Nikah mut‘ah
Encyclopedia
is a fixed-term marriage in Shi'a Islam. The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term. The marriage is contractual and is subject to renewal. Financial payments may be made between the couple, usually with the male paying the female known as mahr
or dower
.
Nikāḥ al-Mut‘ah should not be confused with Nikāḥ-e-Misyar (المسيار)
, or Misyar marriage, one of the forms of non-conventional marriage in Sunni Islam
.
writes:
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.
, or prophetic statements and traditions, can be analyzed to fortify this position.
In the hadith collection of Tirmithy, Abdullah Ibn Abbas narrates:
A majority of Sunnis believe that Muhammad later abolished this type of marriage at several different large events, the most accepted being at Khaybar in 7 AH (629 CE) Bukhari 059.527 and at the Victory of Mecca in 8 AH (630 CE). Most Sunnis believe that Umar later was merely enforcing a prohibition that was established during Muhammad's time.
.
Tafsir:
Shia Muslims have "consensus" (ijma
) on interpretation of the following verse in the Quran.
al-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."
But sunni commentators in their Tafsirs are explaining that The phrase "Then give those of these women you have enjoyed the agreed dower" means the Permanent marriage.
. No other school of Islamic jurisprudence
allows it. According to Imam Jafar as Sadiq, "One of the matters about which I shall never keep precautionary silence (taqiyya
) is the matter of mu’tah."
Allameh Tabatabaei explains in Tafsir al-Mizan
, there are mutawatir or nearly mutawatir traditions narrated from the Shia Imams that Mut'ah is permitted. For example, it has been narrated from Muhammad al-baqir
and Ja'far al-Sadiq
that they said "regarding the [above] verse, and there is no blame on you about what you mutually agree after what is appointed." It means that he increases her dowry or she increases his (fixed) period.
According to Shia scholar Ali Khamenei
During the period of the marriage, the couple are 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.
(authorities) may give different fatwa
(legal rulings) on some issues. Many of the following rules may be changed in the Islamic marriage contract.
) of opinion, upon the fact that in the first period of Islam, Mut'ah was permissible, and The Prophet
during one of his journeys, when the Muslims were away from their wives and passing their time in much discomfort, gave them permission for fixed-term marriage.
There are hadiths in Sahih Bukhari permitting mut'ah, but then abrogating it.
There are several narrations regrding Sabrah ibn Ma'bad
reporting on the prohibition of Mut'ah.
" , due to its reference to Nikah Mut‘ah. Shias cite this verse as demonstrating the permissibility of mutah.
Fatāwa
from different marja
:
Mahr
In Islam, mahr is an amount of money paid by the groom to the bride at the time of marriage which she can spend as she wishes. The English concept of "dower", the gift of funds to the wife in the event she becomes widowed, closely approximates mahr. The terms "dowry" and "bride price" are...
or dower
Dowry
A dowry is the money, goods, or estate that a woman brings forth to the marriage. It contrasts with bride price, which is paid to the bride's parents, and dower, which is property settled on the bride herself by the groom at the time of marriage. The same culture may simultaneously practice both...
.
Nikāḥ al-Mut‘ah should not be confused with Nikāḥ-e-Misyar (المسيار)
Nikah Misyar
Nikah Misyar is a Muslim Nikah carried out via the normal contractual procedure, with the specificity that the husband and wife give up several rights by their own free will, such as living together, equal division of nights between wives in cases of polygamy, the wife's rights to housing, and...
, or Misyar marriage, one of the forms of non-conventional marriage in Sunni Islam
Sunni Islam
Sunni Islam is the largest branch of Islam. Sunni Muslims are referred to in Arabic as ʾAhl ūs-Sunnah wa āl-Ǧamāʿah or ʾAhl ūs-Sunnah for short; in English, they are known as Sunni Muslims, Sunnis or Sunnites....
.
Overview
Shi'a and Sunnis agree that Mut'ah was legal in the beginning, but Sunnis believe it was abrogated. Ibn KathirIbn Kathir
Ismail ibn Kathir was a Muslim muhaddith, Faqih, historian, and commentator.-Biography:His full name was Abu Al-Fida, 'Imad Ad-Din, Isma'il bin 'Umar bin Kathir, Al-Qurashi, Al-Busrawi...
writes:
- "There's no doubt that in the outset of Islam, Mut'ah was allowed under the Shari'ah".
