Mut'ah or
Temporary marriage is legal (Halaal) and allowed in both Holy Qur'an [4:24] and
Shia Islam. However, Sunni Islam consider it forbidden (Haraam). Shia Islam
considers both Nikah (Permanent marriage) and Mut'ah (Temporary marriage) as
blessing of God, to save one's self from various sexual sins.
The major
difference between Nikah (Permanent marriage) and Mut'ah (Temporary marriage)
is that Mut'ah is contracted for a particular period. There is no divorce
(Talaaq) in Mut'ah, when the period end the contract of Mut'ah also ends.
All
scholars of both Shia and Sunni branches of Islam agree to the fact that Mut'ah
was practised during Prophet Mohammed's time, rather Prophet Mohammed himself
allowed his companions to contract Mut'ah, specifically while they undertook
voyage/ journey. Mut'ah was practised even prior to advent of Prophet Mohammed
among Arabs, but their concepts were unregulated and rude.
Islam
forbids fornication, adultery and other various sexual sins. On other hand,
Islam takes care about carnal desires and thus provide for concept of marriage.
Islam requires its followers to refrain from both sexual sins as well as
celibacy. Prophet Mohammed declared, "That to marry is my custom and the
one who avoids my custom is not from among my followers". Prophet Mohammed
is also reported to have declared that marriage should be made so easy that task
of fornication/ adultery (Zinaa) should become tiresome
in comparison to it. Mut'ah no doubt is easiest marriage.
Mut'ah
(Temporary marriage) like Nikah (Permanent marriage) is contracted by 'Aqd/
marriage fomula' along with 'Mehr/Payment made to bride', thus there is no
issue left to call it illegal.
Nikah (Pemanent
marriage) requires husband to provide wife with food, clothing, housing,
medical aid, sexual satisfaction etc. Nikah apart from safeguarding from sexual
sins provides base to make family and have babies. Mut'ah (Temporary marriage)
aims more towards safeguarding from sexual sins in critical periods where
possibility to commit sexual sins become very high, like in: journey,
menstruation, postpartum time, health issues, moments when possibility to
commit sexual sins become very high and unavoidable. Remember, Prophet Mohammed
said, "make marriage so easy that task of fornication/ adultery (Zinaa)
should become very tiresome in comparison to it".
Although,
sole aim of Mut'ah is to safeguard one's self from sexual sins; pregnancy from
Mut'ah is considered legal in Shia Islam, and just like in Nikah; title of child from Mut'ah also falls upon child’s father.
Since,
sole aim of Mut'ah is to safeguard against sexual sins, it has no
specified limits for time, and thus Mut'ah could be for little time (as some
minutes, hours, days, weeks, months) up to several years. A very long period
ie: many years or life-time turns Mut'ah into Nikah.
With
regards to other duties of husband like providing food, clothing, housing,
medical aid, sexual satisfaction etc to wife like in case of Nikah, Mut'ah also
allows the spouses the same, provided those clauses are mentioned in the
contract of Mut'ah. Else, Mut'ah don't obligate husband to provide for wives. To be specific, Mut'ah is
such a contract where future spouses specify clause by clause each duty/
obligation, where as in Nikah everything is standard. Mutah allows would be
spouses provide clauses in contract with regards to: to have sexual relations,
abstain from any sexual relations, inherit, not to inherit, provide food,
clothing, housing, medical aid etc or not to provide. Thus, Mut'ah is a custom
made contract.
Nowadays,
Muslims to marry enter in engagement before that; to know each other better,
they talk, dine, travel with each other but in opinion of Islam such acts are
forbidden (Haraam) and amount to sexual sins. Current trends are no excuse!
Thus for Shia Muslims who allow Mut'ah, Mut'ah is a good agent to know each
other before marriage when they start their family with Nikah (permanent
marriage). No reason to accuse Mut'ah with premarital sex, since Mut'ah allows
it to be contracted with terms that no sexual relations would be made between
couple.
Mut'ah is
perfect solution to enter into the state of Mehram (relative male/ female),
since, Islam forbids Muslims to freely intermingle with Non-Mahram (non-Relative),
and women are required to maintain Hijab (Cover body in front of unrelated
men).
