Nikahul-Mut‘ah

Prohibition by Hazrat Muhammad (S) (Part 2)

2008-12-28T01:50:00.000-08:00

Most Sunni argue that this hadith unambiguously proves the prohibition of Mut'a. This is mostly due to the hadith being included in the Two Sahihs: Sahi Muslim and Sahih Bukhari, the later being referred to as "The most authentic book after the Qur'an", and some have taunted the Shi'i for ignoring the verdicts (Arabic: fatwa) of Ali himself. However, there are many of those who are not equally convinced. Ibn al-Qayyim, a 14th century Sunni scholar, writes in Zad al-Ma'ad, volume 1, page 183:

In Khayber there were no Muslim women since it was a Jewish settlement and up till then, Muslims were not permitted to marry Ahl'ul Kitab (Jews & Christians). The permission came later on in Surah Mai'da, Muslims were not supposed to contract marriage with Ahl'ul Kitab during the battle of Khayber, and in any case they were not interested in marrying the women of their enemies before Khayber was captured. And after the victory, the ladies were captives or "Mamlookeen" and there was no need to marry them. Concerning the story of Khayber, the companions of the Prophet (S) did not contract temporary marriage with Jewish women neither did the Prophet (S) allow it, and no one mentioned Mut'a during the battle of Khayber, on whether it was permissible or unlawful. Similarly all Muslim scholars unanimously say that Mut'a was permissible after Khayber and they believe that it was cancelled on the Day of Fath Makka. Therefore, it is clear that though this tradition is one of the two strongest amongst all traditions concerning the revocation of Mut'a, it is nevertheless shaky, and cannot revoke a verdict contained in the Qur'an. (See: http://www.answering-ansar.org/answers/mutah/en/chap6.php)

He further says on page 442 of the same book:

If we accept that Mut'a was cancelled on the Day of Khayber then what we are saying is that cancellation occurred twice and this has never happened in religion for sure and will not happen.

Umdat al-Qari Volume 8, page 311 says:

Allamah ibn Barr said that the tradition on the prohibition of Mut'a on the Day of Khayber is wrong.

Irshad al-Sari, Sharh al-Mawahib al-Ladunniyyah of Muhammad al-Zurqani volume 2, page 239, and Sharh al Muwatta volume 2, page 24, Abu Omar's opinion on the prohibition of Mut'a at Khayber are cited:

This is absolutely wrong. Temporary marriage never took place in Khayber.

In Fath al-Bari volume 9, page 145 and Nayl al-Awtar volume 6, page 146, Sunan Baihaqi volume 7, page 201 and Zad al-Ma'ad Volume 1, page 443 Abu Awaanah is quoted as writing in his Sahih:

"I have heard scholars saying that the tradition related of Ali only talked of the prohibition of the eating of the meat of domestic asses and there was no mention of Mut'a, and the tradition is silent on that matter".

Prohibition by Hazrat Mohammad (S) (Part 1)

2008-12-28T01:25:00.000-08:00

There is a total of seven hadith that state that Nikah-e-Mut'a was abrogated. Each of the seven hadith narrates their own occasion, thus resulting in seven different times when it is supposed to have been abrogated.

Ibn al-Qayyim iterates the most common view on when Muhammad is supposed to have forbidden it:

Difference over whether Mut'a is haraam took place at four points.

· Firstly it occurred at Khayber (7 AH), this is the view of a group of 'ulama including Sha'afi.
· Secondly at the time of the victory of Makka (8 AH) as asserted by a group such as Abi Aineah.
· Thirdly, at Hunayn (8 AH) although another claim is that this referred to the Victory of Makka (8 AH).
· Fourthly, The Farewell Pilgrimage (10 AH), as was held by Mu'awiya, but this was a mistake of narrators who confused the Farewell Pilgrimage (10 AH) with the victory of Makka 8 AH"

In the hadith collection of a renowned Sunni scholar Al-Tirmizi, Abdullah Ibn Abbas narrates:

"Temporary marriage was at the beginning of Islam. A man comes by a town where he has no acquaintances, so he marries for a fixed time depending on his stay in the town, the woman looks after his provisions and prepares his food, until the verse was revealed: 'Except to your wives or what your right hands possess.'"

A Hadith by Muhammad bin 'Ali says:

'Ali was told that Ibn 'Abbas did not see any harm in the Mut'a marriage. 'Ali said, "Allah's Apostle forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's meat."Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal." Others said, "The marriage is valid but its condition is illegal."
(See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/086.sbt.html#009.086.091)

Ibn Kathir, a 14th century Sunni scholar, stated in his Tafsir of an-Nisa, 24:

Mujahid stated that, (So with those among them whom you have enjoyed, give them their required due,) was revealed about the Mut'a marriage. A Mut'a marriage is a marriage that ends upon a predetermined date. In the Two Sahihs, it is recorded that the Leader of the Faithful `Ali bin Abi Talib said, "The Messenger of Allah prohibited Mut'a marriage and eating the meat of domesticated donkeys on the day of Khayber (battle). In addition, in his Sahih, Muslim recorded that Ar-Rabi` bin Sabrah bin Ma`bad Al-Juhani said that his father said that he accompanied the Messenger of Allah during the victory of Makkah, and that the Prophet said, (O people! I allowed you the Mut'a marriage with women before. Now, Allah has prohibited it until the Day of Resurrection. Therefore, anyone who has any women in Mut'a, let him let them go, and do not take anything from what you have given them.) Allah's statement, (but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you.) is similar to His other statement". (See: http://64.233.183.104/search?q=cache:pBBUYhiUz4wJ:www.tafsir.com/default.asp%3Fsid%3D4%26tid%3D10829+%22Ma%27bad+al-Juhani%22&hl=en&ct=clnk&cd=21)

Was Mut'a Prohibited in Qur'an

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A narration attributed to A'isha reports:

It has been forbidden in the Qur'an in the words of the Most High: "And those who preserve their private parts except with their spouses or what their right hands possess, then they would have no blame."

This verse is present in two chapters: Al-Maarij (verse 29-31) and Al-Muminun (verse 6). By consensus of Shi'i and Sunni scholars, both verses were revealed in Makka, before the Migration to Madina.
(See: http://www.usc.edu/dept/MSA/quran/maududi/mau23.html, http://www.usc.edu/dept/MSA/quran/maududi/mau70.html, http://www.usc.edu/dept/MSA/quran/maududi/mau69.html)

A narration attributed to Abdullah ibn Abbass reports:

The temporary marriage applied only in the early days of Islam. A man would come to a settlement where he had no acquaintance and marry a woman for the period it was thought he would stay there, and she would look after his belongings and cook for him. But Ibn Abbas said that when the verse came down, "Except before their mates or those whom their right hands possess, for they surely are not blamable", intercourse with anyone else became unlawful.

However, Shi'is reject this view by arguing that the verse mentioned as abrogating mut'a was revealed in Makka, while the verse establishing it was revealed after the Prophet Mohammad (S) had emigrated to Madina. But a verse which abrogates another verse must be revealed after it, not before it. (See: “Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

Sunnis argue that the above two tradition are basically pointing that the quoted verse restricts sexual intercourse to wives and captives, and thus became Nikah-e-Mut'a unlawfull, implying that a woman in a Nikah-e-Mut'a is not a wife. They point out that without question a woman enjoyed through muta is not a slave. Nor is she a wife, for several reasons: If she were a wife, she and her husband would inherit from each other, since God says: ' And for you a half of what your wives leave...' (4:12). But everyone agrees that mut'a does not involve inheritance. If she were a wife, the child would belong to the husband, since according to the Prophet: 'The child belongs to the bed.' But again this is not the case. And finally, if she were a wife, it would be necessary for her to maintain the waiting period, since this is commanded by God (2:234); but this also is not the case (as well).
(See “Temporary Marriage in Islamic Law”, by Schiko Murata, Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

Sunnis, however, agree that Mut'a was practiced till at least 7 AH, meaning that both verses came before the practise was forbidden by Allah.

As for the Sunni claim that a wife by mut'a is not a legitimate wife because she does not fulfill the shari requirements for being a 'wife', the Shi'is consider this claim also to be false. In the question of inheritance, they say, the Qur'anic verse is a general one, and there is no reason to suppose that it may not have certain exceptions. In fact, the specific requirements of mut'a as established by the hadith literature show that mut'a is an exception. They further say that mut'a is not the only exception, since an unbeliever cannot inherit from a Muslim, nor can a murderer inherit from his victim. In short, inheritance pertains to permanent marriage, but even in permanent marriage it has certain exceptions, so that the verse establishing it cannot be interpreted as nullifying mut'a's validity. (See “Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

In a similar manner numerous hadith exist to prove that a wife by mut'a must observe the waiting period. Some of these are even related in Sunni sources. For example, al-Razi himself quotes a relevant saying from Ibn 'Abbas:

Ibn 'Abbas was asked: 'Is mut'a fornication or marriage?' He answered: 'Neither the one nor the other.' The questioner then asked: 'Well then, what is it?' Ibn 'Abbas replied: 'It is mut'a', just as God has said.' The questioner continued: 'Is there a waiting period in mut'a?' He replied: 'Yes, a menstrual period.' 'Do the husband and wife inherit from each other?' He answered: 'NO.'

(See “Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

Further more the Shi'is view the traditions by the prophet Mohammad (S) as forbidding Nikah-e-Mut'a [which appear in portion on Prohibition by Mohammad (S) ] to be a forgery, arguing that there is a consensus that Nikah-e-Mut'a was practiced long after the revelation of these verses. Shi'i also argue that Hazrat Muhammad (S) would not verdict anything that would go against the Qur'an, hence he would not sanction Nikah-e-Mut'a if it has been previously forbidden by a Qur'anic verse. Thus, Shi'i conclude that the mentioned verses can not possibly imply that Nikah-e-Mut'a is forbidden, specially considering that the verse sanctioning it was revealed in 7 AH. In proving their point of view they often quote Sunni Scholars, for example, Mahmud al-Alusi, a 19th century Sunni scholar, writes in Ruh al-Ma'ani Volume 9, page 10, regarding this verse:

This verse is Makkan and descended before the Hijrah (migration), since Mut'a was halaal after the Hijrah, it is difficult to advance this as evidence of the illegality of Mut'a.

Waheed uz-Zaman, a 20th century Deobandi scholar, puts in Lughath al Hadeeth Volume 5, page 9:

Mut'a existed at the outset of Islam and this is a proven fact, when this verse descended 'And those who preserve their private parts except with their spouses or what their right hands possess ' it became haraam. This may lead to objections being raised because the verse is Makkan and the practise of Mut'a afterwards is an established fact. (Also see Tayseer al Bari Sharh Bukhari, by the same person).

