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Fatwa CenterSham marriage from the point of view of the Sharee’ah
Question
I was divorced more than ten years ago. I used to travel to a daughter of mine living in an Arab country. Is it permissible for me to have a marriage contract with someone (a sham marriage) in order to be able to have a permanent residency in this country and perform Hajj? What is the ruling concerning this type of marriage?
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.
The marriage which Allaah The Almighty loves and approves of is that in which all the required conditions and pillars are fulfilled. In other words, mutual consent, dowry, two witnesses and the woman’s guardian.
The other type of marriage is that in which the conditions and pillars are not fulfilled, and it is invalid. A sham marriage which is concluded for a certain interest and the two parties do not fulfill their duties towards each other, is invalid. There is no doubt that this type of marriage contradicts the purposes for which marriage has been legislated.
Consequently, it is impermissible to engage in this type of marriage; it is even prohibited to do so, because it is not a valid marriage. It is similar to playing than to marriage. Seeking a permanent residency in this country or performing Hajj do not justify entering this prohibited form of marriage.
Allaah Knows best.
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