Mut’ah
differs itself from Nikaah on several other aspects as well, since its core
motives are to safeguard society against sexual sins, simplify marriage
to satisfy carnal desires through rightful means and practise chastity.
Unlike Nikah, Mut’ah doesn’t have divorce, thus when the term ends the Mut’ah
is over. Since, there is no divorce in it; there is also no concept of Halaala
(marrying another man after divorce and getting divorce from latter to re-marry
previous husband). One more reason for this is that Mut’ah can’t be re-adjusted
with new terms and condition while the contract is working. Thus, if the woman
marries the same man once again they have just to re-enter a new contract
either through Mut’ah or Nikah, there is no condition of Halalaa or Iddat
(waiting period before remarriage).
However,
in case the spouses don’t want to re-marry each other, and if the woman is
about to marry another man, she has to observe iddat (waiting period before
re-marriage). The iddat of Mut’ah as stated in one narration of 5th
Imam Mohammed Baqir and yet another narration of 8th Imam Ali Reda
is 2 months (2 menstrual cycles). However, if the husband dies the waiting
period is similar to such case in Nikah, which is 4 months and 10 days (calendar
period); this too is contextual from the narration of 5th Imam
Mohammed Baqir.
If
arguments are raised upon Mut'ah, about lack of family values since it is time
bound, then although Nikah (Permanent marriage) is permanent but is never free
from possibility of divorce (Talaq). In Mut'ah however, it lacks the process of
divorce (Talaq) since it ends with the completion of term/ period. Another accusation raised
against Mut'ah is that spouses don't inherit from each other; thus it amount to
prostitution. Mut'ah allows spouses to inherit from each other provided that
they have made it a clause in the contract, thus to accuse Mut'ah as
prostitution is a blatant lie. One reason why Mut’ah is not prostitution is
because Mut’ah could not be done with prostitutes, and woman needs to observe
iddat to marry another person. Mut’ah could not be done with un-marriageable
person (sister, brother etc). Mut’ah could be done with either Muslim or Ahlul
Kitab (Christian and Jews) in case of men, and only with Muslims in case of
women. Men can have any number of Mut’ah in addition to maximum four Nikah
wives, provided each and every contract is respected, where as women can have
just one husband at a time just like in Nikah.
A society
which practises Mut'ah, in that society fornication, adultery, prostitution and
various other 'Zinaa' along with other sexual crimes find them difficult to
survive. In that society, people are not sexually starved, rather sexually
satisfied, and acquire high level Islamic chastity. Prophet Mohammed asked his
followers to keep marriage easy in comparison to fornication/ adultery (Zinaa).
Those who forbade Mut'ah on themselves have done nothing but opened the doors
of Zinaa on themselves.
All Shia
and Sunni agree to the fact that Mut'ah was legal, but Sunni now consider
Mut'ah forbidden (Haraam) on basis of several hadith (Prophet's narration) from
Sahih Bukhari, that Mut'ah became forbidden (Haraam) during siege of Khaybar.
Shia consider Sahih Bukhari as unreliable book. Verse of Qur'an could not be
negated by a hadith which involve several people in chain of narration. Moreover,
other hadith nullifies the claim of the above hadith.
The
person who forbade (Haraam) Mut’ah out of no valid reason and having no
authority to do so was Umar s/o Khattab the second caliph. Umar Khattab forbade
both Mut’ah marriage and also Mut’ah of Hajj (Hajj Ta’Mattu) that is break
between Umra (lesser pilgrimage) and Hajj (greater pilgrimage), forbidding any
is inconvenience. Umar Khattab’s famous sermon is recorded in Sunni Hadith book
‘Musnad Ahmed ibn Hanbal’; he declared that if he found anybody doing any of
the two things, he would severely punish that person. 1st Shia Imam
Ali son of Abu Talib when he became fourth caliph; he reversed the order of
Umar, and thus once again it became legal for those who considered it forbidden
on orders of Umar.
