Nikāḥ Al-Mutʿah (Temporary Marriage)
Temporary Marriage is recognized by the Shiite sect of Islam, as well as the school of
Hanbali in certain circumstances. Temporary marriages, or Nikāḥ al-Mutʿah, were allowed in the Jāhilīyah period. Both Shiites and Sunnis agreed upon the permissible of temporary
marriage at certain point of time.[1]
The Sunnis believe these marriages were
initially allowed by the Prophet Mohammad; however, the
second Caliph ‘Umar ibn Khattab outlawed
it in the seventh century A.D.[2]
The Shiites, however, viewed ‘Umar’s decision as
unbinding and particularly the Twelver
Shiites. They believe that the authority for a Nikāḥ al-Mutʿah marriage is in the
Quran as mentioned in Sūrat An-Nisa’:
“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.”[3]
By
its revelation this verse in effect confirmed an existing situation; and it
emphasized that men must fulfil their promises concerning the agreed upon sum.
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 Qurʼānic
verse even though the literal meaning of the word is 'to seek benefit' or 'to
take enjoyment'. The verse explains that a man may “profit by,” or have sexual
relations with, a woman as long as he pays a dowry.
Nikāḥ al-Mutʿah has four requirements:
(1) a set length of time and (2) a specified dowry (3) The Formula (Sighah)
and (4) Spouse (Wife). Guardian and witnesses are not needed to perform this
marriage. Nikāḥ al-Mutʿah marriage contract can
be anywhere between one hour and ninety-nine years.[4]
The contract is void without a dower; however, the marriage may be a permanent
one if the length of time is not specified.[5]
There can be no divorce in temporary marriages; however, the husband may end
the marriage contract by paying the entire dowry. However, after the
separation, the women would not inherit anything. Additionally, all children
born to a Nikāḥ al-Mutʿah according to Shiites are
legitimate.[6]
Men
may temporarily marry as many women along while being married to as many as
four permanent wives. Women, however, may only have one temporary marriage at a
time and must wait for two menstrual cycles before her next temporary marriage,
in order to identify the father should she get pregnant.[7]
Comparing
the views on Mutʿah (Temporary Marriage) between Shiite and Sunni Authorities
The most important verse of the Qurʼān which
establishes the legitimacy of Mutʿah
is verse 24, Surat an-Nisa’, known to all ḥadīth commentators of
Sunnis and Shi’a as “the verse of Mut’ah.” This verse provides a clear
and unshakeable permission for the practice of temporary marriage. The main
verse is:
[Forbidden
to you] are married woman, except what your right hand possesses. This Allah
has written for you, and all other women besides these are permitted to you, so
that you may seek them out with your wealth, seeking chastity and not
fornication. So when you have contracted temporary marriage [istimt'atum]
with them, then give them their words. There is no sin on you for whatever you
agree to after this. Indeed, Allah is Knowing, Wise.
The Shiites’ View
Mutʿah
considers as one of importance belief in Shi’a sect and has tried to keep it
alive as an institution of Islamic society. Shi'a law is often referred to as
the 'Ja'fari school of law', and the Shiite calls Abu Ja'far Muhammad al Tusi
(death. 460/1068) the 'Elder of the Denomination' (Shaykh at-tāifah),
since he is the founder of Shi’a demonstrative jurisprudence (al-fiqh
al-istidlālī);
in other words, he was the first person to give Shi’a law a systematic basis.
Hence, Shiite often referred to his school of law.
In the case of Mutʿah, Imam Ja'far considered
Mutʿah a divine mercy by
means of which people were saved from the sin of fornication and delivered from
God's retribution. He propagated that Allah has given Mercy to all mankind and
it is considered arrogant to not make use of this mercy. Concerning the Qur'anic
verse in Surat Fāthir;
“Whatsoever
mercy God opens to men, none can with old.”[8]
The Imam Ja'far said: “I do not like a man to leave this world
without having married temporarily, even if only on one occasion.”[9]
The link between this verse and statement explains the necessity of avail these
opportunities as mercy.