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.
Sunni view
The hadithHadith
The term Hadīth is used to denote a saying or an act or tacit approval or criticism ascribed either validly or invalidly to the Islamic prophet Muhammad....
, or prophetic statements and traditions, can be analyzed to fortify this position.
In the hadith collection of Tirmithy, 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 majority of Sunnis believe that Muhammad later abolished this type of marriage at several different large events, the most accepted being at Khaybar in 7 AH (629 CE) Bukhari 059.527 and at the Victory of Mecca in 8 AH (630 CE). Most Sunnis believe that Umar later was merely enforcing a prohibition that was established during Muhammad's time.
Shia view
Shi'a believe that Umar ibn al-Khattab abolished it, not the prophet of IslamIslam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
.
- He did it during the third year of his reign, 15 ah (637 CE), 6 year after the revelation of verse 4:24, in the Hadith of Umar's speech of forbidding Mut'ah, but since he, according to them had no authority to do so, Umar's prohibition seems to be temporary and place specific, hence may be ignored (Muslim 2801 1, 2).
Quranic origin
Shia Muslims believe that this institution was established by God through the Islamic prophet Muhammad in the Qur'an. Its single mention in the Qur'an is verse 4:24.Tafsir:
Shia Muslims have "consensus" (ijma
Ijma
Ijmāʿ is an Arabic term referring to the consensus of the Muslim community. Various schools of thought within Islamic jurisprudence may define this consensus as that of the first generation of Muslims only; the consensus of the first three generations of Muslims; the consensus of the jurists...
) on interpretation of the following verse in the Quran.
al-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."
But sunni commentators in their Tafsirs are explaining that The phrase "Then give those of these women you have enjoyed the agreed dower" means the Permanent marriage.
Fiqh
Mut'ah is one of the distinctive features of Ja'fari jurisprudenceJa'fari jurisprudence
Jaʿfarī school of thought, Ja`farite School, Jaʿfarī jurisprudence or Jaʿfarī Fiqh is the school of jurisprudence of most Shi'a Muslims, derived from the name of Jaʿfar as-Ṣādiq, the 6th Shi'a Imam...
. No other school of Islamic jurisprudence
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
allows it. According to Imam Jafar as Sadiq, "One of the matters about which I shall never keep precautionary silence (taqiyya
Taqiyya
Taqiyya , meaning religious dissimulation, is a practice emphasized in Shi'a Islam whereby adherents may conceal their religion when they are under threat, persecution, or compulsion...
) is the matter of mu’tah."
Allameh Tabatabaei explains in Tafsir al-Mizan
Tafsir al-Mizan
Al-Mizan fi tafsiri'l-Qur'an, popularly known as Tafsir al-Mizan ,is a Shi'a Muslim tafsir written by Ayatollah Sayyid Muhammad Hussein Tabataba'i....
, there are mutawatir or nearly mutawatir traditions narrated from the Shia Imams that Mut'ah is permitted. For example, it has been narrated from Muhammad al-baqir
Muhammad al-Baqir
Muḥammad ibn ‘Alī al-Bāqir was the Fifth Imām to the Twelver Shi‘a and Fourth Imām to the Ismā‘īlī Shī‘a. His father was the previous Imām, ‘Alī ibn Ḥusayn, and his mother was Fatimah bint al-Hasan...
and Ja'far al-Sadiq
Ja'far al-Sadiq
Jaʿfar ibn Muhammad al-Sādiq was a descendant of Muhammad and a prominent Muslim jurist. He is revered as an Imam by the adherents of Shi'a Islam and as a renowned Islamic scholar and personality by Sunni Muslims. The Shi'a Muslims consider him to be the sixth Imam or leader and spiritual...
that they said "regarding the [above] verse, and there is no blame on you about what you mutually agree after what is appointed." It means that he increases her dowry or she increases his (fixed) period.
According to Shia scholar Ali Khamenei
Ali Khamenei
Ayatollah Seyed Ali Hoseyni Khāmene’i is the Supreme Leader of Iran and the figurative head of the Muslim conservative establishment in Iran and Twelver Shi'a marja...