Sayyid Abul Ala Maududi, a 20th century Sunni Islamic scholar writes in his discussion of the verse of Surah Mu'minun:

Some commentators have proved the prohibition of Mut'a (temporary marriage) from this verse. They argue that the woman, with whom one has entered into wedlock temporarily, can neither be regarded as a wife nor a slave girl. A slave girl obviously she is not, and she is also not a wife, because the legal injunctions normally applicable to a wife are not applicable to her. She neither inherits the man, nor the man her; she is neither governed by the law pertaining to 'iddah (waiting period after divorce or death of husband), divorce, sustenance nor by that pertaining to the vow by man that he will not have conjugal relations with her. She is also from the prescribed limit of four wives. Thus when she is neither a 'wife' not a 'slave girl' in any sense, she will naturally be included among those 'beyond this', whose seeker has been declared a 'transgressor' by the Qur'an.

This is a strong argument but due to a weakness in it, is difficult to say that this verse is decisive with regard to the prohibition of Mut'a. The fact is that the Holy Prophet (S) enjoined the final and absolute prohibition if Mut'a in the year of the Conquest of Makkah, but before it Mut'a was allowed according to several authentic traditions. If Mut'a had been prohibited in this case, which was admittedly revealed at Makkah several years before the migration, how can it be imagined that the Holy Prophet kept the prohibition in abeyance till the conquest of Makkah.
(See: http://www.answering-ansar.org/answers/mutah/tafheem_ulquran_v8_p12.jpg)

However, the Shi'i believe that the above argument is also not strong. Firstly, note that his definition of Nikah-e-Mut'a does not match the Shi'i definition as according to the Shi'i definition the women are required to observe the iddah "waiting period" before she can marry anyone else. Furthermore, there are several other similarities between Mut'a and Nikah e Daaimi. And as the verse orders to preserve their private parts except with their wives or slaves, and Shi'i believe that the women with whom one does Mut'a are also his wives, but for a fixed period of time, hence they are included in the allowed women. Same belief is held by Al-Zamakhshari, a 12th century Hanafi scholar, who writes in Al-Kashaf Volume 3 p. 76, and commentary of Surah Mu'minun Volume 6:

If the Quran is raised that Surah Mu'minun verse 6 is proof that Mut'a is haram, then we will reply that this verse does not prove Mut'a is prohibited, since women in Nikah-e-Mut'a are also wives.

Shabbir Ahmad Usmani, a 20th century Sunni scholar, writes in Fath al-Mulhim Sharh Muslim Volume 3, page 440:

Nikah-e-Mut'a was a lesser type of marriage that was Mubah and then made haraam in general terms, when this type of Nikah brought no benefits - Talaq, inheritance or other rights were not proven as was the case with (standard) Nikah. Although from one angle this is also a type of Nikah, women in Mut'a were 'Zawaaj Naqsa' which is why their rights were not established, as was the case until Allah revealed the verse 'except with their wives or those [women] whom their right hands possess'. This verse does not make Mut'a unlawful / batil, Mut'a women can also come within the definition of wife in some respects, as we've proven Mut'a is applicable in such circumstances as a means of separating oneself from Zina. How can it be advanced that this verse proves the illegality of Mut'a, the verse is Makkan and according to our knowledge no scholar has claimed that Mut'a was prohibited before Khayber, although different views have been aired amongst scholars over the prohibition after Khayber.

In Tafseer Kabeer: "The verse of Mut'a appears in the Qur’an; no verse has come down to abrogate it."

Initial Practice & Legality of Mut'a

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There is a consensus among Shi'i and Sunni scholars that Nikah-e-Mut'a was lawful during Hazrat Muhammad’s (S) era. Ibn Kathir writes:

"There's no doubt the in the outset of Islam, Mut'a was allowed under the Shari'ah".

However, there is a small disagreement on how long these periods were, how frequent, or if they were legal all the time. In either case, all scholars agree based on the hadith that Hazrat Muhammad (S) even told people to engage in the temporary marriage, something of which Shi'is are notable, since Hazrat Muhammad (S) never told people to drink alcohol, thus arguing that the marriage form cannot be deemed immoral.

According to Sachiko Murata, a scholar of Theology from Tehran University:

At that time (the time of revelation of verse 4:24) the men of Medina used to 'seek enjoyment' from women for a limited period of time in exchange for a specified sum of money. By its revelation this verse (4:24) in effect confirmed an existing situation; and it emphasized that men must fulfill their promises concerning the agreed upon sum.
(“Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

Waheed uz-Zaman, a Sunni Deobandi Islamic scholar writes:

One the topic of Mut'a, differences have arisen amongst the Sahaba, and Ahl'ul Hadith, and they deemed Mut'a to be permissible, since Mut'a under the Shari'ah was practiced and this is proven, and as evidence of permissibility, they cite verse 24 of Surah Nisa , as proof. The practice of Mut'a is definite and there is ijma' (consensus) on this and you can't refute definite proof by using logic.

Al-Qurtubi, a 13th century Sunni scholar, in his “Tafsir al-Qurtubi” Volume 5, page 32, in the tafsir of Surah an-Nisa:

All the early scholars have no disputes that Mut'a is Nikah for a set period of time, this Nikah has no inheritence and man and woman separate when the time expires.

Sachiko Murata quotes Allama Fakhr-al-Din al-Razi, an 11th Century, Sunni theologian, from his “Tafsir al-Kabir” as saying:

…mut'a was at first permitted. The Prophet made a 'lesser pilgrimage' ('umra) to Mecca, and the women of Mecca made themselves up especially for the occasion. Some of the Companions complained about their long separation from their wives, and the Prophet replied: 'Then go and enjoy (istimta') these women.'
(“Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

A narration attributed to Abdullah ibn Mas’ud and Jarir says:

We were on an expedition with Allah's Messenger (S) and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and 'Abdullah then recited this verse: 'those who believe do not make unlawful the good things which Allah has made lawful for you, and do not transgress. Allah does not like trangressers" (al-Qur'an, v. 87).

(See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/008.smt.html#008.3250, http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/060.sbt.html#006.060.139)

In Sahih al Bukhari, Volume 2, page 774, (Printed, Karachi, Muhammad Saeed and Sons) The Urdu translation of this narration translated the order of Muhammad as "Go and find a woman that agrees and marry her for a few days” This very tradition has also been recorded on the authority of Ibn Abbas in Musnad Ahmad ibn Hanbal Volume 7, page 93.

Also, just after this hadith Sahih Muslim narrates another Hadith which is very notable:

This hadith has been narrated on the authority of Isma'il with the same chain of transmitters (and the words are):" We were young, so we said: Allah's Messenger, should we not have ourselves castrated? But he (the narrator) did not say; we were on an expedition." (See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/008.smt.html#008.3245)

If this hadith is ‘Sahih’ then it is giving an impression that Mut'a was not only allowed if one is away from home but also if he is young and cannot control his emotions due to immaturity.

A narration attributed to Jabir ibn Abdullah and Salama ibn al-Akwa reports:

While we were in an army, Allah's Apostle (S) came to us and said, "You have been given permission to do Mut'a, so do Mut'a" Salama bin Al-Akwa' said: Allah's Apostle (S) said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general.

(See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/062.sbt.html#007.062.052)

Shi'i often use it to stress that Muhammad actually is quoted ordering people to "do Mut'a", arguing that this rends the argument of the practice being immoral incompatible with the view of Muhammad being a divine prophet. Also noteworthy, Muhammad Muhsin Khan in his “The Translation of the Meanings of Sahih Al-Bukhari” choose to translate the quote to “You have been allowed to do the Mut'a (marriage), so do it”.

Ibn Hajar Asqalani, a 15th century Shafi`i Islamic scholar, writes:

Mu'awiya contracted Mut'a with a woman from Ta'if and this narration carries a sahih chain. When Mu'awiya arrived in Ta'if, he performed Mut'a with an unnamed slave belonging to Banu Hazrmee called Ma'ana, Jabir states that remained alive throughout Mu'awiya's reign, and he gave her yearly stipends every year.

Multiple sources state that Asma bint Abu Bakr, the daughter of Hazrat Abu Bakr (RA), was engaged in a Nikah-e-Mut'a with Zubayr ibn al-Awwam, whom the Sunnis regard as one of The Ten Promised Paradise. This union is said to have resulted in several children.

Abd ar-Razzaq, a 9th century Sunni Islamic scholar, writes:

A beautiful Iraqi women resided in Makka, Saeed bin Jabeer Jubayr intended on visiting her, I asked why he spend so much time with the women, he said 'he had performed Nikah-e-Mut'a with the women, and that Nikah-e-Mut'a was more Halal than drinking water."

Qur'anic Origin of Nikah-e-Mut'a (Part 2)

2008-11-18T12:53:00.000-08:00

Tafsir (Explanation) of Parts of the Verse

The word "اسْتَمْتَعْتُم"

The phrase those whom you profit by, in Arabic istamtaˤtum bihi, has the same root as Mut‘a, that is, MTĦ. The word is usually translated in its general meaning as "those whom ye seek content" or "they whom you have enjoyed". If the word was translated as an Islamic term, the translation would be: "They with whom you have made Mut'a", or "They whom you have married for a fixed time".

Muslims differ on what is meant by Mut'a here, and which judgment the verse gives about it. Generally, Shi'i Muslims tend to believe that Mut'a here refers to the temporary marriage, and that this verse permits it.
Among the Sunnis, different view exists. Some Sunnis do not believe that this verse refers to the Nikah-e-Mut'a at all. This view was favored by Suyuti. Other Sunnis agree that the verse refers to the temporary marriage, but disagree that the verse permits it. This view was favored by Ibn Kathir.

According to Sachiko Murata, a scholar of Theology from Tehran University:

In Medina this custom was looked upon as one kind of temporary marriage and was referred to by the term istimta', the same word employed in the Qur'anic verse-even though the literal meaning of the word is 'to seek benefit' or 'to take enjoyment'. Hence the meaning of the Qur'anic verse must be understood in terms of the conventional usage of the time, for as is well known in the science of Qur'anic commentary and Islamic jurisprudence, the Qur'an follows the conventional usage of the people in all statutes and legal prescriptions. If someone wants to understand a word in the Qur'an in other than the conventional meaning of the time, he must supply a strong reason for doing so.

(“Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

There are many sayings have been related from the Companions of the Prophet (S) and those who followed them (al-taibi'un) confirming the Shi'i view that verse 24 of this chapter concerns mut 'a. Several of the companions, including Ibn 'Abbas, the ancestor of the 'Abbasid caliphs, Ibn Mas'ud, one of the first to accept Islam, and Ubayy b. Ka'b, one of the scribes of the revelation, hold that three words have been dropped form this passage in the Qur'an and that the original version read: 'So those of them whom you enjoy to a specified term (ila ajal musamma).' Although Shi'is do not believe that Qur'an that we read today has altered,this clearly indicates the view of these renowned salaf that the verse refers to mut'a. (See “Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

Tabari in his Tafsir al-Kabir under the verse 4:24 mentions a narration from Abu Nadhra:

I asked Ibn Abbass about temporary marriage (Mut'a of women). Ibn Abbas said: "Do you not read 'for whatever you enjoyed (Istamta'tum) them by the contract to an appointed time?" I said: "If I would have read it this way, I wouldn't ask you (about temporary marriage)!" He replied: "Certainly the verse is about it."
Tabari continues to say that Ubay Ibn Ka'ab also knew that tafsir.

