First: A valid Islamic marriage has fundamental pillars that, if met, render the marriage valid. While these pillars are not unanimously agreed upon across all Islamic schools of Islamic law, each school has its specific pillars. These pillars are:

• Offer and Acceptance (᾽Ijāb and Qabūl): This is unanimously agreed upon.
• Contracting Parties (the couple): Some schools specify this as the one conducting the contract and the one upon whom the contract is conducted.
• Witnesses: This is generally agreed upon in principle, although there is a difference in opinion regarding the timing of the witnessing. It is a pillar at the time of the contract according to the majority, and a pillar at the time of consummation according to the Mālikīs.
• Guardian (Walī): This is a pillar for the majority but not for the Ḥanafīs.
• Dowry (Ṣadāq/Mahr): This is a pillar for the Mālikīs but not for others.

Each pillar has its own conditions that must be met for it to be considered fulfilled. Some scholars include these conditions within the pillars themselves, considering them inseparable. For example, the condition that the husband must be Muslim or the condition of virginity, which is technically a condition related to the contracted party, not a pillar itself.

Second: The default principle of a marriage contract is that it is a contract of exchange, according to the traditional Islamic jurisprudence. The parties to this exchange are those who will own the benefit and those who will provide it.

Third: The intention (niyyah) in contracts of exchange does not affect the validity of the contract. The intention is relevant for gaining reward or other outcomes.

For instance, if someone sells an item with a valid contract while intending harm, the contract remains valid legally, but they may be punished religiously. Similarly, if someone enters into a contract of exchange with good intentions, the contract remains valid legally, and they may be rewarded or punished religiously [according to his intention].

Therefore, if a man marries a woman, or a woman marries a man, with a contract that fulfills the essential pillars and their accompanying conditions according to a recognized school of Islamic law, the contract is valid regardless of their underlying intentions.

In the case mentioned in the question, the focus is on the fulfillment of the pillars and their necessary conditions, and the intention behind the marriage does not affect its validity. [The intention only plays a role in the realm of reward and punishment by Allāh].

Fatwā issued by Dr. Khālid Naṣr