Use
The Nikah al-Mut‘ah is used various ways:- It is used in modern times when people move from one place to another, such as from one country to another. Thus students, workers, scholars may enter into a contractual marriage under the verse of the Qur'an which allows ones emotional needs and human needs to be fulfilled if they are in another country. It may lead to permanent marriage afterwards.
- It may be used to become mahramMahramIn Islamic sharia legal terminology, a mahram is an unmarriageable kin with whom sexual intercourse would be considered incestuous, a punishable taboo...
(unmarriable) with somebody with whom they do not intend to cohabit or have a married relationship, but with whom they spend a lot of time (for example, share a house). In order to ease the hijabHijabThe word "hijab" or "'" refers to both the head covering traditionally worn by Muslim women and modest Muslim styles of dress in general....
"modest dress" rules, they engage in a nikah al-Mut‘ah, specifying in the marriage contract that no physical contact is allowed. - Two people who live under the same roof but are not mahramMahramIn Islamic sharia legal terminology, a mahram is an unmarriageable kin with whom sexual intercourse would be considered incestuous, a punishable taboo...
(unmarriable) and must observe hijabHijabThe word "hijab" or "'" refers to both the head covering traditionally worn by Muslim women and modest Muslim styles of dress in general....
may engage in a symbolic nikah al-mut‘ah with the others' offspring for a minimal amount of time (two minutes or less). The Nikahu’l-Mut‘ah does not need to have any practical consequence, but it will make the parent and the offspring's husband or wife permanently mahram to each other, and thus no longer obliged to observe hijab rules. - Young unmarried couples may decide to use nikahu l-Mut‘ah as a permissible alternative to entering into a relationship on the premise of future permanent marriage.
- It might also be seen as a cover for legalized prostitution, as the nikahu l-Mut'ah can last as short as half an hour, and the woman receives financial compensation but in accordance with the Quran must still wait three months (iddah) before the next contract.
Rules
Nikah al-Mut‘ah resembles an ordinary conventional marriage in many, but not all, aspects. It commences in the same way as a Nikah except that a date of expiration for the marriage is added to the marriage contract and the wife has her rights restricted to some extent. 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.During the period of the marriage, the couple are considered husband and wife, just as in a permanent marriage. At the expiration, the marriage is voided without undergoing a talaq
Divorce (Islamic)
In Islam there are separate rules for divorce for men and women under the terms of Islamic law . When a man has initiated a divorce the procedure is called . When a woman has initiated a divorce it is called khula ....
(divorce). In case of sexual intercourse
Sexual intercourse
Sexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
, the woman must observe the iddah
Iddah
In Islam, iddah or iddat is the period a woman must observe after the death of her spouse or after a divorce, during which she may not marry another man. The period, three months after a divorce and four months and ten days after the death of a spouse, is calculated on the number of menses that a...
(waiting period) before she can marry anyone else.
Differences from permanent marriage
Nikah Mut'a is a marriage with a pre-set time. It is important to note that different MarjaMarja
Marja , also known as a marja-i taqlid or marja dini , literally means "Source to Imitate/Follow" or "Religious Reference"...
(authorities) may give different fatwa
Fatwa
A fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...
(legal rulings) on some issues. Many of the following rules may be changed in the Islamic marriage contract.
- The marriage is agreed 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‘a fiqhFiqhFiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
, divorce is viewed as a complex process and a period aimed at giving the couple the chance to reconcile. This is not necessary in Nikahu’l-Mut‘ah, since the marriage does not end due to disharmony but due to the preset time being reached. - The husband may void the Nikahu l-Mut‘ah earlier than agreed. If he does and they have had sexual intercourse, he must give her full mahrMahrIn Islam, mahr is an amount of money paid by the groom to the bride at the time of marriage which she can spend as she wishes. The English concept of "dower", the gift of funds to the wife in the event she becomes widowed, closely approximates mahr. The terms "dowry" and "bride price" are...
"bride gift". If they have not had intercourse, he must give her half that amount, though the recommended precautionRecommended precautionRecommended precaution is a fiqh term, prominently used by Shi'a marjas when giving fatwas.When Shi'a marjas give fatwas, they sometimes are not sure about the legality of some issues. In those cases, they recommend that the follower of the marja refrain from the act, in case it would indeed be...
is that he should give her full mahr. A distinction between a talaq (divorce) in a nikah and voiding a nikahu l-mut‘ah is made in a conversation reported in a hadith collection. - The couple do 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 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, 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 difference in religious laws make it desirable to wait with the higher level of commitment that Nikah 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‘a scholars have ruled that one cannot take more than four temporary wives.
