limited marriage. The spouses will not give their fullest unto one another. There can never be an unlimited and unreserved relationship between the two as they know there will be a parting period. They are there to just benefit from one another’s companionship. Nikah Mutaa and Muwaqqat was once permissible in Islam and is abbrogated. The differences between Muta, Muwaqqat and the present concept of temporary marriages differ in the wording of the contract. If a temporary marriage is conducted without any statement of time limit, the marriage will be a permanent one. However, the parties will have to change their intention and be committed to a permanent marriage. They cannot deliberately enter into a marriage with the intention of being temporary partners. If they do so, they will be abusing the sacred institution of Nikah against the purpose it was established for.
and Allah Ta'ala Knows Best
Mufti Ebrahim Desai
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