in that town, then divorce her when he leaves and give her what is due to her, or not? And would the marriage be valid?
He answered:
He may marry, but he must enter into a marriage with no fixed term stipulated, so that he may keep her as his wife if he wishes or divorce her if he wishes. If he firmly intends to divorce her when his journey ends, that is disliked in such circumstances, and there is disagreement over the validity of the marriage. If, however, he intends to keep her as his wife upon departing if she pleases him, and otherwise to divorce her, that is permissible.
As for stipulating a fixed term, this is “temporary marriage,” which the four imams and others unanimously hold to be forbidden. Although some permit it, either unconditionally or in cases of necessity, as was the case in the early days of Islam, the correct view is that this permission has been abrogated. As established in an authentic report, after permitting temporary marriage in the year of the Conquest, the Prophet, may Allah bless him and grant him peace, said:
“Allah has forbidden temporary marriage until the Day of Resurrection.”
The Quran forbids a man to have intercourse with anyone other than his wife or a woman he owns, through His words:
“And those who guard their private parts, except from their wives or those their right hands possess, for indeed, they are not to be blamed. But whoever seeks beyond that—then those are the transgressors.”
A woman in a temporary marriage is neither a wife nor a woman whom one’s right hand possesses. Allah has prescribed rulings for wives, including inheritance, a waiting period of four months and ten days following the husband’s death, a waiting period of three periods following divorce, and other such rulings that do not apply to a woman in a temporary marriage. If she were