(See: http://al-islam.org/encyclopedia/chapter6a/1.html)

Furthermore, Sachiko Murata writes in his thesis:

In the…verse 4:23 the Qur'an enumerates the women who are forbidden to men. These are divided into seven kinds stemming from blood relationship and seven more stemming from other causes: 'Forbidden to you are your mothers and daughters...’ The next verse (4:24) adds a fifteenth category of women forbidden to men: 'And wedded women, save what your right hands own.' It continues with the words…: 'Lawful for you is what is beyond all that.' In other words, any woman not belonging to one of the fifteen categories is permitted, whether by marriage or ownership.

Next the verse states: 'that you may seek, using your wealth, in wedlock and not in license.' Grammatically, this clause is in apposition to 'what is beyond all that.' It explains the legitimate mode of seeking sexual relationships with women, whether as the result of marriage or the purchase of slaves.
The next part of this same verse states as follows: 'So those of them whom you enjoy, give them their appointed wages.' The word 'so' (fa) shows that this part of the verse is the conclusion reached by the previous words. This section is either part of the previous subject matter, or an example of it; in other words, its relation to the previous section is either that of the part which is completing the whole, or the particular example to the universal principle. And since the previous section deals with the different kinds of legitimate sexual relationships, either by marriage or the purchase of slaves, we can conclude that this section of the verse is the exposition of a further kind of marriage, not mentioned previously; a kind which requires that the man pay the wages of his wife.

(“Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

Sachiko Murata goes on to say:

In Majma' al-bayan, al Tabarsi, the famous Shi'i commentator of the Qur'an summarizes the Shi'i arguments: the word 'enjoy' in this verse refers to the marriage of mut'a, i.e., a marriage for a specified dower and a determined time period. This opinion has been related from Ibn 'Abbas and many of the 'followers' of the Companions such as Isma'il b. 'Abd al-Rahman al-Suddi (d. 127/744-45) and Sa'id b. Jubayr al-Asadi (95/713-14). In fact, this clearly must be the case, for although the words istimta' and mut'a have the literal meaning of 'enjoyment', in the language of the shari'a they refer to the contract of temporary marriage, especially when they are followed by the word 'women'. Hence the meaning of the verse is: 'Whenever you draw up a contract of mut'a with a woman, you must pay her, her wages.'

(“Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

The Word “أُجُورَهُنَّ”

The phrase "give them their dowries as appointed" is "bihi minhunna fātūhunna ujūrahunna farīzatan". "'Ujūrahunna" is derived from ajr "compensation/payment". This is in contrast to the verse on the subject of Nikah (Nikah e Daaimi), verse 4:4. It states:

(Shakir): "And give women their dowries as a free gift..."

The word translated in 4:4 as "dowries" is "saduqātihinna". It is not the same word as used in 4:24, although it is often translated as such. In fact, 4:4 refers to "dowries" while 4:24 refers to "compensation, payment". Furthermore, 4:4 says "dowries as a free gift", while 4:24 says "dowries as appointed". However, this should only be taken as a difference between the Nikah e Daaimi verse of 4:4 and the Nikah-e-Mut'a verse of 4:24 and it does not constitute a proof that "ujūrahunna" refers to only Nikah-e-Mut'a, since the same word is used in verse 33:50 when referring to Nikah e Daaimi.

After what is appointed “الْفَرِيضَةِ بَعْدِ مِن بِهِ تَرَاضَيْتُم”

The section "and there is no blame on you about what you mutually agree after what is appointed" refers to prolonging the marriage or making it permanent, something which is mustahab "recommended". If this doesn't occur, the wife must observe the Iddah, making it impossible for a woman to engage in a Nikah-e-Mut'a, and have sexual intercourse with more than six partners per year, assuming a menstruation cycle of 20 days.

Tabari in his Tafsir al-Kabir under the verse 4:24 mentioned a Tafsir Qudsi, a narration attributed to Abu Nadra says:

Ibn Abbass recited the verse 4:24 with the addition of "to an appointed time". I said to him: "I did not read it this way." Ibn Abbass replied: "I swear by God, this is how God revealed it," and Ibn Abbass repeated this statement three times."
(“Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

Qur'anic Origin of Nikah-e-Mut'a (Part 1)

2008-11-18T12:41:00.000-08:00

Some Muslims believe that this institution was established by God through Muhammad (S) in the Qur'an. Its single mention in the Qur'an is verse 4:24.

The Qur'an, chapter 4 (An-Nisa), verse 24

The verse can be broken into three parts:

And (also forbidden are) all married women except those whom your right hands possess (this is) Allah's ordinance to you,
and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication.
Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely Allah is Knowing, Wise.
— translated by M. H. Shakir

According to Sachiko Murata, this verse was revealed towards the beginning of the Prophet's stay in Medina. (See: http://www.al-islam.org/al-serat/muta/5.htm) However, According to Sahih Muslim the event of revelation was during the battle of Hunayn in 9 AH (631 CE).

According to Answering-Ansar.org, the first part of the verse is a continuation from the previous verse. The middle part states that the non-mentioned women are lawful, provided that the criteria for marriage are fulfilled. The last part of the verse addresses Nikah-e-Mut'a, and therefore is the entire verse known as "the verse of Mut'a". (See http://answering-ansar.org/answers/mutah/en/chap3.php)

Ibn Kathir, a 14th century Sunni Islamic scholar writes in his Tafsir al-Qur'an al-Azim:

Allah said: "(Also (forbidden are) women already married, except those whom your right hands possess.) The Ayah means, you are prohibited from marrying women who are already married, (except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah was revealed: "(Also (forbidden are) women already married, except those whom your right hands possess). Consequently, we had sexual relations with these women."

This is the wording collected by At-Tirmizi An-Nasa'i, Ibn Jarir and Muslim in their Sihah. (See: http://64.233.183.104/search?q=cache:pBBUYhiUz4wJ:www.tafsir.com/default.asp%3Fsid%3D4%26tid%3D10829+%22Ma%27bad+al-Juhani%22&hl=en&ct=clnk&cd=21)

The second part is often referred to in the Muslim controversies related to Nikah-e-Mut'a by Salafi Sunnis to mean that Nikah-e-Mut'a is forbidden, since this verse demands chatiry, implying that Nikah-e-Mut'a is immoral. (See http://answering-ansar.org/answers/mutah/en/chap4.php)

Tabari in his Tafsir writes under this verse a hadith from Mujahid the phrase "Then give those of these women you have enjoyed the agreed dower" means the temporary marriage (nikah-e-mut‘a). Sunni Scholars, however, say 4:24 does not permit temporary marriage. The refutation of this is the fact that prior to this Allah mentions the women whom a man is forbidden to marry, then he mentions what is permissible for him, and He commands the man to give to the woman he marries her mahr. Shaykh Munnajjid, a Shi'i scholar, argues that is not relevant because the individual verse permits Istamta'tum by means of contract. The preceding and anteceding verses give the guidelines as to who is permissible to marry.

Difference of Opinion on Nikah-e-Mut'a (Part 2)

2008-11-18T12:28:00.000-08:00

Shi'i View

According to Usuli Shiah scholars Mut'a is a valid marriage. Muslims in countries that permit Nikah-e-Mut'a, such as Iran, have varying views on this form of marriage, depending on how it is used. Some practices are viewed as being more legitimate, while others are viewed as irresponsible.

The Shi'i argu that several narrations exist that prove the use of Nikah-e-Mut'a during the time of Hazrat Abu Bakr (RA), since Hazrat Umar (RA) had not yet come to power. Shi'is are of the belief that Hazrat Umar (RA) made the prohibition in his third year of rule, in 16 AH (637 CE).

Twelver Shi‘ah believe no hadith has the right to abrogate the Quran, so even if a seemingly authentic hadith was found that forbade something the Quran enjoins, Salat for example, the hadith would be ignored, since it is the first step in the Shi‘ahh Hadith authentication process: If a hadith does not agree with the Quran, it is discarded without further inquiry, and it is believed to be fabricated.

A typical Shi'i answer to the Sunni regarding the pillars of marriage (shown above) runs as follows: First, the Qur'anic verse (23:1-7) is a general statement, and there is no reason why its specific applications may not be clarified by other verses and hadith. Second, it is not true that the above things are concomitants of marriage: there is no inheritance in the case of a non-Muslim wife, a murderer, or a slave-girl. A legitimate sexual relationship may be dissolved without divorce in the case of a wife who is the subject of a sworn allegation, a spouse who leaves Islam, or a slave-girl who is sold. Sworn allegation, forswearing, and zihar are all concomitants of permanent marriage, not of legitimate sexual relationships in general (i.e., they do not apply to sexual relationships with a slave). If we suppose that some proof is found-in the form of a Qur'anic verse or a hadith-demonstrating that these things do in fact pertain to legitimate sexual relationships, then it will be necessary to specify that there are certain exceptions. This is the only way we will be able to combine the Qur'anic verses and the hadith which show that these pertain to legitimate sexual relationships with those hadith which demonstrate that they do not pertain to mut'a. (See: “Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

In proving their point of view Shi‘is often quote Sunni scholars with beliefs similar to theirs. The Sunni have concluded that a large number of notable Salaf verdicted Nikah-e-Mut'a to be legal after Muhammad’s (S)'s era.
In the words of Fakhr al-Din al-Razi, a 13th century Sunni Shafi'i Islamic scholar:

Amongst the Ummah are so many great scholars who deem Mut'a to have been abrogates, whilst other say that Mut'a still remains. Ibn Kathir, a 14th century Shafi'iIslamic scholar, writes:

Ibn Abbas another Sahabi said that Mut'a can be utilized when needed; Ibn Hanbal also narrated the same.

We read in Gharab al Quran:

The people of Faith are in agreement that Mut'a is halaal, then a great man said Mut'a was abrogated, other than them remaining scholars, including the Shi‘ah believe Mut'a remain halaal in the same way it was in the past. Ibn Abbas held this viewpoint and Imran bin Husain.

Molana Haqqani, a sunni scholar, says in his tafsir, Tafsir-e-Haqaani:

Some Sunni scholars deem Mut'a permissible, in the same way the Sahaba Ibn Abbas and Imran bin Haseen deemed it permissible.

A narration attributed to Ali bin Yaqtheen in Furu al-Kafi Volume 5 page 452 (Tehran printed edition, 1391 Hijri) reports:

Hazrat Imam Mosa Kaazim (AS) was asked about Nikah-e-Mut'a, he replied 'Why do you, when you with the blessing of Allah (SWT) have a wife at your side? He (Ali) replied 'No I just want to know'. Imam Mosa Kaazim (AS) replied 'The permissibility is present within the Book of Allah (SWT)'.
(See

http://answering-ansar.org/answers/mutah/en/chap4.php)

The Hanfi Sunnis believe that Muslims can perform a type of marriage called misyar. While they do not believe misyar is comparable to Nikah-e-Mut'a because the difference is that the Mut'a marriage is based on a contract with a fixed date of expiry. In contrast, the Misyar marriage is marrying a woman who lives in foreign country often visited by the husband for prolonged periods of time and that the marriage is treated as a regular marriage so there is no specified date for the marriage to end.

