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)