Nikah mut'ah

Template:Fiqh-Mar Nikāḥ al-Mutʿah (Arabic: نكاح المتعة) or Mutʿah of marriage grants a muslim the concession to marry a woman for a limited time in return of recompense, both agreed upon in advance.

It is a private and verbal marriage contract between a man and an unmarried woman and there must be declaration and acceptance as in the case of nikah. The length of the contract and the amount of consideration must be specified. There is no minimum or maximum duration for the contract, so it can be as short as a few minutes. The wife must be unmarried, either muslim or one of the ahl-e-kitab, she should be chaste and should not be addicted to fornication or a virgin without father, and due inquires should be made into these regards. After end of the contract period (i.e. dissolution of Mut'ah), the wife must undergo iddah.

According to Shia muslims marriage is of two kinds: permanent and temporary. Permanent Marriage means a marriage in which there is commitment for a lifelong partnership. The wife in this marriage is known as "the permanent wife". Temporary Marriage means a marriage in which the time limit is fixed to a year or more or less. The wife in this marriage is known as "the temporary wife". This kind of temporary marriage has its origin is in the pre-Islamic era. If the girl was a virgin, then the father had a right to say 'Yes' or 'No' to the contract which led to wealthy Arabs paying off fathers to gain their approval for their daughters to agree to hire themselves. A lot of people also have a temporary marriage before the permanent one so that the partners understand each-other, to avoid future issues in their marriage etc.

Overview

The Mu'tah (both of Hajj) and marriage remain one of the most disputed issues among Sunnis and Shias. Sunnis prohibit both type of Mu'tah while Shia permit both.

Initial legality

Both Shias and Sunnis agree that Mut'ah was legal in the beginning. Ibn Kathir writes:

"There's no doubt that in the outset of Islam, Mut'ah was allowed under the Shari'ah".

Sunni view

Often Sunni view is misrepresented by their counter part Shias who defend mutah and hence only one type of narrations from Sunni sources are often quoted. The one that the Shia often quote is as follows:

In the hadith collection of Tirmizi, Abdullah Ibn Abbas narrates:

Temporary marriage was not banned at the beginning just as alcohol or slavery was not banned.

However, there are also the following Sunni narrations:

1. Mutah was only allowed in desperation like eating pork (Ibn Abbas)
2. Mutah was only allowed in encounters with pagans or when pagans where in transitional state to become Muslims.
3. Mutah was only allowed until the following verse was revealed:

"If you are in desperation and cannot afford a wife then marry a slave as you are all equal in the eys of God. But it is better that you have patience." 4:25

1. Mutah was like slavery: It was pre-Islamic but as it was the norm it could not be flushed out immediately.

There are hadiths in Sahih Bukhari initially permitting mut'ah, but then strictly forbidding it.­ There are several narrations regarding Sabrah ibn Ma'bad reporting on the prohibition of Mut'ah.

Imam Malik looks upon Mut'ah marriage as valid. Hanafi school claims that Muta'h marraige contarct itself is valid but the condition making it temporary is void, so they consider any such marriage to be permanent marriage; the only Sunni Arab jurisdiction that mentions Mut'ah marriage is Jordan, which indicates that the marriage which meets all othe requirements will be treated as permanent marriage.

Shia view

Shia belive that both form of Mut'ah are legal.

A hadith attributed to Ali bin Yaqtheen reports:

Imam Musa Kadhim (as) was asked about Nikah Mut‘ah, he replied 'Why do you, when you with the blessing of Allah have a wife at your side? He [Ali] replied 'No I just want to know'. Imam Kadhim (as) replied 'The permissibility is present within the Book of Allah '

Shia give different arguments based on Quran, hadith, history and moral grounds to support their position on Mut'ah.

The Quran and hadith argument

The Shias argue that verse An-Nisa, 24 also known as "the verse of Mut'ah" refers to nothing but temporary marriage, due to its reference to Nikah Mut‘ah. Shias cite this verse as demonstrating the permissibility of mutah, and this has been confirmed by all the Sunni scholars of Qur'anic commentary.

Shia 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 Shia Hadith authentication process: If a hadith does not agree with the Quran, it is discarded without further inquiry.

Shia also give list hadith regarding the use of Nikah Mut'ah after Muhammad from salaf in favor of Nikah Mut'ah after Muhammad.

The moral argument

Shia dismiss the view of Nikah Mut'ah being immoral since it can be used as a cover for prostitution as equally unfounded as Nikah being immoral since it can be used as a front for prostitution.

The historical argument

• Shi'as believe that Mut'ah cannot be compared to drinking intoxicants, since that was never encouraged by Muhammad (bukhari 062.052), and even so, nothing in Islam have ever been "made halal, then haraam, then halal, then haraam forever" like how Nikah Mut'ah was supposedly done.
• Shi'as have written rebutals against Yusuf al-Qaradawi and Islamic Voice Magazine's historical arguments

Who abolished it?

