Her father stipulated that he should divorce her when the time comes for her to leave the country

 

I have a friend who married a woman who is living in Riyadh with her family, without any documentation of the marriage and without the presence of a Shaykh. There were only three friends of the groom, one of whom appointed himself as a Shaykh and the other two as witnesses in the presence of the bride’s father. The marriage was done without even writing down any contract. This bride will leave the country after a year and a half, and will go back to her own country for good. The groom will divorce his bride at that time. The bride’s father stipulated that the marriage will only last so long as they are in Riyadh, and when they leave, the groom will divorce his bride. 


Question 1: What is the ruling on this marriage? 


Question 2: What is your opinion on what the friends of the groom did?.

Praise be to Allaah.

Firstly: 

If the
marriage is temporary and the specific time limit is mentioned, such as a
month or one year, or until the end of one’s studies or residency, etc.,
then this is a mut’ah marriage and it is haraam and invalid according to the
majority of scholars. It is narrated that there was consensus that it is
haraam. 

Ibn Qudaamah
(may Allaah have mercy on him) said in al-Mughni (7/136): 

“Mut’ah
marriage is not permitted” – what is meant by mut’ah marriage is marrying a
woman for a period of time, such as saying: I give my daughter in marriage
for a month, or a year, or until the end of this season, or until the
pilgrims come back” and so on, whether the period is known or unknown. This
is an invalid marriage. This was stated by Ahmad who said: Mut’ah marriage
is haraam. This is the view of most of the Sahaabah and fuqaha’. Among those
from whom it was narrated that it is haraam are ‘Umar, ‘Ali, Ibn ‘Umar, Ibn
Mas’ood and Ibn al-Zubayr. Ibn ‘Abd al-Barr said: The view that mut’ah is
haraam is held by Maalik, the people of Madeenah, Abu Haneefah among the
people of Iraq, al-Awzaa’i among the people of Syria, al-Layth among the
people of Egypt, al-Shaafa’i and all the ashaab al-athaar. End quote. 

It is not
permissible for anyone to undertake this haraam kind of marriage, or to bear
witness to it. 

The one who
has done that must repent to Allaah and the man and woman must be
separated. 

Secondly: 

There are
other kinds of mut’ah marriage which is where a man marries a woman on
condition that he will divorce her at a certain time. 

The
difference between the two forms is that in the first kind, it is agreed
that the marriage will last for a certain period of time, after which the
marriage will end with no need for talaaq divorce. 

In the
second kind, no specific time period is mentioned, but it is stipulated that
talaaq divorce will be issued at a certain time. 

Ibn Qudaamah
(may Allaah have mercy on him) said in al-Mughni (7/137): 

“If he
marries her on the basis that he will divorce her at a specific time, the
nikaah is not valid.” This means that if he marries her on the basis that he
will divorce her at a certain time, the marriage is not valid, whether that
time is known or unknown, such as if he stipulates that he will divorce her
when her father or brother comes. 

Because this
condition negates the continuation of the marriage, and makes it like a
mut’ah marriage. End quote. 

The Standing
Committee was asked about a man who was travelling far from his homeland and
wanted to marry a woman, and they agreed that he would divorce her when he
went back to his homeland. They replied: 

Marriage
until the husband travels is not permissible, because it is a kind of mut’ah
marriage, because of specifying that the marriage will last until the
husband travels. End quote. 

Fataawa
al-Lajnah al-Daa’imah (18/444). 

Thirdly: 

If the
conditions and pillars of the marriage are met, with the proposal and
acceptance, the consent of both parties, the presence of the bride’s wali
(guardian) and two witnesses, then it is valid, even if it is without
documentation. But documentation is important in order to protect the rights
of both spouses and their children. It does not matter if no official or
judge is present, or if one of the friends carried out the marriage
procedure. 

For more
information on the pillars and conditions of the marriage contract, please
see question no. 2127. 

But the
marriage contract that is done in the manner asked about here is haraam and
is not valid, as stated above. The one who carried out the procedure and the
witnesses have to repent to Allaah from this haraam deed. 

And Allaah
knows best.