A person before doing sexual intercourse with a woman mutters few words, gives her Mehr, his friends act as witness who are unaware of his intentions, due to which she becomes his wife and is unaware of his intentions. After sex he divorces her and she is wants to be divorced willingly for some reasons. He does the same again and again and so on. What’s wrong with it since he does it with her wife?

Also it’s mentioned in a hadith that a person who does sex with her wife is rewarded by Him. Whatever the intentions, the marriage shall not be null and void. So it’s actually a virtuous deed because at the time of act, she was his wife.

Abu Dhar al-Ghafari reported: The Messenger of Allah (saws) said: there is a reward for you [even] in sex with your wife. The companions asked: O Messenger of Allah (saws) is there a reward if one satisfies his passion? He (saws) said: Do you know that if he satisfies it unlawfully he has taken a sin upon himself? Likewise, if he satisfies it lawfully, he is rewarded.

Is there a Quranic verse or Hadith or an incident occurred in the time of the Prophet that closely relates with this case to do "Islamic reasoning or Ijtihad", in a clear cut way, to prove that he is actually a rapist?

My sole question is, just by muttering a few words saves him the gravity of rape or not?

  • abuse from rules can happen in any system of laws. in non-Islamic marriage this can happen too. this is not problem of Islam. Commented Feb 20, 2014 at 7:13
  • Well after the 3rd divorce he would be haram for her and as it seems you didn't mention a wali, which is required for marriage.
    – Medi1Saif
    Commented Nov 6, 2015 at 11:41

5 Answers 5


In addition to what MAKZ has mentioned about bridal gift (mehr), both man and woman must have the intention that they are going to be married for the remaining of their lives 1.

If either of them is doing this marriage only for a short period, then he/she will be accountable in Allah's court. Of course no one besides Allah and that person knows the true intention of this person's act.

1: In case the couple is divorced, that is acceptable because they did not plan or want it to happen in the beginning.


Adding to previous answers, assuming that the situation arises, the person who did this will NOT be punished for Rape because what he did was under right circumstances in front of everyone, since none knows his true intention but ALLAH he will be punished for doing this on the Day Of Judgement. The moment that person made nikah with a woman she was halal for him. And only Allah Knows true intentions.


One very important thing has been missed so far which is

And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know. 2:230

Couples cannot remarry until the ex-wife marries another man, to ensure that divorce is not taken lightly. She cannot go back to this husband who has divorced her three times, unless she marries another person who out of his own free will divorces her. This rule is given by the Shari'ah to reduce the occurrence of three divorces and to protect the honor of the woman. Nikah halala cannot be done as a condition or intention to make her lawful to her ex-husband. Nikah Halala

Therefore, this act is definitely not accordingly to Islam and it looks the person is committing [fornication (in my own opinion)].

  • I am not sure why this answer was downvoted. It highlights a very important point. A correction: rape is zina-bil-jabr, i.e., sex with someone against his or her wishes with whom sex wasn't lawful; the word to be used here is fornication, i.e., sex, with a partner with whom sex is not lawful, but with mutual consent Commented Jun 3, 2014 at 2:31

I would like to clarify that nikah in Islam is a mutual undertaking.

The man undertakes to maintain the woman, to accept any children born to the woman to be his own, to be responsible for those children as their father, to support those children and for those children to have a share in his legacy after his death.

The woman undertakes to ensure that she maintains a monogamous relationship with the man she is marrying and to be a protector of the man's household, etc.

Just like in a normal contemporary contract, there are witnesses (at least two) to the fact that the man and the woman entered into a marital contract. In the event of a divorce, again, at least two witnesses are required to bear witness to the fact that the marriage has ended.

Upon the end of the marriage (either by death or by divorce), the woman must observe a period of separation from men she is allowed to marry. Essentially, this period is there to flush her system of any sperm from the man so as to ensure that if she enters into a new marriage, the children are certainly from the 2nd husband, rather than the first. In case the woman is pregnant at the time of death of her husband or divorce, then this period of separation continues till child birth.

A further point is that in Islam, intention is very important. For example, when we perform wudu to prepare for prayer, we must intend to perform that wudu. Simply washing ourselves without actually intending for purification in order to pray isn't enough.

For every prayer, we must intend to offer prayer for a specific time and day.

Similarly, when paying zakaat, we must intend to pay the zakaat. Simply giving away equivalent money isn't enough.

During fasting, if one lets even a single drop of water pass down one's throat knowingly, the fast is invalid. On the other hand, one can eat a whole feast inadvertently, and the fast is not considered invalid.

Intention is of primary importance.

If the man intended to marry that woman and they just didn't get on, divorced, couldn't stay apart and remarried (taking into account the rules of halala) and so on, then there is no sin onto them.

Finally, any action performed in obedience to Allah will be rewarded. This includes having intercourse with one's spouse.


Narrated Abdullah ibn Umar:

the Messenger of Allah said: "The most hated of permissible things to Allah is divorce. "

And, willful and playful divorce openly neglects Allah's interest and this is a sin.

The Prophet (ﷺ) said:

There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife.

So although he is not committing rape, he is playing a game with marriage when he marries, divorces, remarries, divorces without any reason other than sexual satisfaction.

In the case where a man does not like his wife, it is recommended in Quran:

And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah makes therein much good.

Then how do you justify a reasonless divorce?

And, to answer some points of your Updated part:

  1. It is haram to marry an adulterer/adulteress(and polytheist)and it is a sin to deliberately disobey ( or mock) a verse
  2. A woman cannot take khula without serious reason
  3. You may make excuse to make what you do look innocent, But Allah knows what you do

And, that is the explanation.


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