is merely a statement of fact. It is known that once her waiting period has ended, her marriage is valid.
Thus, making the marriage conditional upon the existence of a condition or the absence of an impediment is valid when the guardian, the husband, and the witnesses all know this.
His statement, “Or, when tomorrow comes, divorce her,” means that he says, “I give you my daughter in marriage on Tuesday night, but divorce her on Wednesday morning.” This is not permissible, because he has set a time limit for it, whereas the Sacred Law has not prescribed marriage as something intended for divorce.
His statement, “Or he sets it for a specified period,” is the general rule: if he sets a time limit for it, the marriage is invalid in every case. For example, if he says, “I give you my daughter in marriage for one month,” or “for two months,” this condition is invalid and invalidates the marriage. This is what is called nikāḥ al-mutʿah (temporary marriage), so named because its purpose is enjoyment only for that period.
Likewise, if he says, “I give you my daughter in marriage for as long as you remain in this country,” or, “for as long as you are studying at the university,” this is not permissible, because it is temporary marriage—whether he restricts it to a particular, defined period of time or to a particular circumstance of the husband.
The rule, then, is that every marriage limited by a circumstance or a period of time is temporary marriage and is not permissible.
Temporary marriage is among the matters concerning which the people of the qiblah—those who affiliate themselves with Islam—differ. It has been narrated from Ibn Abbas that he deemed it permissible in cases of necessity (1): if a person is compelled to enter such a marriage, there is no harm in it. For example, if he is a stranger in a land and fears falling into immorality, and wishes to marry: if he enters into an unrestricted marriage, the bridal gift will be burdensome for him; but if he enters into a marriage