Twelver Shi'idismiss the view of Nikah-e-Mut'a being immoral since it can be used as a cover for prostitution as equally unfounded as Nikah e Daaimi being immoral since it can be used as a front for prostitution.

Shi'is believe that Mut'a cannot be compared to drinking intoxicants, since that was never encouraged by Hazrat Muhammad (S), and even so, nothing in Islam have ever been "made halal, then haram, then halal, then haram forever" like how Nikah-e-Mut'a was supposedly done.

Shi'i have written rebutals against Yusuf al-Qaradawi and Islamic Voice Magazine's historical arguments
Shi'I believe that Hazrat Umar ibn al-Khattab (RA) abolished it. He did it during the third year of his reign, 15 ah (637 CE), 6 year after the revelation of vers 4:24, in the Hadith of Umar's (RA) speech of forbidding Mut'a, but since he had no authority to do so, Umar's (RA) prohibition seems to be temporary and place specific, hence may be ignored.
(See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/007.smt.html#007.2801, http://al-islam.org/encyclopedia/chapter6a/2.html)

Difference of Opinion on Nikah-e-Mut'a (Part 1)

2008-11-18T12:13:00.000-08:00

As explained elsewhere in this blog the topic of Nikah-e-Mut'a is a very controversial issue in the Muslim world. Twelver Shi'i deem it as a blessing revealed in the Qur'an intended to make everyday life easier, while Sunnis condemn the practice, disputing its presence in the Qur'an, and adducing that Hazrat Muhammad (S) never prescribed it and he himself never practiced it.

Sachiko Murata, a scholar of Theology from Tehran University, writes in his MA dissertation “Temporary Marriage in Islamic Law” (Published in Al-Serat, Volume, 13, Issue 1, in 1979):

"The ulama', both Sunni and Shi'i, agree that mut'a was permitted at the beginning of Islam. However, they disagree as to the reasons it was permitted."

(See: http://www.al-islam.org/al-serat/muta/5.htm)

Although this is one of the main fiqh differences between Twelver Shi'is and Sunnis, it is still merely a fiqh issue and not relevant to the core beliefs. The question is whether Hazrat Muhammad (S) or Hazrat Umar (RA) abolished it; it does not define whether one is Shi'i or Sunni.

Sunni View

According to Dr. Gabriele Marranci, lecturer in the Anthropology of Islam, at the University of Aberdeen, Nikah-e-Mut'a, as a time-fixed marriage, is not mentioned in the Quran. The only mention of Islamic marriage is that of Nikah-e-Daaimi itself.

The Sunnis believe that temporary marriage was a custom of the pre-Islamic Arabs. It was used as a convenience shield, useful in the case where a man had to travel away from home for long periods of time, or was not able to commit fully to marriage.

Hazrat Muhammad (S) forbade temporary marriage, re-allowed it briefly because the early followers found the abolition too difficult, and then permanently banned it. The hadith, or prophetic statements and traditions, can be analyzed to fortify or nullify this position. And this blog tries to do exactly that.

Regarding Mut'a, Sunnis believe this type of marriage was practiced before Islam and during the time of Hazrat Muhammad (S). In a hadith, (appearing later) Muhammad (S) told Sahaba to "do it" since it was made acceptable. However, according to Sunni belief, within the same Hadith, Muhammad (S) clearly mentions that this form of marriage was to be banned.

Then Hazrat Muhammad (S) forbade it, according to Sunni View, but during a military expedition, he was approached by some of the followers who did not have their wives with them, so they asked him (S), “Should we not castrate ourselves?” (The reason for this request was the desire to maintain their purity of mind and body, which was in danger of being affected by their unmet sexual needs. Hazrat Mohammad (S) forbade them to do so but permitted them to contract marriage with a woman up to a specified date, giving her a garment as a dower (mahr)." (See: http://islamic-world.net/sister/mutah.htm) Some Sunnis believe that Muhammad (S) made the prohibition on his return from the expedition to Tabuk, at the head of a large army:

"O people, I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to them (as dower)."

(See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muslim/008.smt.html#008.3255)

Thus according to Sunni Scholars this type of marriage used to be allowed and then was banned permanently like many other banned things in Islam such as consuming of alcohol which was allowed in the beginning and banned later on in steps .To be easy on those who converted to Islam so they would not have to let go of everything the instant they became Muslims. And so dictates human nature that habits good or bad do not change over night.
But Sahih Muslim mentions some Sahaba benefited from this type of marriage during the time of both Hazrat Umar (R.A) and Hazrat Abu Bakr (R.A). The reason for Mut'a is explained in Sahih Bukhari as only when it is very badly needed.

Sunnis argue that because it is stated in the verse that marriage should not take place only for lust, Mut'a marriages should not be permitted since that is one of the purposes of the limited union. An important institution such as marriage, they say, should not be left up to the interpretation of a single word in the Qur’an; hence the hadith is valid for abrogating it. However, the Qur'an never banned it and it has a much higher authority over the matter. They further criticize that the (Modern) Mut'a marriages violate concepts of Islamic inheritance laws, which are stated in the Qur'an.

Sunnis believe that some of the objectives of marriage are: producing children, creating permanent rights and obligations, and setting up a family; none of which Sunnis believe is fulfilled in a Mut'a union. (See: http://www.islamawareness.net/Marriage/Mutah/unlawfulness.html)

Some Sunnis see Nikah-e-Mut'a as a form of prostitution, belittling the chastity of both husband and wife. Also, since the husband is not required to support the wife, the limit of four wives is not taken into consideration or limitation, which Sunnis view as a violation of the rule.

Further more, Sunnis are of the view that Mut'a was a pre-Islamic tradition of the Arabs, and as such, in the early days of Muhammad’s (S)'s prophetic career, it would have been a custom of the early Muslims. As drinking intoxicants was allowed, then allowed with limits, Mut'a too was gradually allowed with limits from Islamic legitimacy.

Yusuf al-Qaradawi, a Sunni scholar, writes:

The reason it was permitted in the beginning was that the Muslims were passing through what might be called a period of transition from jahiliyyah (illiteracy) to Islam. Fornication was very common and widespread among the pre-Islamic Arabs. After the advent of Islam, when they were required to go on military expeditions, they were under great pressure as a result of being absent from their wives for long periods of time. Among the believers were some who were strong in faith and others who were weak.

(Seel http://www.zawaj.com/articles/mutah.html, http://www.zawaj.com/qaradawi/marriage.html)

Sunni believe that Hazrat Muhammad (S) later abolished this type of marriage at several different large events, the most accepted being at Khaybar in 7 AH (629 CE) and at the Victory of Makka in 8 AH (630 CE). Sunnis believe that Hazrat Umar (RA) later was merely enforcing a prohibition that was established during Muhammad’s (S) time.

Certain Sunnis also argue that mut'a cannot be considered a legitimate form of sexual union because it excludes such things as inheritance, divorce, sworn allegation, forswearing, and zihar. Since these necessary concomitants of marriage do not apply to mut'a, it cannot be considered marriage, so the woman cannot be considered a legitimate wife. If she is neither a wife nor property, sexual intercourse with her is illegitimate: 'Prosperous are the believers, who. ..guard their private parts, save from their wives and what their right hands own. ..; but whosoever seeks after more than that, those are the transgressors' (23:1-7). Hence, persons who engage in mut'a transgress God's law. (See: “Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979, available online at: http://www.al-islam.org/al-serat/muta/5.htm)

Differences and Similarities with Other forms of Union

2008-11-18T11:53:00.000-08:00

Differences from Nikah-e-Daaimi (Permanent Marriage)

Nikah-e-Mut'a is a marriage with a pre-set time. It is important to note that different Marja "authorities" may give different fatwa "legal rulings" on some issues. Many of the following rules may be changed in the Islamic marriage contract.

The marriage is agreed upon to be voided after a pre-set time. This permits the couple to expect and prepare emotionally for the end of the marriage.
No divorce is necessary. In Shi‘ah fiqh ("jurisprudence"), a divorce is viewed as a complex process involving mediators and a period aimed at giving the couple the chance to reconcile. This is not necessary in Nikah-e-Mut'a, since the marriage does not end due to disharmony but due to the preset time being reached.
The husband may void the Nikah-e-Mut'a earlier than agreed. If he does and they have had sexual intercourse, he must give her full mahr "bride price". If they have not had intercourse, he must give her half that amount, though the recommended precaution is that he should give her full mahr. A distinction between a talaq "divorce" in a Nikah-e-Daaimi and voiding a Nikah-e-Mut'a is made in a conversation reported in a hadith collection in Muwatta by a Sunni scholar Imam Malik (See: http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/muwatta/028.mmt.html#028.28.6.16).
The couple does not inherit from each other. Since the marriage is not permanent, the couple is not considered a single, merged unit.
The husband is financially responsible for any children resulting from the marriage. As it is believed that a woman should not be burdened with the responsibility of providing for a family, she is allowed to work and spend her money as she chooses.
The wife may leave her house against her husband's will.
The husband need not pay for the wife's expenses. This complements the above point.
It is permitted to marry a woman from Ahl al-Kitab "People of the Book" (followers of monotheistic religions). The difference in jurisprudence between different religions is overcome by this rule. It is understood that the Muslim Nikah-e-Daaimi does not have an equivalent form among the People of the Book. Therefore, women who are of the People of the Book are unaccustomed to the special rules of Nikah-e-Daaimi, for example, the husband's responsibility for the wife's expenses or the wife's not leaving her house against the husband's wishes. These differences in religious laws make it desirable to wait with the higher level of commitment that Nikah-e-Daaimi requires until they are overcome, in order to minimize potential friction in family life.
The wives are not counted toward the maximum of four. Since the husband is not required to support the wife, and the marriage is not permanent, the circumstances leading to the restriction of having no more than four wives does not apply. However, many Shi‘ah scholars have ruled that one cannot take more than four temporary wives.
The Nikah-e-Mut'a can be used exclusively for the aim of having sex.

Similarities with Nikah-e-Daaimi

For a the detailed fatwas see: (See: http://www.jannaati.com/far/index.php?page=6&row=6&start=6, http://photo-origin.tickle.com/image/100/3/7/O/100375044O531984102.jpg)

The woman might require the consent of her wali ("Legal Guardian") if she is a virgin. However, there is no consensus among the Grand Ayatollahs on this issue. Some like Ali Sistani require father's permission, to prevent someone taking advantage of her inexperience; while others like Sadeq Rohani, Mohammad Shahroudi and Mohammad Ebrahim Jannaati do not require guardian's permission.
A contract is engaged when entering the marriage. However, Shi‘i believe that the marriage contract does not require having witnesses, a written contract or permission from authorities.
The woman observes iddah at the end of the marriage. That is, she must wait before remarrying - but only if she had sexual intercourse.
Shi‘is requires no witnesses, or permission from authorities to enter a marriage.
Neither men nor women are not allowed to marry anyone of non-Monotheistic religions

Differences from "Modern Dating"

Although Nikah-e-Mut'a is usually portrayed in the western media as a form of "Islamic dating", (See: http://www.usatoday.com/printedition/news/20050505/a_tempmarriage05.art.htm) there are a few differences between it and modern western dating, mainly:

A contract is made and agreed upon, and there is a proper procedure of doing Mut'a.
A woman is required to observe an iddah (waiting period) after their breakup, if they have consummated their relationship.
It is forbidden for women to "date" non-Muslims, and men are not permitted to "date" women of non-monotheistic religions.
The two parties must have a verbal consent, although some Shi‘i believe that implicit consent is also acceptable.

Rules Nikah-e-Mut'a (Part 2)

2008-11-18T11:14:00.000-08:00

The statutes (Ahkam) of Mut'a

Conditions in the Contract

It is permissible for one or more conditions to be mentioned in the contract of mut'a, so long as they are legitimate. A condition must be accompanied by a declaration and an acceptance. Fulfilling the condition then becomes necessary, since it is part of the contract.

It is permissible for the contract to stipulate as a condition a particular time for meetings between the husband and wife, such as daytime or night-time. It is also permissible for a given number of sexual acts for a given period to be stipulated, as for example, during one day or over the whole period of the marriage. These are legitimate conditions and in no way contradict the requirements of the contract. However, if only a given number of sexual acts are stipulated without mention of a time period, the contract is invalid, since the time period must be stated.
It is permissible for a condition to be stipulated that the marriage not be consummated, since again the condition is legitimate and does not contradict the requirements of the contract. However, according to the most widely held opinion, in such a case if the woman should give permission for intercourse during the time period, intercourse is then permissible. For the contract warrants intercourse, but if the condition of non-intercourse is laid down, that is the woman's right over the man. In other words, she has been 'rented' for the purpose of sexual intercourse, and the condition has become the barrier to this end. So if she chooses to waive the condition, she is then at the man's disposal.

As for conditions not mentioned in the text of the contract itself, but stated before or after the contract, their fulfillment is not obligatory.

Coitus Interruptus

It is permissible to perform coitus interruptus, even if it is not mentioned as a condition in the contract. In addition, in contrast to permanent marriage, the basic aim of mut'a is enjoyment, not the production of offspring.

If the woman becomes pregnant such that the pregnancy derives from the period of mut'a, the child belongs to the husband, even if he performed coitus interruptus. This statute applies to every legitimate act of sexual intercourse, not specifically to mut'a. However, if the man should deny the child, then it does not belong to him; the 'sworn allegation' required in permanent marriage is not necessary. Although sworn allegation is unnecessary in mut'a, this is the outward and exoteric statute, and there is another 'statute' established between man and God. In this second respect it is not permissible for the man to deny the child just because he performed coitus interruptus or suspects his wife of adultery. He must have definite knowledge that the child does not belong to him. Hence it is encumbent upon him to observe what exists between him and God, even though his word alone will be accepted and there is no need for him to make a sworn allegation.

Divorce

By a consensus of the ulama there is no divorce in mut'a. The man and woman become separated from each other through the expiration of the time period, or else by the man's 'returning' the remaining time to the woman.

Forswearing

In mut'a there is no forswearing, since forswearing's very definition has to do with divorce, which does not exist in mut'a. Moreover, the woman cannot demand a right to sexual intercourse in temporary marriage, a demand which is essential in the establishment of forswearing in permanent marriage. The only thing the woman may demand is the dower, to which she is entitled as a 'rented' woman.

Sworn Allegation

Sworn allegation does not take place in muta. Moreover, in the case of denying parentage, by a consensus of the ulama' it is unnecessary for the man to make the sworn allegation, as we have already seen.

Zihar

There is a difference of opinion as to whether or not zihar may take place in temporary marriage. The majority of the ulama' hold that it can take place, since the Qur'anic pronouncements concerning it are general and not delimited. The verse: 'Those of you who say, regarding their women: 'Be as my mother's back', they are not truly their mothers' (58:2) indicates that zihar pertains to any woman with whom intercourse may legitimately take place, a category within which a wife by muta is included. Al-Shahid al Thani, al Tabataba'i, and al-Muhaqqiq al-HiIIi all hold this opinion.

But al-Shaykh al-Ansari and al-Shaykh Muhammad al-Hasan seem to prefer the opposite opinion, that zihar does not take place in muta. For the result of zihar is either returning to the wife, or finally divorcing her. As for the second possibility, there is no divorce in mut'a. And 'returning to the wife' is unnecessary in mut'a, whereas it is necessary in permanent marriage. When a man pronounces the formula of zihar in permanent marriage, the woman remains his wife. According to permanent marriage's statutes, she has a right to sexual intercourse. Once the man pronounces the formula of zihar, she may demand her right at any time. At that time the man must either pay the expiation or divorce her. But since the woman has no right to sexual intercourse in mut'a, the problem of 'return' to her does not present itself. At any rate, when the time period expires, separation takes place. Thus if zihar exists in mut'a it comes down to this: the man returns the remainder of the time period to the woman. There is no reason to claim that this returning is equivalent to divorce.

Inheritance

According to the most widely held view, there is no inheritance between husband and wife in mut'a unless it should be specifically mentioned as a condition of the contract. One of the spouses may be named heir to the other, in which case the inheritance is one-sided; or it may be stipulated that if either spouse should die, the other will inherit.

Two other positions are worth quoting on this question. Certain ulama' hold that inheritance cannot take place as a result of mut'a, whether or not it is mentioned in the contract. While others believe that inheritance takes place as long as there is no condition negating it in the contract.

There is also the question of inheritance by a child born as the result of a temporary marriage: its inheritance from its father is one-half of that of a child by permanent marriage, while its inheritance from its mother is the same as it would be in permanent marriage.

The Waiting Period

As in permanent marriage, so in muta there is a waiting period which must be observed after the time period of the marriage has expired or the man has returned the remainder of the period to the woman. It consists of two menstrual periods, provided she menstruates.

If the woman is of menstruating age but for some reason does not menstruate, her waiting period is 45 days, whether she is free or a slave. If the husband by mut'a of a free woman should die, her waiting period is four months and ten days, so long as she is not pregnant and whether or not the marriage was consummated. If the wife should be a slave, her waiting period is two months and five days, a point established by a large number of hadith.

If the wife should be pregnant, her waiting period will be either the usual one of four months and ten days (two months and five days for a slave) or the time it takes to give birth-whichever of the two is longer.
Renewing the Contract

A contract of mut'a cannot be renewed before the time period expires. Hence, if the parties wish to renew the contract, it is only necessary for the man to return the remainder of the time period to the woman, thus in effect ending the marriage. Then they may conclude a new contract. When she remarries the same man, she has no waiting period.

This method of renewing the contract is established by a hadith related from the Imam Ja'far. He was asked about a man who married a woman for a period of one month, but then found that a love for her was developing in his heart. Before the period expires, could he renew the contract and increase the time period and dowry? The Imam answered that such a course of action was not permissible so long as the first contract remained in effect. Therefore: 'He must return to her the remainder of the days [of the contract] and then conclude a new contract.'

Rules of Nikah-e-Mut'a (Part 1)

2008-11-17T12:24:00.000-08:00

Nikah-e-Mut'a resembles a Nikah-e-Daaimi ("permanent marriage") in many, but not all, aspects. It commences in the same way as a Nikah-e-Daaimi except that for some, a date of expiration for the marriage is added to the marriage contract. The duration is decided by the couple involved. There are no restrictions about minimum and maximum duration. If the period is longer than what can be reasonably expected to be a lifetime, it will transform into a Nikah-e-Daaimi.

During the period of the marriage, the couple is considered husband and wife, just as in a permanent marriage. At the expiration, the marriage is voided without undergoing a talaq "divorce". In case of sexual intercourse, the woman must observe the iddah "waiting period" before she can marry anyone else.

Sachiko Murata, a scholar of Theology from Tehran University, writes in his MA dissertation “Temporary Marriage in Islamic Law” (Published in Al-Serat, Volume, 13, Issue 1, in 1979):

"In some works a special term is applied to women who participate in mut'a: musta'jara, or 'rented woman'. Mut'a is considered a kind of 'rental' because in general a man's basic aim in this kind of marriage is the sexual enjoyment of a woman, and in return for his enjoyment the woman receives a certain amount of money or property. In defining 'rental' the jurisprudents say: 'It is to gain possession of a benefit in exchange for a specified sum.' This definition applies equally to temporary marriage. In this connection a number of hadith have been recorded in which the word musta'jara is employed."

(See: http://www.al-islam.org/al-serat/muta/3.htm)

Nikah-e-Mut'a is considered mustahab (recommended) by the Shi‘ah. The Shi‘ah also regard it as mustahab to extend the marriage or to transform it into a permanent one.

The following portion is mainly adopted from MA dissertation “Temporary Marriage in Islamic Law” Published in Al-Serat, Volume, 13, Issue 1, in 1979 by Sachiko Murata, a scholar of Theology from Tehran University.

Pillars (Arkans) of Temporary Marriage

Shi'i jurisprudence discusses temporary marriage with all the care it bestows upon permanent marriage. Like permanent marriage, mut'a has 'pillars' and 'statutes'.

The Formula

Since it is a contract, mut'a requires a declaration and an acceptance. As in permanent marriage, the declaration is the prerequisite of the woman. It must consist of one of three Arabic formulas, the same three which are employed by the Shi'is in permanent marriage.

The 'acceptance' is made by the man after the woman has made her declaration. His words must demonstrate that he is satisfied with the declaration. For example, he may say: 'I will accept the marriage', or 'I accept the mut'a.' If he should say only: 'I accept' or 'I am satisfied', the contract is valid.

The legal discussions of contracts assert that the persons who make the declaration and acceptance must be 'worthy of the contract' (ahl al 'aqd). In the question of mut'a this means that those who conclude the contract must be the man and woman themselves, or their representatives (wakil), or their fathers. Hence, for example, it is permissible for the father to say: 'I give my daughter in mut'a with her agreement.' If anyone other than the above persons should conclude the contract, it is 'uncommissioned' (fuduli) and therefore invalid.

The Persons

A man can conclude a contract of mut'a only with a Muslim or one of the 'People of the Book'. It is not permissible to engage in temporary marriage with an unbeliever or an enemy of the Household of the Prophet (ahl al-bayt, i.e., the Imams), such as a follower of the Khawarij. A Muslim woman cannot marry a non-Muslim.
If the man has a free, permanent wife, he cannot contract a mut'a with a slave without his wife's permission. Should he do so, the contract is invalid or in abeyance pending her permission. If the slave should belong to someone else, a mut'a cannot be contracted without her master's permission.

A man is not permitted to marry the daughter of his sister-in-Iaw or brother-in-law without his wife's permission. Should a contract be concluded without her permission it is invalid or in abeyance until she gives her permission. With these two exceptions, the relatives to whom marriage is not permitted are the same as in permanent marriage.

