Prohibition by Hazrat Muhammad (S) (Part 2)

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)

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

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

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)

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)

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:

1. And (also forbidden are) all married women except those whom your right hands possess (this is) Allah's ordinance to you,
2. and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication.
3. 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)

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)

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

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)

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)

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

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.