Similarities
- The woman might require the consent of her waliWaliWalī , is an Arabic word meaning "custodian", "protector", "sponsor", or authority as denoted by its definition "crown". "Wali" is someone who has "Walayah" over somebody else. For example, in Fiqh the father is wali of his children. In Islam, the phrase ولي الله walīyu 'llāh...
("Legal Guardian") if she is a virgin. However, there is no consensus among the Grand Ayatollahs on this issue. Most MarjaMarjaMarja , also known as a marja-i taqlid or marja dini , literally means "Source to Imitate/Follow" or "Religious Reference"...
s like Ali Sistani require the father's permission, to prevent someone taking advantage of her inexperience; while there are few others who do not require guardian's permission. - A contract is engaged when entering the marriage. Shi‘a 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 intercourseSexual intercourseSexual intercourse, also known as copulation or coitus, commonly refers to the act in which a male's penis enters a female's vagina for the purposes of sexual pleasure or reproduction. The entities may be of opposite sexes, or they may be hermaphroditic, as is the case with snails...
. - Men are not allowed to marry women of non-monotheistic religions, and women can only marry Muslims.
Controversies
This topic is highly controversial in the Muslim world. Muslims believe, and have "consensus" (ijmaIjma
Ijmāʿ is an Arabic term referring to the consensus of the Muslim community. Various schools of thought within Islamic jurisprudence may define this consensus as that of the first generation of Muslims only; the consensus of the first three generations of Muslims; the consensus of the jurists...
) of opinion, upon the fact that in the first period of Islam, Mut'ah was permissible, and The Prophet
Prophets of Islam
Muslims identify the Prophets of Islam as those humans chosen by God and given revelation to deliver to mankind. Muslims believe that every prophet was given a belief to worship God and their respective followers believed it as well...
during one of his journeys, when the Muslims were away from their wives and passing their time in much discomfort, gave them permission for fixed-term marriage.
Hadiths
writes:There are hadiths in Sahih Bukhari permitting mut'ah, but then abrogating it.
There are several narrations regrding Sabrah ibn Ma'bad
Sabrah ibn Ma'bad
Sabrah ibn Ma'bad al-Juhani was one of the companions of Muhammad.-Name:Other transliterations and full name include "Abu Suraiya Saburah ibn Ma'bad ibn 'Ausaja al-Juhani" , "Abu Rabi' al-Madani", "Sabura al-juhanni", and "Sabra Juhanni".-Family:He was from the Juhinah tribe located around the...
reporting on the prohibition of Mut'ah.
Quran
Chapter 4 ayah 24 of the Quran is a controversial verse that has been called "the verse of Mut'ahMut'ah (arabic word)
Mut'ah is an Arabic word meaning literary "joy". As a term, its main connotation is Temporary Marriage -General meaning:The word is used in the name of the Battle of Mu'tah...
" , due to its reference to Nikah Mut‘ah. Shias cite this verse as demonstrating the permissibility of mutah.
External Shia links
- "Temporary Marriage in Islamic Law" — Sachiko Murata (Al-Serat vol. XIII, no 1)
- A Shi'ite Encyclopedia:
- "Temporary Marriage in Islam": Part I | Part II | Part III | Part IV | Part V | Part VI | Part VII | Part VIII
- Debate on the Legitimacy of Mut'a — taken with some modifications from Temporary Marriage in Islamic Law by Abul Qasim Gourji
- interactive research about Mut'a from the 9 sunnie saheeh books — 4 parts vedio by Ali Mohamad
- interactive research about Mut'a from the 9 sunnie saheeh books — 4 parts video in the Arabic language, by Ali Mohamad
- "Mut'ah, a comprehensive guide" — Answering Ansar
- http://www.mutah.com/
- http://arabnews.com/saudiarabia/article42513.ece
- http://www.asharq-e.com/news.asp?section=7&id=7967
Fatāwa
Fatwa
A fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...
from different marja
Marja
Marja , also known as a marja-i taqlid or marja dini , literally means "Source to Imitate/Follow" or "Religious Reference"...
: