Ghulam Ghaus Siddiqi, New Age Islam
Mut’ah or Nikah al-Mut’ah literally
means “pleasure marriage” and is commonly known as temporary marriage. Mut’ah
is a private and verbal temporary marriage in which a person marries a woman
for some stipulated time on the conditions of a particular amount of money.
to the Sunni Islamic Jurisprudence, the Mut’ah Marriage is forbidden.
Once this temporary marriage was permissible in the beginning of Islam but soon
it was abrogated and declared Haram (forbidden) until the Day of
Judgment. This is known from the following hadith;
ibn Sabrah al-Juhani narrated that his father informed him that he was with the
Messenger of Allah (peace be upon him). The Prophet said, “O people, I allowed
you to engage in Nikah al-Mut’ah, but now Allah has forbidden Mut’ah
until the Day of Judgment; so whoever has any wives in a Mut’ah
marriage, he should let her go, and do not take anything of the (money) you have
given them.” (Sahih Muslim, Hadith-1406)
hadith, Hazrat Ali (may Allah be pleased with him) is reported to have said
that the Messenger of Allah (peace be upon him) forbade Mut’ah marriage
and the meat of domestic donkeys at the time of Khaybar. As per another
narration, the Prophet forbade the mut’ah marriage in Khaibar and he
forbade the meat of tame donkeys. (Sahih al-Bukhari, Hadith-3979, Sahih Muslim,
marriage is still practiced among Twelver Shias and Rafidis. However Zaidi
Shias do not practice the Mut’ah marriage after knowing that Hazrat Ali
(may Allah be pleased with him) said that Mut’ah was abrogated by the
Prophet (peace be upon him) himself.
Some of the
Twelver Shias and Rafidis cite the report of Hazrat Ibn Abbas which permitted mut’ah
marriage. Sunni theologians refute this report with the explanation that Hazrat
Ibn Abbas reported permissibility of Mut’ah marriage at a time when he
did not know about abrogation of Mut’ah marriage. But when Hazrat Ibn
Abbas came to know, he too supported the impermissibility of Mut’ah.
They cite the following hadith as evidence in this regard;
narrated from Hazrat ‘Ali that when he heard Ibn Abbas permitting mut’ah
marriage, he said, “Wait a minute, O Ibn ‘Abbas, because the Messenger of Allah
(peace be upon him) forbade the mut’ah marriage on the day of Khaibar
and (also forbade) the meat of tame donkeys” (Sahih Muslim, Hadith-1407)
on the issue of Mut’ah marriage is still heated in the modern times.
Some Western scholars make arguments that mut’ah marriage approximates
prostitution. Julie Parshall writes that Mut’ah is a legalized form of
prostitution which has been sanctioned by the Twlever Shia authorities. Quoting
the Oxford encyclopedia of modern Islamic world, she differentiates between
marriage (nikah) and Mut’ah and states that while Nikah is for
procreation; Mut’ah is just for sexual gratification. (Julie Parshall,
Lifting the Veil: The World of Muslim Women)
popular Indian Hanafi Jurist, Alahazrat Imam Ahmad Raza says in reply to a
question about temporary marriage, “A Nikah in which a time period is
stipulated, for example, if the man says, I have taken you into my Nikah for two
years, or ten years, or one day (etc), and the woman says, I have accepted; or
(in the case) where the woman says to a traveler, for as long as you remain
here, I have made Nikah with you for the stipulated period of time, and the man
accepts this; then in this case the Nikah is invalid (illegal) and to annul (Faskh)
is compulsory (Waajib).” In his lengthy reply, he quotes from Durre Mukhtar the
(temporary marriage) is invalid (illegal). Similarly, that Nikah which is done
with a condition of a time period is improper, even if it is not for a
stipulated time period, or (even) if it is for a very long period of time, such
as for three years, then too, the correct ruling is that, it is improper” (Ala
Hazrat, Fatawa Afriqa, p.127-132)
according to Sunni-Hanafi Jurisprudence, Mut’ah marriage is forbidden.
