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Fatwa CenterShe married with the intention of remarrying her ex-husband
Question
A woman was irrevocably divorced, and she wanted to marry another man as a Muhallil (man that is married with the sole intention of divorcing in order to be able to marry the previous husband), but he did not know about her intention. After marriage, she started to show dissatisfaction with marriage and created problems. She continued in this way until she was finally freed by divorce or Khul‘ (divorce in return for a compensation). Is she permitted to remarry her first husband now? Is she guilty for her behavior with her second husband?
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, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
When a woman marries with the intention that her husband is a Muhallil, her intention is ineffective because she does not have the right to divorce. In Al-Mughni, Ibn Qudaamah 
said, “If a condition was made before concluding the marital contract that the husband divorces his wife and he intended to take her as a permanent wife, the marriage contract is valid. That is because the husband did not have the intention to be a Muhallil and the condition is not stated in the marital contract and therefore the contract is valid. It is as if the condition was not made ... when the woman marries with the intention that the husband is a Muhallil or her guardian intends this, but not the husband, this does not invalidate the contract.”
Consequently, it is permissible for the woman to remarry her first husband after divorce from the second and observing the ‘Iddah (post-marriage waiting period). Nevertheless, she is guilty for her behavior with her second husband in raising problems and being disobedient. She is required to regret and turn to Allaah in repentance.
There is a difference of opinion among the scholars of Fiqh regarding the validity of marriage with the intention that the husband is a Muhallil but without stating this in the marital contract. It is stated in the Kuwaiti Fiqh Encyclopedia: “The Hanafi and Shaafi‘i scholars are of the view that marriage with the intention that the husband is a Muhallil, but without stating this in the contract, is valid but disliked according to the Shaafi‘i scholars. When an incident of sexual intercourse takes place between the woman and her second husband, she is permitted to remarry her first one after divorce. That is because the mere intention in dealings is not considered. Since the conditions are fulfilled, marriage is valid and she is permitted to remarry the first husband if she was divorced from the second. This is similar to having the intention of temporary marriage as well as other invalid meanings. The Maaliki and the Hanbali scholars, however, are of the view that marriage with the intention that the husband is a Muhallil is invalid even if this is not stated in the contract. That is because the two parties intended this before concluding the marital contract and therefore it is invalid. The woman is not permitted to remarry her first husband by virtue of that type of marriage. This is to block the means that could lead to unfavorable results. They also quoted the Hadeeth: 'Allaah Curses the Muhallil and the one whom he serves by his being a Muhallil'.”
Allaah Knows best.
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