—without any contrivance, out of regard for the woman’s right to her bridal-gift.”
Hence, if each of the two women is assigned an independent, full dowry, with no artifice involved and with the consent of both women, the contract is valid because no harm is incurred.
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The muḥallil’s ruse. This occurs when a man marries a woman on the condition that, once he renders her lawful for her former husband, he will divorce her, or when he merely intends that purpose without stating it in the contract, or when the two agree to it before the contract. In every one of these cases the marriage is void, for the Messenger of Allah (peace and blessings be upon him) said, “Shall I not tell you about the hired billy-goat?” They said, “Yes, O Messenger of Allah!” He said, “It is the muḥallil; Allah has cursed the muḥallil and the one for whom it is done.” Reported by Ibn Mājah, al-Ḥākim, and others.
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If the marriage contract is made contingent upon a future condition—such as saying, “I marry you when the first of the month arrives,” or, “I marry you if your mother approves”—the marriage does not come into effect, because marriage is a contract of exchange and cannot validly be suspended on a condition.
The same applies if he marries her for a set term, as when he says, “I marry you, and when tomorrow comes I will divorce you,” or, “I have married her for a month or a year.” This time-limited contract is void; it is the so-called nikāḥ al-mutʿa (temporary marriage).
Shaykh Taqī al-Dīn said, “The numerous, mutually corroborating reports are unanimous that Allah, Exalted is He, forbade mutʿa after having once permitted it.”
Al-Qurṭubī said, “All the reports agree that the period during which mutʿa was permissible did not…”