Referring
to verse mentioned above, the Shiites affirm that the Arabic term 'istamta'tum'
is a reference to Mutʿah (temporary
marriage) by making use of ḥadīth sources to justify their
interpretation. The Qur’an remains the primary source of interpretation and if
the term is studied from within the context of the verse and via the
overarching narratives of the Quran. Shiites also used traditional Sunni commentaries
to affirm their position. For example, used ḥadīth that narrated by Abu
Nadhra:
“I read
for Ibn Abbās, may
Allah be pleased with him, “Then as to those whom you sought enjoyment from,
give them their dowries as appointed” and he said to me, “Then as to those whom
you seek enjoyment from for a prescribed time.” I said, “We do not read it like
that.” Ibn Abbas said, “By Allah, it was revealed like that.”[10]
The
above authentic narration demonstrates two important aspects; firstly, to the
indication of the great companion Abdullah Ibn ‘Abbas, which the verse 24 in Surat
An-nisa’ is indeed referring to temporary marriage. Secondly, one notices
that Ibn ‘Abbas added the term “for a prescribed time” (ajilin musama)
to the verse. In fact some argue there is no any verse came after the verse of Mut’ah
was revealed to abrogate it. As mentioned in Tafsīr
al-Kabīr:
“Imran Ibn Husain narrated, “The verse of Mut’ah was revealed in
the book of Allah, and there did not come any other verse after that to
abrogate it; and the Prophet ordered us to do it, so we did it at the time of
Allah's Apostle”[11]
To prove
the legitimacy of Mut’ah, Shiites prove in two approaches; firstly by
giving the selection of ḥadīths from Ṣaḥīḥ al-Bukhārī and aḥīḥ
Muslim that stated the permissible of Mut’ah
and secondly, affirming by giving their sources of ḥadīths. On this
issue; these first three ḥadīths explain that it was indeed
the prophet actively permitted, nay encouraged, his followers to perform Mut’ah,
and then 'Umar forbade Mut’ah and numbers of companions opposed it. The
later part it becomes controversial between Shiites and Sunnis. The ḥadīths
are as follows:
“Narrated by 'Abdullah: We used to participate in the holy battles led by Allah's Apostle and we
had nothing (no wives) with us. So we said, "Shall we get ourselves
castrated?" He forbade us that and then allowed us to marry women with a
temporary contract and recited to us: -- 'O you who believe! Make not unlawful
the good things which Allah has made lawful for you, but commit no
transgression.' (5.87)[12]” - Ṣaḥīḥ al-Bukhārī
Salama
b. al. Akwa' and Jabir b. Abdullah reported: Allah's Messenger (May peace be
upon him) came to us and ordered us to contract temporary marriage.[13] - Ṣaḥīḥ Muslim
“Abd Nadra reported: While I was
in the company of Jibir, a person came and said: There is difference of opinion
among Ibn ‘Abbas and Ibn Zubair about two Mut'ahs (benefits, Tamattu
in Hajj and temporary marriage with women), whereupon Jibir said: We have been
doing this during the lifetime of Allah's Messenger (May peace be upon him),
and then 'Umar forbade us to do so, and we never resorted to them.[14] - Ṣaḥīḥ Muslim
The above ḥadīth’s
translation mentioned the reality of temporary marriage has not only a pretext
in the Qur’an and the Prophetic Traditions, but was practiced by respected companions and their disciples. Besides, Ibn ‘Abbas was one of
the most prominent companion to consider Mu’tah legitimate, and his
disciples Saeed Ibn Jubayr and Tawoos reached similar rulings. The companions
who are considered by the Sunnis all to be pious upright individuals, debated
over this issue and some of them ruled on Mut’ah’s legitimacy. The list
of companions who permitted this is extensive, but Ibn Hazm, lists some of
them:
“After the Prophet Mohammed’s
death, Mutah was considered to be permissible by Ibn Mas’ood, Muawiya, Abu
Sa’eed, Ibn Abbas, Salama, the sons of Ummaya Ibn Khalaf, Jabir, Amr Ibn
Huraith…and from the tabi’een (second generation of Muslims) it was considered
permissible by Tawoos, Saeed Ibn Jubayr, Ataa’, and all the jurists of Makkah.”[15]
Ibn
Batal said: “The People of Mecca and Yemen narrated from Ibn Abbas that Mut’ah
is permissible. It is narrated by a weak chain that Ibn ‘Abbas revoked its
permissibility. His considered Mut’ah to be permissible is more
verifiable, and that is the school of the Shia.”[16]
According to Shiite authority itself, Mut’ah is
highly encouraged and whoever performs Mut’ah, Allah S.W.T will elevate
his position. Furū’ Al-Kāfī is one of the four Shiite books of ḥadīth; of the four, it is considered the most authoritative and
authentic. The Imam says:
“One who engages in Mut’ah
once in his lifetime reaches the status of Imam Al-Hussain. One who engages in
it twice becomes equal in status to Imam Al-Hasan. The one who performs it
three times reaches the position of Imam Ali. And he who practices it four
times acquires the level and position of the Prophet Muhammad.”
This is pure blasphemy to say that all a man has to do to
get to the level and position of the Prophet is to have Mut’ah with four
women. To say that a man who engages in prostitution can in any way, shape, or
form be compared to the Prophet is heresy.
Here is some more
Shiites ḥadīths from Al-Kāfī:
1.
Abaan Ibn Tulugh related that he said to
Imam Jafar as-Sadiq, “Often during my travels I come across a very beautiful
woman and I am not sure if she has a husband or if she is an adulterous or if
she is one of dubious character.” The Imam responded, “Why should you worry
about all of these things? Your duty is to believe what she says, and if she
says that she has no husband then you should engage in Mut’ah with her.”
