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Nikah mut'ah

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Nikah mut'ah[1][2] Arabic: نكاح المتعة‎, romanizednikāḥ al-mutʿah, literally "pleasure marriage"; temporary marriage[3]: 1045  or Sigheh[4] (Persian: صیغه ، ازدواج موقت‎) is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam[5] in which the duration of the marriage and the mahr must be specified and agreed upon in advance.[1][6][7]: 242 [8]: 47–53  It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam.[9]

According to Twelver Shia jurisprudence, preconditions for mut'ah are: The bride must not be married, she must attain the permission of her wali if she has never been married before, she must be Muslim or belong to Ahl al-Kitab (People of the Book), she should be chaste, must not be a known adulterer, and she can only independently do this if she is Islamically a non-virgin or she has no wali (Islamic legal guardian).[citation needed] At the end of the contract, the marriage ends and the wife must undergo iddah, a period of abstinence from marriage (and thus, sexual intercourse). The iddah is intended to give paternal certainty to any children should the wife become pregnant during the temporary marriage contract.[7][1]

Some sources say the Nikah mut'ah has no prescribed minimum or maximum duration,[10] but others, such as The Oxford Dictionary of Islam, indicate the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested.[1]

Some Muslims and Western scholars have stated that both Nikah mut'ah[11] and Nikah misyar[12] are Islamically void attempts to religiously sanction prostitution which is otherwise forbidden.[13]

Background

Historically there were many types of marriages, used for various purposes, as opposed to a full marriage; in mut'ah some of the rights of the husband and wife are non-existent. This was primarily used by those who could not stay at home with their wife and traveled a lot. For example, a traveling merchant might arrive at a town and stay for a few months, in that period he may marry a divorced widow, and they would take care of each other. When he has to leave to the next down, the marriage is over, and he might sign a mut'ah contract at his next place. Although in modern times such a thing is considered obsolete, due to the availability of fast travel, and primarily exists in Iran and Shia regions for sexual pleasure reasons as a means of Halal dating.[14]

Mut'ah, literally meaning joy, is a condition where rules of Islam are relaxed. It can apply to marriage (the nikah mut'ah) or to the Hajj (the obligatory pilgrimage) (the Mut'ah of Hajj). The permissibility of Mut'ah is disputed by majority of the Sunni scholars, who argue that the practice was banished by the Prophet. Twelver Shia scholars, on the other hand, assert that Mut'ah was sanctioned by the Prophet, but was banished by the Second Caliph 'Umar. Omar's abolition was not accepted in many scholarly circles and was met with staunch opposition from major companions like 'Imràn b. Husayn, Ibn 'Abbas, as well as Omar's son 'Abd Allàh b. 'Umar.[6] Both Shias and Sunnis agree that, initially, or near the beginning of Islam, Nikah mut'ah was a legal contract.[8]

The prominent companion and Caliph Abd Allah ibn al-Zubayr was born of nikah mut'ah between Zubayr al-Awwam and Asma bint Abi Bakr.[15][16][17] According to al-Raghib al-Isphahani,[16] Abu Dawood al-Tayalisi, and Qadhi Sanaullah Panipati, were major scholarly personalities born of Mut'ah.

Religious views

Sunni

During the sixteenth century, during the reign of Akbar, the third emperor of the Mughal Empire, who was believed to be a Hanafi Sunni, debates on religious matters were held weekly on Thursdays. When discussing nikah mut'ah, Shi'ite theologians argued that the historic Sunni scholar Malik ibn Anas supported the practice.[7][18] However, the evidence from Malik's Muwatta (manual of religious jurisprudence) was not forthcoming. The Shi'ite theologians persisted and nikah mut'ah was legalized for the Twelver Shia during Akbar's reign.[7][18] According to Sunni Arab jurisdiction of Jordan; if the nikah mut'ah meets all other requirements, it is treated as if it were a permanent marriage.[8]

The thirteenth century scholar, Fakhr al-Din al-Razi said,

Amongst the Ummah there are many great scholars who deem Mut'ah to have been abrogated, whilst others say that Mut'ah still remains.[19]

The Gharab al Quran, the dictionary of Qur'anic terms states,

The people of Faith are in agreement that Mut'ah is halal, then a great man said Mut'ah was abrogated, other than them remaining scholars, including the Shi'a believe Mut'ah remain halaal in the same way it was in the past. Ibn Abbas held this viewpoint and Imran bin Husain.[20]

De facto temporary marriages were conducted by Sunnis by not specifying how long the marriage would last in the written documents themselves while orally agreeing to set a fixed period.[21][22]