If someone makes an accusation against a woman, it is recommended that before concluding the contract of mut'a with her the man inquire from her about her situation, i.e., as to whether or not she has a husband and whether or not she is chaste. But asking is not a condition of the contract. According to ‘the principle of correctness’ in Islamic Jurisprudence, one must dismiss the possibility that a potential wife might be unchaste, so it is unnecessary to ask her.

It is reprehensible for a man to conclude a marriage of mut'a with a fornicatress. If a man should contract a temporary marriage with a fornicatress, it is his duty to command her not to perform adultery. But this is not a necessary condition of the marriage, by reason of the 'principle of correctness' as applied to the Muslim's act.
It is also reprehensible, without any exceptions, to contract a temporary marriage with a virgin, If a contract should nevertheless be concluded, it is not permissible for the man to consummate the marriage, unless the marriage took place with the permission of her father-a condition almost impossible to imagine in Muslim society.\

The Time Period (Muddah)

The time period of a temporary marriage must be delineate in a manner which allows no possibility of increase or decrease.

There is no upper or lower limit to the duration of the time period. It makes no difference if the period is extremely long, so that one doubts whether the parties will survive its duration; or if it is extremely short, so that there is no possibility of consummation. In other words, any time period is permissible, so long as both sides are aware of the situation and are satisfied.

Furthermore the beginning of the marriage can also be postponed to a future time and as that time arrives the contract period starts.

There is argument among the Shi'i Scholars, about if the couple fails to mention the time period of the contract, would it be legal or not. One group says if the time period is not mentioned, the contract is not invalidated; rather, the marriage becomes a permanent one. These scholars argue that a marriage contract is concluded either for temporary or permanent marriage. If a time period is mentioned, the contract is for mut'a; but if it is not mentioned, the contract is for permanent marriage. While there is another group of scholars who considers mut'a to be invalid in such a situation.

Once the contract is concluded the wife receives the whole dowry, whether or not the husband consummates the marriage before the time period expires. The wife is entitled to the dowry as long as she places herself at her husband's disposal and does not present him with any obstacles to consummating the marriage. The situation is exactly the same as renting a house, but then choosing not to take up residence before the rental period has expired. When the time period is over, the wife is freed from the obligations of the contract.

The Dower

The contract must mention a dower of known property, whether in cash or kind, whose amount is safe from increase or decrease. In order to gain knowledge of the property, it is sufficient for the woman to see it, but it is not necessary that it actually be weighed, measured, or counted-whatever the case may require. The contract of mut'a is not simply an exchange of goods, but a marriage. Even if it is defined as a 'rental', that also is different from an exchange. Hence it is sufficient that any possibility of misunderstanding which might arise from not seeing the dower be removed. As for goods which are not present, it is sufficient that the dower be described in such a manner that the woman's ignorance will be removed, i.e., that it be described exactly as it is.

There is no condition or requirement concerning the amount of the dower except that the two sides come to an agreement over articles which may properly be exchanged, even if they are no more than a few grains of wheat. If the dower is not mentioned, the contract is unanimously held to be invalid.

The woman may ask for the whole amount of the dower at the beginning of the marriage. In this case, the man may not take back any of the dower under any circumstances, unless for some reason the contract should have been invalid from the beginning.

In a situation where a contract is concluded, but before the beginning of the time period the man decides not to go through with the marriage but to 'give back' to the woman the contracted time, she is entitled to one-half the dower. The situation is similar to divorce before consummation in permanent marriage.

Use of Nikah-e-Mut'a

2008-11-17T01:33:00.000-08:00

The Nikah-e-Mut'a is used in Shiah School in various ways (See: http://www.answering-ansar.org/answers/mutah/en/chap4.php):

A person who is away from his homeland for a period of time and away from his wife etc. but he still has his human nature (i.e. lust). In this condition marriage is not suited for him and he cannot restrain his desires. So what does the Shariayah (Jurisprudence) say regarding these circumstances? Well its option is to do Nikah for a stipulated time or the other alternative is to commit adultery or fornication.
It is especially useful in the modern times when many people move from one place to another, like from one country to another. Thus students, workers, scholars are allowed to fulfill their sexual and emotional needs if they are in another country. It may lead to permanent marriage afterwards.
In some countries the law says a non-naturalized citizen cannot marry a woman and take her back to his country. In this circumstance if Mut'a is performed, after the set period both the man and the woman are free, from each other. If marriage is commenced then the couple are tied with other for the rest of their lives, or they will get tangled in achieving a divorce.
Islam is a religion that is suited for all nations and ages. Mut'a is a good example of that. In the western world adultery and fornication are common and openly performed. Mut'a is a way of protecting a person from committing these serious sins and vices.
One of the benefits of Mut'a is that a couple who does Mut'a gets to understand each other better over that period of time. If all goes well, when the period of Mut'a is over they may engage in a permanent marriage. This could also be in a reverse case; if all does not go to plan then they may go their own ways after the limit of Mut'a. Rather than getting married and then having a divorce. Mut'a is a great way of overcoming this undesirable act (divorce).
It may be used to satisfy one's sexual needs. There are no requirements of having a witness, a written contract or permission from authorities (Although some people might prefer to have completed the contract in the presence of a learned Muslim).
May be used to become mahram “To whom women are not required veil themselves” with somebody they do not intend to cohabit with or have a married relationship with, but with whom they spend a lot of time (for example, share a house). In order to ease the hijab "modest dress" rules, they engage in a Nikah-e-Mut'a, writing in the marriage contract that no physical contact is allowed.
Young unmarried couples may decide to use Nikah-e-Mut'a as an allowable alternative to zina. Thus in practice they engage in something very similar to western relations (that is, there is the potential of permanent marriage), but it differs in that there is a specified time as to how long the relationship is to last, with the possibility to prolong that period.
Some divorced men and women, disillusioned with permanent marriage, prefer to only commit for a few years at a time.

Other Forms of Islamic Marriage

2008-10-02T03:53:00.000-07:00

Other than Nikah-e-Mut'a there are four forms of Islamic marriage that are considered to be halal by at least one fiqh within Islam. These are:

Nikah-e-Daimee
Nikah-e-Halala
Nikah-e-Misyar
Nikah-e-Urfi

Nikah-e-Daiemee

Nikah-e-Daimee (Permanent Marriage) is the most common form of Islamic Marriage. Sachiko Murata, a scholar of Theology from Tehran University, writes in his MA dissertation “Temporary Marriage in Islamic Law” (Published in Al-Serat, Volume, 13, Issue 1, in 1979):

In Islam the word most commonly employed for marriage is nikah, which means literally 'sexual intercourse'. As a legal term it denotes the situation resulting from a particular contract, entered into by a man and a woman, by which sexual intercourse between them becomes legitimate in the eyes of God and society. The only other mode of legitimizing this sexual relationship is by a man's purchasing a female slave…

(Available online at: http://www.al-islam.org/al-serat/muta/5.htm)

This is the only marriage form which is accepted by all sects, schools of thought within Islam, and there is a general consensus on it rules and regulations among all Muslims.

Pillars (Arkan) of the Marriage Contract

Permanent marriage has a set number of pillars, two according to the Shi'is, three according to the Malikis and Hanafis, and four according to the Hanbalis and Shafi'is. All schools agree on the first two pillars, 'formula' and 'persons'.

Formula (Sigha): Marriage is legalized by a contract ('aqd), which, like all other contracts in Islam, consists of a declaration (ijab) and an acceptance (qabul). The woman declares that she is entering into a relationship of marriage with the man, and he accepts her as his wife.
The Persons (Mahall): The man and woman must be free of all shar'i hindrances to their marriage, as explained below. The identity of the spouses must be clearly specified. Thus, for example, if the guardian should say: 'I give one of my two daughters to you in marriage', and the man should accept, the contract is invalid.
Guardianship (wilaya): The legal guardian in the marriage contract may be the father, the father's father (Hanafi, Shafi'i, Shi'i), the executor of the father's will concerning the marriage (wasi), the governor of the town (hakim) in case of the nonexistence of the others (Hanbali), and the owner of a slave (Maliki). The mother has no guardianship except in the Hanafi school, which holds that if there is no close male relative, close female relatives may assume the guardianship and conclude the marriage contract. Hence in Shafi'i, Hanbali and Malliki schools the woman does not have the right to conclude a marriage contract without the participation of her guardian. In the Shi'i and Hanafi schools the presence of the guardian is required only at the marriage contract of a girl not of age, that is, one who has not yet reached puberty (saghira), or of an incompetent or insane girl or woman of age. In both these schools a girl who is physically mature may marry whomsoever she wishes, and the validity of the contract is not conditional upon the presence of the guardian.
Witnesses (Shahid): The Shafi'i, Hanbali, and Hanafi schools hold that the presence of two witnesses is a pillar of marriage and that without their presence, the contract is invalid. The Malikis hold that the presence of two witnesses is necessary at the time of the marriage's consummation (dukhul), but not during the contract, when their presence is merely recommended. The Shi'is maintain that the presence of one or more witnesses is not a pillar of the contract, so a man and woman may conclude a contract secretly if they so wish.

The statutes (Ahkam) of Marriage

There various orders or statutes governing the institute of Permanent Marriage, most important of these are explained below:

The Dower (mahr): Whenever a man marries a woman, he must give her a dower in return for the sexual gratification he is to receive. The dower must consist of a specified amount of property, cash, or profit. It must be ritually pure and owned by the husband. All schools agree that the dower does not have to be mentioned in the contract. If it is mentioned and does not fulfill the conditions required for dowers, the contract is valid but the dower must be corrected. The normal dower is the amount of property, in cash or kind, which other women of the same social status, age, beauty, etc., are receiving in the society of the time.
Support (nafqa): Once the woman has taken up residence with her husband, he must support her in a mode corresponding to the support received by her equals. Support includes such things as food, clothing, shelter, and other necessities. Payment of the dower becomes incumbent on the husband as a result of the marriage contract, but payment of support only becomes incumbent as a result of the contract and the wife's obedience to her husband. If the wife does not obey her husband, he is not obliged to support her. Here it should be kept in mind that in Islamic society a wife must 'obey' her husband only within the shar'i limits, which is to say that the woman obeys the man on condition that he is obeying God. Should he tell her to do something not sanctioned by the sharia her duty is to follow God, not her husband.
Annulment (faskh): Any time a spouse has certain specified physical or mental disabilities which make continuation of the marriage difficult, the other spouse may annul the marriage. These disabilities vary according to the different schools. All schools except the Hanafi list insanity, emasculation, and impotence for the men, and insanity, leprosy, and a blocked vagina for the wife; each of them except the Hanafi then adds various other disabilities of the same sort. In the Hanafi school the wife has the right to annul the marriage only for the three grounds listed, while the husband has no grounds for annulment on the basis of disabilities.

Divorce (Talaaq)

The pillars of divorce differ according to the schools. The Hanafis and Hanbalis hold that there is only one pillar, i,e., the formula through which it takes place. In the view of the Shafi'is and Malikis, the pillars are (I) the existence of the husband and the wife, (2) the formula of divorce, and (3) the intention. The Shi'is maintain that the pillars are (1) the husband and wife, (2) the formula, and (3) two witnesses, The husband may divorce the wife, but not the reverse. In contrast to marriage, the wife's consent is not necessary.