Sunni Imam Abu Hanifa who was also student of 6th
Shia Imam Ja’far Sadiq once asked Imam Ja’far Sadiq that: isn’t Mut’ah forbidden
(Haraam)? Imam Ja’far Sadiq replied by asking whether he (Abu Hanifa) hadn’t
read 24th verse of Surah Nisa’a, which allowed Mut’ah? Imam Ja’far
asked him: O Abu Hanifa which sin is greater Murder of Adultery? Abu Hanifa
replied: Murder! Imam Ja’far re-questioned him: then why does Murder require
two eye witnesses to convict the accused while Adultery requires four eye witnesses
to convict the accused? When Abu Hanifa remained silent, Imam Ja’far Sadiq
informed him that God allowed Mut’ah to save people from sexual sins, but God
knew; people will put barriers to the command of God, and a lot of accused
would be made guilty of adultery. Thus, out of mercy He put the condition of
four eye witnesses to convict the person accused of adultery, who would definitely
be difficult to produce! Imam Ja’far Sadiq in another narration from Hadith
book ‘Wasail ush Shia’ asks faithful men and women to do Mut’ah at least once
in life time.
Following
Ayat (verse) of Holy Qur'an legalise Mut'ah (Temporary marriage): Holy
Qur'an, Surah Nisaa (Chapter 4), Ayat (Verse 24)
وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا
مَلَكَتْ أَيْمَانُكُمْ ۖ كِتَابَ اللَّهِ عَلَيْكُم
وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَٰلِكُمْ أَنْ
تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ ۚ فَمَا
اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ۚ وَلَا
جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِ ۚ إِنَّ
اللَّهَ كَانَ عَلِيمًا
حَكِيمًا
Translation: And married women except prisoners of war are
forbidden for you by God, and legalized for you are beyond those,
that you seek with your wealth for marriage and not immorality, so do temporary
marriage (Mut'ah) with them, give them payment as obligated, and no blame is on
you that you agree upon after the obligation, for sure God is Knowing and Wise.
The word Mut'ah has although several meanings but when it is
used in context of marriage it means temporary marriage whose aim is to receive
pleasure through legal means and avoid sexual sins. 'M-T' the root letters
imply pleasure; Mut'ah and Istamta both signify temporary marriage in this
context.
Wa/وَ (and) almuhsanaatu/الْمُحْصَنَاتُ (the
secured, ie: already married) min/مِنَ (among)
an-nisaa'i/النِّسَاءِ (women) illa/إِلَّا (except)
maa/مَا (from) malakat/مَلَكَتْ (acquire)
aemanukum/أَيْمَانُكُمْ (on right), kitaab/كِتَابَ (book) Allahi/اللَّهِ (of
God) alaykum/عَلَيْكُم (on you) wa/وَ (and)
uhilla/أُحِلَّ (legal) lakum/ لَكُمْ (on you)
maa/مَا (from) wa/وَ (and) raa'a/رَاءَ (beyond)
zalikum/ذَٰلِكُمْ (those) an/أَنْ (that)
tabtaghu/تَبْتَغُوا (you seek) biamwaalikum/بِأَمْوَالِكُمْ (with
your wealth) muhsinina/مُحْصِنِينَ (secure, ie: marry),
ghaira/غَيْرَ (not) musafihina/مُسَافِحِينَ (immorality),
fam/فَمَا (so) astamta'tum/اسْتَمْتَعْتُمْ (do mut'ah/ temporary
marriage) bihi/بِهِ (from) minhunna/مِنْهُنَّ (them)
faatu/فَآتُو (you give) hunna/هُنَّ (them) ujura/أُجُورَ (payment)
hunna/هُنَّ (them) faridah/فَرِيضَةً (obligation), wa/وَ (and)
laa/لَا (no) junaaha/جُنَاحَ (blame)
alaykum/عَلَيْكُمْ (on you) fimaa/فِيمَا (with)
taraadaetum/تَرَاضَيْتُمْ (you agree) bihi/بِهِ (by)
min/مِنْ (from) ba'd/بَعْدِ (after) ilfaridah/الْفَرِيضَةِ (obligation),
inn/إِنَّ (sure) Allaha/اللَّهَ (God) kaana/كَانَ (is)
Aliman/عَلِيمًا (Knowing) Hakimaa/حَكِيمًا (Wise).
Oh Allah! Peace and Salutation be upon Mohammed and House-hold of Mohammed.
Oh Allah! Peace and Salutation be upon Mohammed and House-hold of Mohammed.