2.
Zanaarah said, “I asked the Imam: ‘with
how many girls can one do Mut’ah with?’ He replied, ‘with as many as you
like; they are like hired girls.’”
3.
“If a man contracts Mut’ah once in
his lifetime, Allah will grant him paradise.”
4.
“If a man does Mut’ah, he is saved
from shirk.” [17]
According to Qur’anic verse and ḥadīth evidences for legitimacy of Mut’ah derived from
Shiite sources and Sunnis sources itself, the Shiites concluded that Mutʿah is
permissible and in fact, some Sunni’s scholars also agreed upon legitimacy. In
the next paragraphs, we will analyze how Sunnis defend their position and claim
that the verse of Mut’ah has been abrogated and it considers illegitimate and
immoral.
The
Sunni View
As was mentioned above, the Sunnis agreed that
at the beginning of Islam Mut'ah was permitted. Those Sunnis who hold
that the Qur'anic verse mentioned above 4:23 does indeed refer to the
permissibility of Mut'ah also maintain that the verse was subsequently
abrogated (naskh) by other Qur'anic verses. However, not all Sunni
authorities forbid Mut’ah, Ahmad ibn Hanbal, a 9th century Sunni Islamic
scholar, he is considered the founder of the Hanbali school of Islamic
jurisprudence writes: “Ibn Abbas and other party amongst the Sahaba narrated traditions
that Mut'ah is halaal, and Ibn Hanbal also said that it was practicable”[18]. Thus, Hanbali school of
Islamic jurisprudence followed the view of Ibn Abbas and other another Sahaba
said that Mut'ah can be utilised when needed.
In order to reject the idea of Mut’ah,
The Sunni authorities exclude Hanbali school offer three arguments to prove
their point: other than Qur'anic verses, the sermon of 'Umar banning Mut'ah,
and ḥadīth of the Prophet transmitted by the Companions.
1.
Qurʼānic Argument
Not to
deny that there is verse provides a clear and unshakeable permission for the
practice of temporary marriage in the verse 24, Surat An-nisa’. However,
according to the Prophet's wife 'A'isha and
others; Mut'ah is forbidden and abrogated[19] in the Qur'an where Allah
says: Prosperous are the believers ... who guard their private
parts save from their wives and what their right hands own.[20]
It must be
remembered here that a Mut'ah relationship makes a woman neither a wife
nor a slave girl of a person, whereas the Qur’an specifically restricts sexual
relationships of a person with these two. It should be noticed that the
particular word used by the Qur’an in the referred verse translated as
"wives" is "azwaj" plural of "zaujah".
In the classical Arabic language, a woman with whom a person had entered into a
contract of Mut`ah was called the "Mamtu'ah" of the
person, she was not referred to as the "zaujah" of the person.
The verse therefore is clear evidence to the fact that no other relationship besides
the one based on Nikah was allowed by Islam. On the other hands, Women of Mut’ah
would not inherit anything, if she were a wife; she and
her husband would inherit from each other, since Allah says: And for you a half of what
your wives leave.[21]
In this case, the permissibility of
Mut'ah is invalid in current time as the verse had been abrogated by other verses of Qur’an and the
concept itself contradicts with the concept of Nikah.
2. The Sermon of 'Umar Banning Mut'ah
Besides the
existence of all these clear texts which prove the legality of the mut`ah
marriage, we cannot find a solution for this complex except that caliph `Umar
followed his own ijtihad in order to achieve a social benefit which he,
according to his own insight, saw the Muslims of his time and days required him
to prohibit the Mut`ah a civil prohibition, in order to serve a temporal
interest, not a religious prohibition, since caliph `Umar is greater and is
Islamically above prohibiting what Allah has permitted or incorporating in the
religion what has nothing to do with the religion. It has, therefore, to be a
civil prohibition, not a religious one. His strict stand vis-à-vis the mut`ah
marriage is not the first of its kind, for he is known to be tough and harsh in
all his affairs and applies his personal ijtihad seeking the higher benefit, in
his view, for Islam and the upholding of the Shari`ah. ‘
Umar ibn
Al-Khattab had mentioned in his sermon on banning Mut’ah and the Shi’ites argue that his prohibition was based
on 'independent judgment'[22] (ijtihad) and baseless. However, the sermon is supported by numbers of ḥadīth
that mentioned prohibition of Mut’ah had occurred in the time of prophet
and basically is not merely independent judgement of ‘Umar. ‘Umar said in his
sermon:
“There were two
types of Mut`ah during the lifetime of the Messenger of Allah, I ban them and
shall punish anyone who breaks this rule, one is Mut`ah with women and the
other is Mut`ah of Hajj.”
