al-Zawaj bi Niyyat al-Talaq min Khilal Adillat al-Kitab wa al-Sunna wa Maqasid al-Sharia al-Islamiyya

al-Zawaj bi Niyyat al-Talaq min Khilal Adillat al-Kitab wa al-Sunna wa Maqasid al-Sharia al-Islamiyya (Marriage with the Intention of Divorce in Light of Evidence from the Quran, the Sunnah, and the Objectives of Islamic Law) is a legal treatise by the Saudi jurist and academic Salih ibn Abd al-Aziz Al Mansur (d. 1429 AH / 2008 CE), examining the Islamic legal status and ethical implications of marrying with a pre-formed, concealed intent to divorce al-Zawaj bi Niyyat al-Tal…+1.

Background and Thesis

The book addresses a widely debated modern and classical jurisprudential issue: entering into a marriage contract that meets all standard external requirements while the husband harbors an unexpressed intention to dissolve the marriage after a certain period Nataij al-Buhuth wa Khawa…+1. Al Mansur argues that such a marriage is religiously forbidden (haram) and inwardly invalid (batil) in the sight of God Nataij al-Buhuth wa Khawa…+1. He maintains that while the contract may appear formally valid to people, its hidden intent nullifies its legitimacy, and if the husband's intention is known, the spouses must be separated; furthermore, if the husband acted knowingly, he warrants discretionary punishment (ta'zir) Nataij al-Buhuth wa Khawa…+1.

Arguments and Method

Al Mansur builds his argument on textual evidence, legal principles, and the higher objectives of Islamic law (maqasid al-shari'a):

• Violation of the Objectives of Marriage: The author asserts that Islamic law established marriage for permanence, mutual tranquility, building stable families, and lasting chastity, none of which are realized in a temporary union intended for eventual abandonment al-Zawaj bi Niyyat al-Tal…+1.
• Deception and Concealment: The arrangement relies on deceit (ghish) and fraud (khida') toward the bride and her guardians, who would not consent to the marriage had they known the husband's premeditated intention Nataij al-Buhuth wa Khawa…+1.
• Comparison to Prohibited Marriages: Al Mansur compares marriage with the intention of divorce to temporary marriage (nikah al-mut'a) and legalizing marriage (nikah al-tahlil), arguing that it shares their temporary nature and produces even greater societal harm and domestic disruption al-Zawaj bi Niyyat al-Tal…+1.
• Refutation of Permissive Arguments: He counters arguments from proponents who cite fear of fornication or rely on the rule that unexpressed intentions do not invalidate external contracts, arguing that averting harm takes precedence over alleged individual benefits al-Zawaj bi Niyyat al-Tal…+1.

In expanded editions, Al Mansur expanded his engagement with classical authorities, arguing that the principles of Malik ibn Anas necessitate its prohibition, delineating the Hanbali school's dominant stance against its validity, and analyzing the legal methodology of Ibn Taymiyya and Ibn Qayyim al-Jawziyya regarding public interest and the prevention of harm al-Zawaj bi Niyyat al-Tal….

Reception and Subsequent Debates

The treatise received written endorsements from prominent Saudi scholars, including Muhammad ibn Salih al-Uthaymin (in 1413 AH), who praised the work as unmatched in its scope, Salih ibn Muhammad al-Luhaydan (in 1414 AH), and Salih ibn Fawzan al-Fawzan al-Zawaj bi Niyyat al-Tal…+1.

The work was first printed in 1415 AH / 1994–1995 CE by Dar al-Kitab wa al-Sunnah in Pakistan Nataij al-Buhuth wa Khawa…+1. Its publication prompted critical responses in Saudi print media, notably in the newspaper al-Jazirah in 1419 AH, where critics including al-Duba'i challenged his conclusions regarding the consensus and validity of the marriage Mujam Usar Buraydah+1. In response to these critiques, Al Mansur authored a follow-up treatise entitled al-Jawab al-Wadih 'ala Shubuhat man Ajaaza al-Zawaj bi Niyyat al-Talaq (The Clear Answer to the Doubts of Those Who Permitted Marriage with the Intention of Divorce) Mujam Usar Buraydah.