The basic principle related to marriage is that it should be permanent and
ongoing, and therefore the temporary element of the contract makes it invalid.
Allah Almighty has made Nikah/marriage one of His Signs for the mankind to
think and ponder. He has made the wife a source of tranquillity for the husband
and wants the spouses to develop love and compassion between them. He has
imposed their mutual rights towards each other; which in the case of Mut’ah
marriage can’t be fulfilled.
regular Columnist with NewAgeIslam.com, Ghulam Ghaus Siddiqi Dehlvi is an Alim
and Fazil (Classical Islamic scholar), with a Sufi-Sunni background and
English-Arabic-Urdu Translator. He has also done B.A (Hons.) in Arabic, M.A. in
Arabic and M.A in English from JMI, New Delhi. He is Interested in Islamic
Sciences; Theology, Jurisprudence, Tafsir, Hadith and Islamic mysticism
New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism
have given their evil practices the name of Islam.
us live with this fact!”. That is also a major problem. Muslims and
their “Learned” people seem to accept it as a fact.
I do not accept such things as Sunni Islam, Shia Islam or any of the
myriad Islams and their separate religions and even “evil”
practices as Islam; for the simple reason that verse 6-159 and many
others of Quran forbid it.
Rashid sb, the practices of Muslims today have made
us ashamed. This is not confined to Mutah practice but to several practices.
Islam is not seen in the practices of Muslims
today. They have given their evil practices the name of Islam.
Let us live with this fact!
What a shame that such a question
should even be asked! But then it is essential to expose such filth
of religions to send the criminals to jails.
Holy pimping and prostitution as
Mu'tah, Halala etc., have gained a place among Muslims and their
priests use the spurious props of religious Apocrypha as an element
of faith to ply their trade with. The dualism of Quran and Hadis is
essential for its success.
But folks, all religions, churches and
priests (generic terms) have the same problem; hence a moral
jihad should be waged by humanity against them.
Quran demands marriage to be done in fairness and good manner. The following is the extract:
Basit - Hussari - Minshawi - f
Alttalaqu marratani faimsakun bimaAAroofin aw tasreehun biihsanin wala yahillu lakum an takhuthoo mimma ataytumoohunna shayan illa an yakhafa alla yuqeema hudooda Allahi fain khiftum alla yuqeema hudooda Allahi fala junaha AAalayhima feema iftadat bihi tilka hudoodu Allahi fala taAAtadooha waman yataAAadda hudooda Allahi faolaika humu alththalimoona
Topics discussed in this Verse:[Divorce] [Dower]
A divorce may be [revoked] twice, whereupon the marriage must either be resumed in fairness or dissolved in a goodly manner.  And it is not lawful for you to take back anything of what you have ever given to your wives unless both [partners] have cause to fear that they may not be able to keep within the bounds set by God: hence, if you have cause to fear that the two may not be able to keep within the bounds set by God, there shall be no sin upon either of them for what the wife may give up [to her husband] in order to free herself.  These are the bounds set by God; do not, then, transgress them: for they who transgress the bounds set by God-it is they, they who are evildoers! - 2:229 (Asad)
The phrase, marriage must either be resumed in fairness or dissolved in a good manner, here implies Muslims have to respect marriage and to treat marriage to be in fairness or to be in a good manner. Is temporary marriage fair to both parties, either male or female? Is temporary marriage to be treated to be dissolved in a good manner? If the answer is no, temporary marriage contradicts against Quran.
The phrase, These are the bounds set by God, here can mean the marriage is a bound set by God. If marriage is a bound set by God, Muslims should treat marriage as sacred, since God is the one that sets bound of marriage between couples. If that is so, it is not right to have temporary marriage, since temporary marriage disrespects the marriage bound set by God. Couples take the marriage bound that is set by God too easily. They marry and sleep in bed for an hour and divorce a minute later and continue with another people. They take the marriage bound from God lightly without respecting what God has bound seriously.