Even though nikah mut'ah is prohibited by the four Sunni madh'habs (legal schools of law), several types of innovative marriage exist, including misyar (ambulant) and ʿurfi (customary) marriage; however these are distinct from the Twelver Shia understanding.[23] Some regard misyar as being comparable to nikah mut'ah: for the sole purpose of "sexual gratification in a licit manner".[24] In Ba'athist Iraq, Uday Hussein's daily newspaper Babil, which at one point referred to the Shi'ites as "rafidah", a sectarian epithet for Shia,[25] condemned Wahhabi clerics as hypocrites for endorsing Misyar while denouncing Mut'ah.[26]

According to classical Sunni scholars such as Ibn Hazm (384 - 456 A.H / 994 - 1064 C.E), Ibn Hajar al-Athqallani (773 - 852 A.H / 1372 - 1449 C.E), etc.; numerous prominent companions continued to believe in the permissibility of practising Mut'ah after the death of the Prophet. Early Sunni hadith scholars such as `Ata' ibn Abi Rabah, Ibn Jurayj, Ahmad ibn Hanbal etc. deemed Mut'ah marriages valid and permissible. Yemeni scholar Al-Shawkani (1759 CE /1173 AH - 1839 CE /1255 AH); reported in Nayl al-Awtar that the influential Sunni Mufassir Ibn Jarir al-Tabari (839–923 CE / 224–310 AH) held the same view. Some Sunnite scholars narrated that Malik ibn Anas and Al-Shafi'i sanctioned temporary marriages.[27]

According to prominent Indian Salafi scholar Waheed ud-Deen Zaman[28]:

"On the topic of Mut'ah, differences have arisen amongst the Sahaba, and the Ahl al-Hadith, and they deemed Mut'ah to be permissible, since Mut'ah under the Shari'ah was practiced and this is proven, and as evidence of permissibility they cite verse 24 of Surah Nisa as proof. The practice of Mut'ah is definite and there is ijma (consensus) on this and you can not refute definite proof by using logic."

[29]

Twelver Shia

The Twelver Shias give arguments based on the Quran, hadith (religious narration), history, and moral grounds to support their position on mut'ah.[30] They argue that the word of the Qur'an takes precedence over that of any other scripture, including Quran 4:24, known as the verse of Mut'ah.[citation needed]

Zaidi Shia

The Zaidis reject Mutah marriage.[citation needed]

Criticism

Nikah mut'ah has been used to cover for child prostitution.[31][32]

Some Western writers have argued that mut'ah approximates prostitution.[11][33] Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the Twelver Shia authorities. She quotes the Oxford encyclopedia of modern Islamic world to differentiate between marriage (nikah) and Mut'ah, and states that while nikah is for procreation, mut'ah is just for sexual gratification.[34]

