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Islamic Q and A (05 Oct 2019 NewAgeIslam.Com)

Is Mut’ah or Temporary Marriage Valid or Invalid?

By Ghulam Ghaus Siddiqi, New Age Islam

04 October 2019

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.

According 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;

Al-Rabee’ 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)

In another 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, Hadith-1407)

The Mut’ah 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;

It was 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)

The debate 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)

A very 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 following comment;

Mut’ah (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)

Thus, 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.

A 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 (Tasawwuf).

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  • I have gone through the article and the letters posted.Muttah marriage is nothing but legalised prostitution .If you consider it  simply a local Arabic practice, it will generate the essential guts to declare it bad. Islam is nothing but a euphemism for Arabian imperialism.Arabic tinge must be removed from Islam . Who can do that ?? ..Million dollar question..

    By Dr.A.Anburaj - 11/2/2019 1:50:19 AM

  • There was no advice for you, Rashid sahib
    By Ghulam Ghaus Siddiqi غلام غوث الصديقي - 10/29/2019 4:57:06 AM


    By Tah - 10/16/2019 1:00:51 AM

  • GGS, Wrong question. These things ARE happening, but I do not not accept to LIVE with them as Fact, as you advise me to do.
    Humans try to remove the DIRT around them when they see it. That is and should be natural thing to do. I think you too are trying to do the right thing by exposing what is filth/evil because you seem to care to “change the situation” and that is commendable Sir.
    By Rashid Samnakay - 10/8/2019 12:41:08 AM

  • Today the situation of Muslims is
    Khud ko badalte nahi Quran (ke mafhoom) ko badal dete ہیں. 

    By GGS - 10/7/2019 10:38:33 PM

  • Rashid sir, If you don't accept such things happening, then why are we concerned about? 
    By GGS - 10/7/2019 10:37:10 PM

  • GGS Saheb

    They have given their evil practices the name of Islam.

    Let us live with this fact!”. That is also a major problem. Muslims and their “Learned” people seem to accept it as a fact.

    No, 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.

    By Rashid Samnakay - 10/7/2019 7:04:35 AM

  • Rashid sb, you say "hence a moral jihad should be waged by humanity against them"
    Can you expect success against this community whose conscience is dead?

    By GGS - 10/7/2019 4:04:42 AM

  • 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!

    By GGS - 10/7/2019 2:35:37 AM

  • This Misyar is approved by Wahhabi scholars. But they call themselves Sunnis, while the Sunnah does not support Misyar and any other similar marriages. 
    By GGS - 10/6/2019 9:59:52 PM

  • Sunni Muslims in Egypt also do this temperory marriage , but they dont call it Mutah, they call it Misyar
    misyar marriage (Arabicنكاح المسيار‎, romanizednikah al-misyar or more often زواج المسيار zawaj al-misyar "traveller's marriage") is a type of marriage contract in Sunni sects of Islam (some aspects are similar to mutah marriage in Shia Islam)

    By Shan Barani - 10/6/2019 6:48:17 PM

  • 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.

    By Rashid Samnakay - 10/6/2019 6:48:03 PM

  • Quran demands marriage to be done in fairness and good manner.  The following is the extract:

    Al-Baqara (The Cow) - 2:229  [read in context] 
    الطَّلاَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَا أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللّهِ فَأُوْلَـئِكَ هُمُ الظَّالِمُونَ (2:229)

    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. [217] 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. [218] 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.

    By zuma - 10/6/2019 5:37:28 PM

  • Do we have to go researching the Quran or the Hadiths to find out if Mut'ah marriage is a sin or not? Can't we decide that on our own?

    By Ghulam Mohiyuddin - 10/6/2019 12:18:13 PM

  • Arshad sb, 
    This verse Quran 17:32, is controversial so much that it can't be applied to make Muta forbidden.
    This is not explicit. 
    Zina and Muta are two different things. 
    If Arshad sb thinks both are the same thing then he should issue Fatwa against Shias and Rafizis because in his opinion they are Committing Zina. 

    By Talha - 10/6/2019 4:05:18 AM

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