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Fatwa CenterTraveler's marriage
Question
I want to know about traveler's marriage. Is there any thing like this in Islam? If so, how is it and what are its conditions? I am 19 years old, living in Belgium, looking for the best way to be sexually satisfied according to the Islamic way. I came to know about this traveler's marriage, or traditional marriage. Actually what are these marriages?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
We do not know of a marriage that is called 'Traveler's Marriage' in Islamic Shariah. There is no difference between getting married while traveling, or being in one's own locality according to all the Muslims. Any marriage has to fulfill the conditions and pillars of marriage.
It could be that the questioner is referring to the marriage of a traveler with the intention of a divorce if he is in a country where he does not wish to reside but he fears he may commit fornication or adultery.
The majority of scholars are of the opinion that it is permissible to marry with the intention of divorce, but this should not be a condition in the marriage contract.
Imam Ibn Qudama, may Allah have mercy on him, said, in Al-Mughni, "If he marries her without a condition, but he has the intention to divorce her after a month, or when he finishes his affairs in that country, then his marriage is correct according to the majority of the people of knowledge, with the exception of Al-Awza'e, who said that it is a temporary marriage"The correct opinion is that there is no harm in it, and his intention is not a problem. It is not obligatory upon the husband to intend to keep his wife. If she is suitable for him, it is all right, otherwise he can divorce her. Allah knows best".
Sheik al Islam ibn Taymiya, may Allah have mercy on him, was asked as mentioned in 'Al-Fatawa Al-Kubra', about a traveler who spends one or two months in each town. He is far away from his wife and fears falling into sin. Is it permissible for him to get married while residing in that town? And if he travels, can he divorce her and give to her right or not, and is this marriage correct or not?
Answer: Yes, it is permissible for him to get married. But he should marry her without setting a condition of a time limit. It should be a general marriage; if he wishes to divorce her, he may do so as well.
However, if he has an absolute intention to divorce her after the end of his travel period, then this is disliked, and there is a difference of opinion as to the validity of this marriage. But if he has the intention that if he travels and he likes her, he will keep her, and if he does not like her he will divorce her, then this is permissible.
But, if he sets a time limit in the marriage contract then this is a temporary marriage which the four imams and other scholars agree it is forbidden.
As regards the U'rfi marriage, if it meets the pillars and conditions of an Islamic marriage, then it is permissible, but if one of the pillars or conditions of marriage is not met then it is invalid.
Allah knows best.
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