See also

References

  1. ^ a b c d Esposito J. "The Oxford Dictionary of Islam." Archived 25 November 2015 at the Wayback Machine Oxford University Press 2003 p221 Accessed 15 March 2014.
  2. ^ "Archived copy". Archived from the original on 3 March 2017. Retrieved 6 September 2017.CS1 maint: archived copy as title (link)
  3. ^ Hans Wehr Dictionary of Modern Written Arabic: a compact version of the internationally recognized fourth edition Archived 19 June 2017 at the Wayback Machine Ed. JM Cowan. New York: Spoken Language Services, Inc., 1994. Print.
  4. ^ Sciolino, Elaine (4 October 2000). "Love Finds a Way in Iran: 'Temporary Marriage'". The New York Times. Archived from the original on 13 September 2017. Retrieved 6 September 2017.
  5. ^ Mahmood, Shabnam; Nye, Catrin (13 May 2013). "I do, for now anyway". BBC News.
  6. ^ a b Berg H. "Method and theory in the study of Islamic origins". Archived 9 May 2016 at the Wayback Machine Brill 2003 ISBN 9004126023, 9789004126022. Accessed at Google Books 15 March 2014. pp. 167-171,176
  7. ^ a b c d Hughes T. A Dictionary of Islam. Archived 23 April 2016 at the Wayback Machine Asian Educational Services 1 December 1995. Accessed 15 April 2014.
  8. ^ a b c Pohl F. "Muslim world: modern muslim societies." Archived 24 June 2016 at the Wayback Machine Marshall Cavendish, 2010. ISBN 0761479279, 1780761479277 Accessed at Google Books 15 March 2014.
  9. ^ "I do... for now. UK Muslims revive temporary marriages". BBC News. 13 May 2013. Archived from the original on 22 July 2018. Retrieved 21 July 2018.
  10. ^ Labi, Nadya. "Married for a Minute". Mother Jones. Archived from the original on 14 June 2014. Retrieved 22 June 2014.
  11. ^ a b Meri, Josef W.; Bacharach, Jere L. (1 January 2006). Medieval Islamic Civilization: L-Z, index. Taylor & Francis. ISBN 9780415966924.
  12. ^ Pohl, Florian (1 September 2010). Muslim World: Modern Muslim Societies. Marshall Cavendish. pp. 52–53. ISBN 9780761479277. Retrieved 5 April 2013.
  13. ^ Turner, Bryan S. (1 January 2003). Islam: Islam, gender and family. Taylor & Francis US. p. 157. ISBN 9780415123501.
  14. ^ Tait, Robert (4 June 2007). "Iranian minister backs temporary marriage to relieve lust of youth". The Guardian. ISSN 0261-3077. Retrieved 16 January 2020.
  15. ^ Sharh Ibn Abi al-Hadid. 4. pp. 489–490.
  16. ^ a b Al-Raghib al-Isfahani. al-Muhadhiraat. 2. p. 96.
  17. ^ al-Ghiṭā, Muḥammad al-Ḥusayn Āl Kāshif (1982). The Shia Origin and Faith. Islamic Seminary. pp. 210–211.
  18. ^ a b Müller F. "Introduction to the science of religion." Archived 18 October 2015 at the Wayback Machine Kessinger Publishing 1882 p? reprint 1 December 2004. ISBN 141797401X, 9781417974016
  19. ^ Tafsir al-Kabir (al-Razi), volume 3 p95, Sura Nisa verse 24
  20. ^ Tafseer Gharab al Quran part 5 p. 4, Sura al Nisa
  21. ^ C. Snouck Hurgronje (29 November 2006). Mekka in the Latter Part of the 19th Century: Daily Life, Customs and Learning. The Moslims of the East-Indian Archipelago. BRILL. pp. 137–. ISBN 978-90-474-1128-4. Archived from the original on 5 February 2018. Retrieved 26 August 2016.
  22. ^ electricpulp.com. "MOTʿA – Encyclopaedia Iranica". www.iranicaonline.org. Archived from the original on 11 August 2017. Retrieved 26 August 2016.
  23. ^ Ruffle K. Mut'a "Mut'a." Archived 11 January 2015 at the Wayback Machine Oxford Bibliographies website document.
  24. ^ Lod M. "Islam and the West: the clash between Islamism and Secularism." Archived 29 May 2016 at the Wayback Machine Strategic Book Publishing, 2011 p58-59. ISBN 1612046231, 9781612046235.
  25. ^ Khalil F. Osman (2015). Sectarianism in Iraq: The Making of State and Nation Since 1920. Routledge Studies in Middle Eastern Democratization and Government. Routledge. ISBN 978-1-138-77946-4.
  26. ^ Achim Rohde (2014). State-Society Relations in Ba'thist Iraq: Facing Dictatorship. SOAS/Routledge Studies on the Middle East. Routledge. p. 171. ISBN 978-1138780132.
  27. ^ Ibn Baz, 'Abd al-Azeez. "Views of those who deem Mut`ah marriage permissible". Kingdom of Saudi Arabia- The General Presidency of Islamic Research and Exile. Archived from the original on 17 October 2021.
  28. ^ "Allama Waheed Uz Zaman books". Dar ul-Andalus.
  29. ^ Upadhyay, R.D (2018). CIVIL ORIGINAL JURISDICTION WRIT PETITION(CIVIL) NO 235 OF 2018. SUPREME COURT OF INDIA. p. 20.
  30. ^ Muhammad Baqir al-Majlisi, Mir-at al-‘Uqul fi Sharh Akhbar Al al-Rasul (Tehran: Dar al-Kutub al-Islamiyyah) [annotator: Sayyid Muhsin al-Husayni al-Amini], vol. 20, p. 226
  31. ^ "BBC - Undercover With The Clerics - Iraq's Secret Sex Trade - Media Centre". www.bbc.co.uk. Retrieved 16 January 2020.
  32. ^ Al-Maghafi, Nawal (6 October 2019). "In Iraq, religious 'pleasure marriages' are a front for child prostitution". The Observer. ISSN 0029-7712. Retrieved 16 January 2020.
  33. ^ In Iraq, religious ‘pleasure marriages’ are a front for child prostitution The Guardian, 2019
  34. ^ Parshall, Philip L.; Parshall, Julie (1 April 2003). Lifting the Veil: The World of Muslim Women. InterVarsity Press. ISBN 9780830856961. Archived from the original on 3 May 2016. Retrieved 13 December 2015.