The man must be in possession of his rational faculties, have reached physical maturity (except in the Hanbali view), and be acting of his own free will (except according to the Hanafis). The Hanbalis maintain that a youth who has not reached puberty but who understands the meaning of divorce and its consequences may divorce his wife of his own accord; the Hanafis say that even if the formula is pronounced under duress, it is still valid. To the views shared with the other schools, the Shi'is add that the husband must pronounce the formula with the intent of divorcing his wife, although unlike the Shafi'is and Malikis, they do not make this a pillar of divorce.

For a divorce to become final, in most cases the man must pronounce the formula on three different occasions, as described below. Technically, his first and second pronouncements are also divorces, but they are 'revocable' (rij'i). Hence, divorce may be divided into the revocable and irrevocable (ba'in) forms.

Since these types of divorces are in reality a kind of contract, they require a declaration (ijab) and an acceptance (qabul). The woman must say something like: 'Divorce me in exchange for such and such', while the man must answer something like: 'I accept' or 'I divorce you'. The Sunnis hold that the husband may employ any number of words in the formula, such as 'divorce' or words derived from the same roots as khul' and muharat. The Shi'is say that the word 'divorce' itself must be employed.

The Waiting Period (‘Idda)

When a woman is divorced or her husband dies, she must wait for a prescribed period of time before she can remarry. If the woman's husband has died, the waiting period differs according to whether or not she is pregnant; if she is not, she must wait four months and ten days. Such things as her physical maturity, whether or not she has reached menopause, and whether or not the marriage has been consummated are irrelevant. If the woman is pregnant, according to the Sunnis her waiting period terminates when she gives birth to the child; according to the Shi'is, she must wait either four months and ten days or the term of her pregnancy, whichever is longer. If a woman's husband should be away on a journey when she hears of his death, according to the Sunni schools her waiting period begins on the date of his death; the Shi'is hold that it begins on the day she receives the news.

The waiting period for divorce differs according to circumstances and the views of the different schools. A woman with whom the marriage has not been consummated has no waiting period. A girl less than nine years old has no waiting period according to the Hanbalis and the Shi'is; but the Malikis and Shafi'is hold that if she was mature enough to participate in sexual relations, she must wait three months; the Hanafis hold that in any case her waiting period is three months. A woman who has gone through menopause must wait three months in the view of the Sunni schools, but the Shi'is say that she has no waiting period. A woman who menstruates and who is not pregnant must wait either three tuhrs (periods of purification after menstruation) according to the Shi'is, Malikis, and Shafi'is, or three menstrual periods according to the Hanafis and Hanbalis. A woman who is old enough to menstruate but who does not or who is in the state of mustaraha must wait three months. A woman who is pregnant must wait until she has delivered her child.

Forswearing (Ila’)

'Forswearing' means to swear an oath in God's name not to have sexual relations with one's wife, either absolutely, or for a period of more than four months. Since the sharia forbids a husband from refraining from sexual intercourse with his wife for more than four months, once the four months have passed, the wife has a valid reason to have recourse to a qadhi. If the husband should break the oath, he must pay the expiation (kaffara) set by the law for the breaking of an oath. If he holds to his oath and the four months pass, the wife may go before a qadhi and request that he clarify her marital situation. According to the wife's wishes, the qadi will either order the husband to return to his wife or to divorce her. If the husband is ordered to return to her but refuses, the qadhi will then order him to divorce her. If he also refuses that, the qadhi will grant her a revocable divorce. The Shi'is differ here by holding that the qadhi does not have the right to grant divorce in the husband's stead; however, he can force the husband-by imprisonment or other means at his disposal-to take one of the two courses open to him, i.e., to return to her or divorce her. The Hanafis say that once the period of the husband's oath comes to an end, the woman is divorced irrevocably, without any need for the husband's pronouncement of the formula. The Shi'is hold that forswearing may not take place in the case of a virgin. The Sunni schools disagree and add that if her husband divorces her, the divorce is irrevocable.

Zihar

In pre-Islamic times the Arabs practiced a form of divorce which amounted to the husband's reciting the formula, 'You are to me as my mother's back (zahr)', a practice referred to as zihar. Although Islam forbids zihar (cf. Qur'an 33:4, 58:2), if a man should recite this formula to his wife--or an equivalent formula, by substituting a reference to any other female forbidden to him-sexual intercourse with his wife is forbidden to him. Zihar's conditions are the same as those of divorce; hence in Shi'ism two witnesses must hear the formula recited.

Sworn Allegation (Li'an)

'Sworn allegation' is a procedure whereby a man may take his wife before a qadi and either accuse her of infidelity or deny his fathering her child. The man then pronounces this formula four times: 'I testify before God that I speak the truth concerning what I say about this woman.' The qadi will then counsel the man concerning the gravity of his accusation. If he should repent of his words, he will receive the punishment for false accusation (eighty lashes). If he maintains the truth of his accusation, he must repeat a second formula four times: May 'God's curse be upon me if I am a liar'.

The judge then turns to the wife. She may either face the penalty for adultery (stoning to death) or repeat this formula four times: 'I testify before God that he is a liar'. The judge will counsel her concerning the gravity of falsely swearing before God. If she continues to maintain her innocence, she must pronounce a second formula four times: 'God's wrath be upon me if he is telling the truth '. If she refuses to pronounce the formula, she will suffer the penalty for adultery. After sworn allegation, the man and woman are forbidden to each other forever, without divorce.

Inheritance (Mirath)

Husband and wife inherit from each other according to set rules. The only condition for inheritance is a valid marriage contract, not consummation of the marriage.

(For more detail see: http://www.al-islam.org/al-serat/muta/2.htm)

Nikah-e-Halala

In Hanfi Sunni jurisprudence, if a couple has gone through three talaqs, and they regret their decision they can remary until the women has engaged in a Nikah with another person, while the person volunteering for help and the wife both have the intention of divorcing as soon as sexual intercourse takes place. After iddah is observed, the original couple may remarry. This sort of marriage is referred to as Nikah Halala. As can be easily imagined the whole process is fraught with emotional turmoil.

Shi'i and much Sunni jurisprudence disallow a couple remarrying after having been through three divorces.
This can be explained by the fact that some Sunni schools view a triple talaq (when the husband says "I divorce you" three times in a row) as equivalent to three single talaq. Other Sunnis and Shi'i treat that as a single divorce, and the couple then has three months to ponder on their decision, before the second talaq. Once the second talaq, has occurred, then it is considered that it is better for the two to go through the third one as well after another three months. But once the third talaq has occurred there is no way back as both had enough time to take the decision and now there is no need for Nikah-e-Halala.

Shi'i also refer to Nikah-e-Halala as a counter point when defending Nikah-e-Mut'a. They say that in principle Nikah-e-Halala is similar to Nikah-e-Mut'a, as both the husband and wife have the intention of divorcing at the time of Nikah, and this is also a form of temporary marriage. What if the intercourse during Nikah-e-Halala results in a child?

(See: http://www.islamonline.net/fatwa/english/FatwaDisplay.asp?hFatwaID=21340, http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=36580&dgn=4, http://www.islamicvoice.com/october.97/ourd.htm, http://understanding-islam.net/related/text.asp?type=rarticle&raid=46&sscatid=193)

Nikah-e-Misyar

Nikah Misyar or "travellers' marriage" is a Nikah contract carried out via the normal contractual procedure, with the specificity that the wife gives up several of her rights by her own free will, such as living with the husband, equal division of nights between wives in cases of polygamy, rights to housing, and maintenance money ("nafaqa"). The couple continues to live separately from each other, as before their contract, and see each other to fulfil their sexual needs when they please.

(See: http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544160)

Misyar Marriage in Practice

This type of marriage is considered to be halaal by many Sunni fiqhas. They say that the Misyar marriage represents an adaptation of marriage to the needs of people who are not able to marry in the traditional way. In countries such as Egypt, Syria, Saudi Arabia, Kuwait or the United Arab Emirates, this is usually due to the cost of rents; the high cost of living in general; the high amounts of dowry required; and other similar economic and financial concerns.

(See: http://answering-islam.org.uk/Index/M/misyar.html)

This type of marriage could also meet the needs of young people whose resources are too limited to settle down in a separate home; of divorcees, widows or widowers, who have their own residence and their own financial resources but cannot, or do not want to marry again according to the usual formula; and of slightly elder people who have not tasted the joys of marriage. One is reminded, in this context, that there are a million and a half unmarried women in Saudi Arabia alone.

Islamic lawyers add that this type of marriage fits the needs of a conservative society which punishes “zina” (fornication) and other sexual relationships which are established outside a marriage contract. Thus, some Muslim foreigners working in the Gulf countries prefer to engage in the Misyar marriage rather than live alone for years. Many of them are actually already married with wives and children in their home country, but they cannot bring them to the region.

It is noted that many wealthy Arab men sometimes enter into a Misyar marriage while on vacation, in order to have sexual relations with another woman without committing the sin of zina. They usually divorce the women once their holiday is over. One should note, however, that if this is understood by both parties at the time of conclusion of the marriage contract (and this is usually the case) this would constitute a fixed time period, effectively making such a marriage invalid in Sunni law, and more akin to the Shi'i Mut'a marriage.

The Sheikh of Al-Azhar Muhammad Sayyid Tantawi and theologian Yusuf Al-Qaradawi note, in their writings and in their lectures, that a major proportion of the men who take a spouse in the framework of the Misyar marriage are already married men.

(See: http://www.arabnews.com/?page=9&section=0&article=64891)

Many of the men involved would not marry a second wife within the regime of normal Islamic polygamy. Because of the heavy financial burdens, moral obligations and responsibilities it places on the husband. But, they opt for the less onerous option of Misyar marriage when the theologians declare it licit.

(See: http://www.dailyexpress.com.my/news.cfm?NewsID=42349)

In view of these various situations, this type of marriage remains somewhat controversial within Sunnis as well.

Arguments for the Legality of Nikah Misyar

However, contrary to the widely held beliefs, Misyar marriage fits within the general rules of marriage in Sunni jurisprudence, on condition merely that it fulfil all the requirements of the Shariah marriage contract i.e:

The agreement of both parties;
Two legal witnesses (Shahidain)
The payment by the husband to his wife of Mahr in the amount that is agreed
The absence of a fixed time period for the contract
Shuroot, any particular stipulations which the two parties agree to include in the contract and which are in conformity with Muslim marriage law

(See: http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544160)

This type of marriage helps young couples who cannot stay together because of the absence of the necessary means, or when they live or interact so often with each other that they know they might end in committing fornication. Marriage of such kind can also help them legalize their relationship in an Islamic way rather than sinning.

