False marriage
Fatwa No: 92326

Question

I was divorced more than 10 years ago and I came to reside with my daughter in an Arab country. So, is it permissible for me to conduct a false marriage contract with someone in order to obtain a permanent residence in this country, and so that I could perform Hajj. Is this marriage forbidden?

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

The marriage which Allaah loves and is pleased with is the real marriage which fulfils the pillars and conditions of a correct marriage, like the consent of the two parties, the dowry, the presence of two witnesses, and presence of the guardian of the bride (or someone authorized by him). As regards the marriage which does not fulfil its pillars and conditions, it is invalid. A false marriage is one of these invalid marriages, which is conducted in order to achieve a worldly benefit, so much so that the two parties do not abide by the obligations and rights to each other.  There is no doubt that this is contrary to the objectives for which marriage is legislated. 

Therefore, it is not permissible for you to go ahead with this false marriage. You are forbidden to conduct this type of marriage, as it is not a marriage rather it is playing around. Wishing to obtain a permanent residence in that country and performing Hajj are not sound reasons that allow you to conduct this false marriage.  

Allaah Knows best.

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