To marry a woman with the intention to divorce her
The difference between the Mut'ah marriage and marrying a woman with the intention of divorcing her.
All of the scholars agree that Mut'ah marriage is impermissible. It is haraam. There is no difference of opinion on this matter.
What is Mut'ah marriage?
Mut'ah marriage is that a man marries a woman for money for a specified time period which both agree upon. When the specified period elapses, the marriage is over without the need of divorce. The man is not obliged to provide nafaqah to the woman or any place of lodging. She also does not inherit. The laws of inheritance do not apply to her.
This form of marriage was permissible in the early days of Islaam. Then it was made impermissible. There were some Companions who maintained that it was permissible for a time period. Then they retracted from this opinion of theirs. An Ijmaa occurred that it is impermissible and has remained such until this day.
Ibn Mundhir said: Some of the awaa'il allowed a dispensation in it. Today, we know of no one who allows it except for the Rawaafid. There is no weight for that which opposes the Book of Allaah and the Sunnah of His Messenger (sallallaahu alayhi wa sallam).
al-Qaadi 'iyaadh said: Then all of the people of knowledge agreed that it is impermissible except for the Rawaafid.
What is marriage with the intention to divorce a woman?
This is when a man marries a woman with mahr, witnesses, presence of her wali, makes public the marriage, and fulfills all the 'arkaan and conditions of a valid marriage but keeps inside him the intention that he will divorce her after a certain period of time, after some unspecified time, or after he has completed his studies, etc.
There are different opinions regarding such a marriage
The majority hold that the marriage is valid as all the conditions are fulfilled and there is nothing from saying that it is invalid.
Another group of scholars is of the opinion that such a marriage is impermissible but if contracted, then it is valid and all legislative rules will apply to it such as obligation of the husband to clothe and house his wife. The laws of inheritance which apply to the wife will come into effect when the time comes.
They say that such a marriage is haraam because it involves deception and is playing with the sacred institution of marriage. However, since all the conditions and 'arkaan of marriage are met the validity of the marriage has to be accepted.
That is why Imaam Maalik said:
This is not from the manners of humanity
Imaam al-auzaa'i was of the opinion that this marriage is the same as Mut'ah marriage. He said the marriage is Baatil (void). His evidence is the hadith that deeds are based on intention and this man has entered into a marriage contract which has a stipulation just like in Mut'ah. It is just like a man who marries a woman with the intention of a Mut'ah marriage but does not stipulate that it is a Mut'ah marriage.
Despite the difference of opinion amongst the scholars it is evident that such a marriage is nothing less than deception. No one should indulge is such vile behavior. Allaah knows your intentions. You may hide your intentions from the world but when you make an intention to divorce someone and do not tell them and marry them you have deceived the person. The very fact that you hid it was because you knew the other party would not accept your offer if they knew what you hide.
You deceived them. This is against what Islaam teaches. Those who contract such marriages should be ashamed of themselves.