Moreover, as explained by the Saudi Islamic lawyer Abdullah bin Sulaiman bin Menie, a member of the Higher Council of Ulema of Saudi Arabia, the wife can denounce at any time, as she sees fit, her renunciation of her financial rights, and require of her husband that he give her all her rights, including that he live with her and provide for her financial needs ("nafaqa"). The husband can then either do so, or grant her a divorce.

(See: http://www.gulfnews.com/Articles/RegionNF.asp?ArticleID=165873)

However, some people argue if the renunciation provision is the only feature which distinguishes misyar from a standard marriage, and if it has no legal standing, does misyar represent a separate category of marriage in Muslim law? Further, is it legitimate for Muslim notaries to include in a contract provisions which have no legal standing, although the contracting parties mistakenly believe that they are the foundations and the necessary conditions to be met for the conclusion of the contract? For that matter, if the spouses are told by the notaries, at the time of conclusion of the contract, that the renunciation clauses have no legal value, what effect would that have on the spouses' willingness to get married?

For these reasons, Professor Yusuf Al-Qaradawi observes, in his book “Zawaj-al-Misyar” published in 1999 (in Arabic) that he does not promote this type of marriage, although he has to recognize that it is legal, since it fulfils all the requirements of the usual marriage contract. He states his preference that the clause of renunciation should not be included within the marriage contract, but be the subject of a simple verbal agreement between the parties. He underlines the fact that Muslims are held by their commitments, whether they are written or verbal.

Criticism against Misyar

Critics of this marriage observe, more generally, that this type of marriage usually ends up in divorce, eventually. As a result the wife finds herself abandoned, to lead a solitary life as before the marriage, but traumatized by the experience, while her social status and reputation degraded.

The proponents of the Misyar marriage, though they recognize that it can result in problems, observe that it doesn’t have a monopoly on them. The problems result, more generally, from the way in which people apply the rules of the Shariah.

Today, in a large number of Muslim countries, there are official family and marriage law codes whose provisions wouldn't allow the conclusion of a marriage of the Misyar type. However, in a number of Gulf States essentially, Misyar marriage is accepted by the community, and is usually arranged privately, through a notary and with no publicity.

Some Sunni scholars like Ibn Uthaimeen or Al-Albani claim, for their part, that misyar marriage may be legal, but not moral. They agree that the wife can at any time, reclaim the rights which she gave up at the time of contract. But, they are opposed to this type of marriage on the grounds that it contradicts the spirit of the Islamic law of marriage and that it has perverse effects on the woman, the family and the community in general.

(See: http://www.metimes.com/articles/normal.php?StoryID=20000407-042210-7478r)

Al-Albani also underlines the social problems which result from the “misyar” marriage, particularly in the event that children are born from this union. The children raised by their mother in a home from which the father is always absent, without reason, may suffer difficulties. The situation becomes even worse if the wife is abandoned or repudiated by her husband "misyar", with no means of subsistence, as usually happens.

As for Ibn Uthaymeen, he recognizes the legality of “misyar” marriage from the Shariah standpoint, but considers that it should be opposed because it has been turned into “real” merchandise that is being marketed on a large scale by “marriage agencies”, with no relation to the nature of Islamic marriage.

In summary, no Sunny scholar will state that Misyar marriage is forbidden from the Shariah standpoint, though they may consider it immoral.

Some traits of the Misyar marriage are reminiscent of the Nikah-e-Mut'a, although it is considered as illicit by Sunnis. The difference is that the Mut'a is based on a contract with a fixed date of expiry; also, a Mut'a does not require witnesses, but a Misyar does. Despite these differences, Shiah opinion holds that the Misyar is similar to the Mut'a as it is usually done with the aim of avoiding sin and satisfying the sexual needs, also because in practice it is a temporary marriage without a predefined expiry date.

Nikah-e-Urfi

The word 'Urfi’ is derived from an Arabic word, 'Urf, which means custom, convention, or a customary act. In its modern context, 'Urfi is used to connote something which is in difference to official state ceremony or procedure. Thus a Nikah-e-Urfi in an Islamic country may denote it to be something synonymous to a common-law marriage in the west, while in some nations like Egypt, a Nikah-e-Urfi is a marriage that takes place without the public approval of the bride's guardians, even though the contract is officiated by a religious cleric and sometimes by a state representative.

It is similar to the Nikah ceremony. An Urfi marriage is a marriage without an official contract. Couples repeat the words, "We got married" and pledge commitment before God. Usually a paper, stating that the two are married, is written and two witnesses sign it. Most of the Islamic countries do not recognize 'Urfi marriages. A woman could not get a 'legal' divorce since the government did not recognize the legality of the marriage in the first place.

Legal Status

There are three criteria of defining legal issues in Islamic jurisprudence (fiqh):

Shari : something that is clearly defined in the shariah.
Urfi : conventional or common tradition. An Urfi definition is acceptable to the common people without any scientific or shari precision.
Ilmi : a definition presented by science.

According to ‘Marriage and Morals in Islam’ by Sayyid Muhammad Rizvi, an Islamic scholar, if the shariah defines something, all Muslims must follow that definition. If the shariah is silent on an issue, Muslims should follow the Urfi definition.

The Urfi marriage has always existed, but for different reasons. In the past, it was common among the widows of soldiers who had huge pensions and they did not want to lose it by officially re-marrying. Now, however, it is mostly among university students and young couples who cannot afford the high cost of marriage.

Undocumented 'Urfi marriages are becoming increasingly popular among Egyptian youth. The high cost of marriage forces many young couples to wait several years before they marry. Conservative Egyptian society forbids sex before marriage, so many young people consider the 'Urfi marriage a solution. 'Urfi marriages are conducted by a Muslim cleric in the presence of two witnesses. However, they are not officially registered and thus there are no legal financial bindings on the man. Couples married in this way often meet in secret and avoid the expense of renting an apartment. The 'Urfi marriage can be disastrous for the wife in legal terms. If the husband leaves her without granting her a divorce, she had no legal right to seek a divorce since 'Urfi marriage is considered illegal. Her husband could remarry. The wife is in a more difficult position. If the wife remarries, she can be accused of polyandry, which is punishable by seven years in prison in Egypt, or she could remain single for the rest of her life.

The new Egyptian law (passed in 2000) recognizes the woman's right to seek divorce from an 'Urfi marriage. However, the law denies her alimony and child support.

There are also controversial, unofficial "'Urfi" marriages, where a couple signs documents declaring themselves married. The couple does not inform their families of the marriage. Many Egyptian clerics are against this type of Urfi marriage calling it a cover for pre-marital sex.An extreme form of 'Urfi marriage is known as Zawag al-Urfi: to give prostitution an Islamic cover, some women enter into secret marriage contracts with their summer visitors. Known in Egypt, as Zawag al-Urfi. This contract is made without witnesses and typically ends in divorce by summer's end. Most of Egypt's Islamic scholars condemn this use of Zawag al-Urfi.

Nikahul-Mut‘ah

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The Arabic dictionaries define mut'a as ‘enjoyment, pleasure, delight’. The root form, m-t' signifies, ‘to carry away, to take away’. (See: http://www.al-islam.org/al-serat/muta/3.htm) Nikah-e-Mut'a, is a time-delimited marriage contract according to the Usuli Shi'i. The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term.

Other terms used to imply this type of marriage are al-nikah al-munqati' (discontinued marriage), al-nikah al-muwaqqat (temporary marriage), istimta', and related word tamattu'. (See: http://www.al-islam.org/al-serat/muta/3.htm)

According to classical Muslim Scholars, Nikah-e-Mut'a is one of two marriage forms that is authorised in the Qur'an. The other form Nikah e Daaimi is simply called Nikah, hence Nikah-e-Mut'a is popularly shortened to simply "Mut'a".

The Islamic term Mut'a, meaning joy, has two connotations:

Nikah-e-Mut'a — A Qur'anic Marriage form
Mut'a of Hajj — Relaxation between a Umrah and a Hajj

Those two terms should not be confused with each other, as they are separate things and the Islamic Term "Mut'a" can denote one or both of the Islamic Term Mut'a of Hajj and the Islamic Term Nikah-e-Mut'a.

Waheed-uz-Zaman, a Sunni scholar, writes in his Sanan Ibn-e-Maja, volume 2, page 76, published by Mehtab Company, Urdu Bazaar Lahore.

"Nikah-e-Mut'a is to do Nikah for a preset time period, for example, one day, two days, one week, one month, one year, or three years etc."

Sachiko Murata, a scholar of Theology from Tehran University, writes in his MA dissertation “Temporary Marriage in Islamic Law” (Published in Al-Serat, Volume, 13, Issue 1, in 1979):

"Though there are important differences between Twelve-Imam Shi'ism and Sunnism on the level of the principles of the religion (usul al-din), on the level of the sharia and fiqh or jurisprudence there are surprisingly few places where Shi'i or 'Ja'fari' law differs from all four Sunni schools, the Hanaf'i, Hanbali, Maliki, and Shafi'i. Perhaps the most important difference occurs in relation to the institution of mut'a, or 'temporary marriage'. The Sunni authorities agree that mut'a was permitted by the Prophet at certain points during his lifetime, but they maintain that in the end he prohibited it completely. In contrast the Shi'is maintain that the Prophet did not ban it, and they cite numerous hadith from Sunni as well as Shi'i sources to prove this. Having established its legality, they then devote tremendous care and attention to defining its legal status and all the rules and regulations connected with it." (See: http://www.al-islam.org/al-serat/muta/1.htm)

There are several recorded oral traditions (hadith) from Hazrat Muhammad (S) used either to prove or to disprove the legality of Nikah-e-Mut'a.

All Muslims believe that the Qur'an is complemented by the way and examples set by Muhammad (S), this is called "(his) way" (Arabic: Sunnah). Initially, much of the Sunnah was transmitted between people orally. Although some collection are claimed to be early written reports of the Sunnah, most of it remained in oral traditions until 800 AD. This produced chains of narrators that spanned several generations and also several traditions that became considered as fabricated. Since the names of the narrators were included in the oral traditions themselves, the Scholars used different methods to determine which ones to trust and regard authentic. This became known as the Science of hadith (Ilm Al-Hadith).

Hazrat Umar ibn al-Khattab (RA) ruled the Muslim community from 634 (AD) to 644 (AD). While Shi'i view him as an unprincipled usurper, Sunni view him as a Rightly Guided Caliph (Calipha-e-Rashid). As narrated in the Hadith of Hazrat Umar's (RA) speech of forbidding Mut'a, Umar (RA) banned "Mut'a" during his time as Caliph.
While Shi'i are prone to interpret that Hazrat Umar (RA) was the first one to historically ban Nikah-e-Mut'a and Mut'a of Hajj, Sunnis view that Nikah-e-Mut'a had already been abrogated by Hazrat Muhammad (S) and Hazrat Umar (RA) was merely re-enforcing Muhammad’s (S) practice.Sunni Muslims deem Nikah-e-Mut'a to have been abrogated (Arabic: Naskh) by some teachings of Hazrat Muhammad (S) that were not part of the Quran, while Shi'i Muslims disagree. Hence, according to Shi'i jurisprudence, it is a presently legal marriage form.