Shi'a believe that Umar ibn al-Khattab abolished Mut'ah, not the Prophet of Islam. He is accused of publicly confessing to challenging the Prophet by saying: "I forbid you mutah which the Prophet allowed!" Following is the source often quoted to support the event of Umar forbidding it despite allowed by the Prophet:

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 have been temporary and applicable to one place, hence must be ignored.

Following companions and narrators of hadith have transmitted hadiths regarding the legality of Nikah Mut'ah and opposed Umar's ruling:

• Imran ibn Husain (Hadith of Mut'ah and Imran ibn Husain)
• Abdullah Ibn Umar
• Abdullah Ibn Abbas

Formula of al mutah

The formula for solemnizing the permanent marriage is as follows: The woman says to the man: “Zawwaj-tuka nafsi bi mahrin qadruhu x — I give myself to you in marriage for the marriage gift which is x.” (In place of “x” mention the agreed marriage dowry [mahr].) The man immediately says, “Qabiltut tazweej — I accept the marriage.” The formula for solemnizing the temporary marriage is as follows: The woman says to the man: ““Zawwaj-tuka nafsi bi mahrin qadruhu (x) li muddati (x) — I give myself to you in marriage for the dowry of (x) for the time period (x).” (In place of first “x” mention the agreed mahr and in place of the second “x” mention the agreed time.) The man immediately says, “Qabiltut tazweej — I accept the marriage.

The conditions of temporary marriage

The woman has to say that I have wedded you myself and she must state the time period and the dowry. The man has to say that he accepted the marriage. The time period and the dowry have to be defined. the woman whose marriage was consummated (sexually) must finish her Iddat (period in which the woman can not remarry); in case she wants to marry another person. Its Iddat finishes in two menstrual periods. Therefore, she is legitimately prohibited to remarry before the termination of Iddat. Whereas, if her marriage was not consummated (sexually), she will not observe an Iddat and she has the right to conclude immediately a marriage contract with another man The woman has to be either Muslim or from the People of the Book (Christian or Jew).

It is allowed to conclude a temporary marriage with a virgin (never married) if she is an adult, since she has the right to wed herself without the permission of her guardian, but other considerations should be taken into account – like bad reputation the girl might acquire or that she might put herself in a dangerous situation, since it is illegal to endanger oneself in Islamic law even if it were in marriage.

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 always lead to permanent marriage afterwards.
• It may be used to become mahram (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 hijab "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 mahram (unmarriable) and must observe hijab may engage in a symbolic nikah al-mut‘ah with the others' offspring for a few minutes. 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 for as little as half an hour, and the woman receives financial compensation. In accordance with the Quran she must 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's rights are restricted to some extent. The duration is decided by the couple involved. There are no restrictions on 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). In case of sexual intercourse, the woman must observe the iddah (waiting period) before she can marry anyone else.

Differences from permanent marriage

Nikah Mut'a is referred to as a marriage but since it has no divorce it means that it was more of a contract that dissolves rather than a marriage where divorce tries to deal with issues like children's welfare, legalities if cruelty or unfairness has happened,possibility of reconciliation etc.

• The contract is agreed to be voided after a pre-set time. Hence there are no expectations on either side of any continuation of the relationship.
• The husband may void the Nikahu l-Mut‘ah earlier than agreed. A wife can't.If he does and they have had sexual intercourse, he must give her full mahr "bride gift". 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 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.Hence it is not an equal partnership
• The wife may go out of her home against her husband's will.In a permanent marriage a wife needs to get approval of the husband.
• 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 Shia 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.

Similarities

• 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. Most Marjas 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 intercourse.
• Men are not allowed to marry women of non-monotheistic religions, and women can only marry Muslims.

Controversies

Main article: Criticism of Twelver Shi'ism § Nikah mut‘ah

This topic is highly controversial in the Muslim world. Muslims believe that in the first period of Islam, Mut'ah was permissible, but Sunni Muslims believe that it was later abolished. The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term. For this reason, nikah mut‘ah has been widely criticised because it can be used as a religious cover for and de facto legalization of certain types of prostitution.

References and sources

References

Sources

• "Mutah" in Encyclopædia Britannica 2007 Ultimate Reference Suite. Chicago: Encyclopædia Britannica, 2006.
• Haeri, Shahla. 1989. Law of Desire: Temporary Marriage in Iran. London: I.B. Tauris & Co. Ltd. ISBN 1-85043-157-4

External Shia links

http://www.sistani.org/index.php?p=251364&id=46&pid=2062

• "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 from different marja:

• Sistani
• Khamenei

See also

• Mut'ah
• Mut'ah of Hajj
• Hadiths related to Mut'ah
• Marriage of convenience
• Islamic marital jurisprudence
• Nikah 'urfi
• Nikah Misyar
• Pilegesh
• Walking marriage