In order to
explain it, Al-Baihaqī portrayed in his book:
“We have no doubt
that Mut`ah was (allowed) during the lifetime of the Prophet. However,
we found that he (peace be upon him) forbade Mut`ah marriage in the year
of the Conquest of Mecca after permitting it. Then we did not find that he
(peace be upon him) permitted it after forbidding it until he (peace be upon
him) met his Lord. Thus forbidding Mut`ah marriage on the part of `Umar
ibn Al-Khattab (may Allah be pleased with him) was in accordance with the Sunnah
of Allah's Messenger (peace be upon him). Thus we act according to this.”[23]
Thus, to conclude,
`Umar ibn Al-Khattab did not ban Mut’ah based on his will and own
judgement but rather he acted in accordance with the Sunnah of Prophet
and also.
3. Hadith Forbidding Mut’ah
In Sunni sources, the ḥadīth forbidding Mut’ah are considered Mutawattir,
meaning that they have been transmitted so many times and by so many people
that there is no doubt as to their authenticity. The ḥadīths are as follows:
“Sabra
al-Juhanni reported on the authority of his father that while he was with
Allah's Messenger (May peace be upon him) he said: 0 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 then (as dower).”[24]
“'Ali b.
AbiTalib reported that Allah's Messenger (May peace be upon him) prohibited on
the Day of Khaibar the contracting of temporary marriage with women and the
eating of the flesh of domestic asses.”[25]
“'Ali (Allah be pleased
with him) heard that Ibn Abbas (Allah be pleased with them) gave some
relaxation in connection with the contracting of temporary marriage, whereupon
he said: Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allah's
Messenger (may peace be upon him) on the Day of Khaybar prohibited forever the
doing of it-And eating of the flesh of domestic asses.”[26]
“Iyas b. Salama reported
on the authority of his father that Allah's Messenger (may peace be upon him)
gave sanction for contracting temporary marriage for three nights in the year
of Autas 1847 and then forbade it.”[27]
These are some of authentic ḥadīths by Sunnis’ sources to identify the chronology of
permissible Mut’ah to the time that prophet forbade it, and to affirm
that prophet had mentioned several times.
[1] Asghar
Ali Engineer, The Right’s of Women in Islam (New York: Sterling
Publishers PT. LTD, December 1, 2004), 27.
[2]
Shahla Haeri, Power of Ambiguity: Cultural Improvisations on the Theme of
Temporary Marriage (Iran: International Society for Iranian Studies, 1986),
123-124.
[4]
Shahla Haeri, Power of Ambiguity: Cultural Improvisations on the Theme of
Temporary Marriage (Iran: International Society for Iranian Studies, 1986),
125.
[5] Jamal
J. Nasir, The Status of Women under Islamic Law and Modern Islamic
Legislation (Brill, Second Edition, 1994), 18.
[7]
Haeri, Power of Ambiguity, 125.
[8] Abdullah Yusuf Ali, Meaning of Qurʼān,
35:2
[9] Shaikh al-Hur al-Aamili, Wasā'il al-Shīʿa, (Dubai: Al-Dar Al-Amira, 2010) XIV, 444,
ḥadīth 13.
[10]
Al-Hakim, Mustafa 'Abdal Qadir 'Ata, Al-Mustadrak 'ala al-Sahîhayn (Bayrūt: Dar
Al-Kotob Al Ilmiyyah) Vol 2, 276.
[12] Muhammad
Muhsin Khan, trans., Imam al-Bukhārī, The Translation of the Meanings of
Ṣaḥīḥ al-Bukhārī: Arabic-English (United States: Dar-us-Salam, First Ed. June
1997), Vol 7, Book 62, Hadith No. 013A.
[13] Nasiruddin
al-Khattab, Trans., Ṣaḥīḥ Muslim (United States: Dar-us-Salam, 2007) ,Vol 2, Book 8, No. 3247
[14] Ṣaḥīḥ Muslim, Volume 2, Book 7, No. 2874
[15] Ibn
Hazm, Muntaqa, Volume 2, Page 520
[16]
Fathul Bari, Ibn Hajar, Volume 9 Page 73
[17] Muhammad ibn Ya‘qūb al-Kulaynī, Furū’ al-Kāfī (Bayrūt: Mu’assasat
al-A‘lamī lil-Maṭbū‘āt, 2005), Vol 2, 196.
[18]
Al-Bidayah wa al-Nihayah Volume 4 and p. 94, Dhikr Khayber
[19] Abi
Bakr al-Ansari al-Qurtubi, Al-Jami' li ahkam al-Qur'an,” (Cairo, 1967), V,
130.
[20] Abdullah Yusuf Ali, Meaning
of Qurʼān, 23:1-6
[21] Abdullah Yusuf Ali, Meaning
of Qurʼān, 4:12
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