Arranging a marriage for pay only to get citizenship
Fatwa No: 89291

Question

I know of a brother who has accepted to "legally" marry a Muslim girl in the US for her to achieve legal status as he is a citizen of the country and she only having visa status. The girl has problems in her home country and will not go back. The brother swore not to meet her throughout this affair in only times where his presence is needed and does not physically contact her or meet while both are alone. She insists on giving him money every month for this "service". How this situation is looked upon in Islam, is the money considered Haraam for the brother to take and is this service he is doing Haraam in the 1st place?

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.

 

It is not permissible for your friend to do the marriage contract in which both the husband and wife do not comply with the rights and obligations they have toward each other. This act is a kind of playing with the rulings of Islam and disrespecting them. Allaah says (what means): {These are the limits of Allaah, so do not transgress them. And whoever transgresses the limits of Allaah- it is those who are the wrongdoers [i.e. the unjust].}[Quran 2:229]

The need of this girl to get the legal status does not make this kind of marriage lawful.

However, if the marriage is carried out fulfilling all the conditions of a valid marriage, and it was free of the condition of not maintaining any relation between the married persons, i.e. the husband and wife, then the marriage is valid. Hence, all the results of a valid marriage take effect such as the lawfulness of having sexual intercourse, being in seclusion, and spending on the wife, etc. However, if the marriage contract included the conditions mentioned in the question, then the marriage is invalid.

As regards the money which the girl wants to give to your friend, it is forbidden money as it is compensation in return for a forbidden act.

Allaah Knows best.

Related Fatwa