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."
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)."
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.
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.
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)
Posts
No comments:
Post a Comment