and enjoyment for a specified period. Rather, the meaning of the verse is that, once you have consummated the marriage with them, the wealth you have given them is rightfully theirs, and that the bridal gift becomes binding through enjoyment of one’s wife, even if intercourse has not taken place. The correct view on this issue, therefore, is that temporary marriage is unlawful and invalid.
It remains to be asked: if he intends a temporary marriage without stipulating it—meaning that the husband privately intends that he will marry this woman for only one month, so long as he remains in this town—do we say that it carries the same ruling as temporary marriage, or not? There is a difference of opinion on this. Some scholars say that it is unlawful, and this is the established position of the school, because it is effectively temporary marriage: he has intended it. The Prophet, peace and blessings be upon him, said: “Actions are only by intentions, and every person shall have only what he intended” (1). This man has entered into a time-limited temporary marriage. Just as one who intends to make a woman lawful for her former husband—even if he does not stipulate it—takes the same ruling as one who stipulates it, so too, one who intends temporary marriage, even if he does not stipulate it, takes the ruling of one who contracts a temporary marriage. This is a strong opinion.
Others have said that it is not a temporary marriage, because the definition of temporary marriage does not apply to it. Temporary marriage is to marry a woman for a fixed term, and the consequence of such a time-limited marriage is that, when the term expires, the marriage is dissolved, with neither the husband nor the wife having any choice in the matter. Since the marriage is temporary, the moment its period ends, that woman is no longer lawful for him. Moreover, there is no right of revocation in it, because it is not a divorce; rather, it is the dissolution of the marriage and the woman’s final separation. But does the one who merely intends it bind himself to this when the term expires?