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.