Temporary Marriage: Revisiting Muhammads Permitting a Form of Prostitution known As Muta

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"If a man seduces a virgin who is not engaged to be married and lies with her,

he shall give THE BRIDE-PRICE for her and make her HIS WIFE. If her father utterly

refuses to give her to him, he shall pay money equal to THE BRIDE-PRICE for virgins."

Exodus 22:16-17

"To the pure, all things are pure, but to the defiled and unbelieving, nothing

is pure; but both their minds and their consciences are defiled." Titus 1:15

Where in the Bible are non-virgin girls forbidden from

having sex with their boyfriends?

"Now concerning the matters about which you wrote: It is good for a man not

to have sexual relations with a woman. But because of the temptation to sexual

immorality, EACH MAN SHOULD HAVE HIS OWN WIFE AND EACH WOMAN HER OWN HUSBAND. The husband

should give to his wife her conjugal rights, and likewise the wife to her husband. For the

wife does not have authority over her own body, but the husband does. Likewise the husband

does not have authority over his own body, but the wife does. Do not deprive one another,

except perhaps by agreement for a limited time, that you may devote yourselves to prayer;

but then come together again, so that Satan may not tempt you because of your lack of

self-control." 1 Corinthians 7:1-5

"To the unmarried and the widows I say that it is good for them to remain single

as I am. But if they cannot exercise self-control, THEY SHOULD MARRY. For it is

better to marry than to be aflame with passion." 1 Corinthians 7:8-9

"Now concerning the betrothed, I have no command from the Lord, but I give my

judgment as one who by the Lord's mercy is trustworthy. I think that in view of the

present distress it is good for a person to remain as he is. Are you bound to a wife? Do

not seek to be free. Are you free from a wife? Do not seek a wife. But if you do marry,

you have not sinned, and if a betrothed woman marries, she has not sinned."

1 Corinthians 7:25-28

"If anyone thinks that he is not behaving properly toward his betrothed, if his

passions are strong, and it has to be, let him do as he wishes: let them marry--it is no

sin. But whoever is firmly established in his heart, being under no necessity but having

his desire under control, and has determined this in his heart, to keep her as his

betrothed, he will do well. So then he who marries his betrothed does well, and he who

refrains from marriage will do even better. A wife is bound to her husband as long

as he lives. But if her husband dies, she is free TO BE MARRIED to whom she

wishes, only in the Lord." 1 Corinthians 7:36-39

"Or do you not know, brothersFOR I AM SPEAKING TO THOSE WHO KNOW THE

LAW--that the law is binding on a person only as long as he lives? Thus a married woman

is bound BY LAW to her husband while he lives, but if her husband dies she is released

from THE LAW OF MARRIAGE. Accordingly, SHE WILL BE CALLED AN ADULTERESS if she lives

with another man while her husband is alive. But if her husband dies, she is free

from that law, and if she marries another man she is not an adulteress." Romans 7:1-3

"When a man takes a wife and marries her, if then she finds no favor in his

eyes because he has found some INDECENCY in her, and he writes

her a certificate of divorce and puts it in her hand and sends her out of his

house, and she departs out of his house, and if she goes and becomes

another man's wife, and the latter man hates her and writes her a

certificate of divorce and puts it in her hand and sends her out of his

house, or if the latter man dies, who took her to be his wife, then her

former husband, who sent her away, may not take her again to be his wife,

after she has been defiled, for that is an abomination before the LORD. And

you shall not bring sin upon the land that the LORD your God is giving you

for an inheritance. When a man is newly married, he shall not go out with

the army or be liable for any other public duty. He shall be free at home

one year to be happy with his wife whom he has taken." Deuteronomy 24:1-5

"It was also said, Whoever divorces his wife, let him give her a certificate

of divorce. But I say to you that everyone who divorces his wife, except on

the ground of sexual immorality, makes her commit adultery. And whoever marries a

divorced woman commits adultery." Matthew 5:31-32

"And in the house the disciples asked him again about this matter. And he said to

them, Whoever divorces his wife and marries another commits adultery against her,

and if she divorces her husband and marries another, she commits adultery. Mark 10:10-12

"To the married I give this charge (not I, but the Lord): the wife should not

separate from her husband (but if she does, she should REMAIN UNMARRIED or else be)

reconciled to her husband), and the husband should not divorce his wife." 1 Corinthians 7:10-11

WHAT IS TEMPORARY MARRIAGE?

It is a temporary marriage upon agreement of the two parties. This temporary marriage

was a custom amongst eastern countries, as it was also practised by some men at the dawn

of Islam on their missions / trips.

Abdullah Ibn 'Abbas (r.a.a.) said: "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." Ibn 'Abbas explained that any relationship beyond this is forbidden.

[narrated by Tirmidhee]

As temporary marriage was a custom amongst Arabs in the days of ignorance, it would not

have been wise to forbid it except gradually, as is the manner of Islam in removing

pre-Islamic customs which were contrary to the interests of people.

It is well established that temporary marriage does not agree with the interests of

people because it causes loss to the offspring, uses women for fulfilment of the lusts of

men, and belittles the value of a woman whom Allah has honoured. So temporary marriage was

forbidden.

(Source)

On these grounds, Mutah marriage IS CONSIDERED TO BE ZINAA (ADULTERY OR

FORNICATION), even if both parties consent to it, and even if it lasts for a long time,

and even if the man pays the woman a mahr. There is nothing that has been reported in

shareeah that shows that it may be permitted, APART FROM THE BRIEF PERIOD when it

was allowed during the year of the conquest of Makkah. That was because at that time there

were so many people who has newly embraced Islam and there was the fear that they might

become apostates, BECAUSE THEY HAD BEEN USED TO COMMITTING ZINAA the Jaahiliyyah. So this

kind of marriage WAS PERMTITED for them for three days, then it was made haraam until the

Day of Resurrection, as was narrated by Muslim, 1406.

(Source; capital emphasis ours)

Mutah or

temporary marriage refers to when a man marries a woman for a specific length of time in

return for a particular amount of money.

The basic principle concerning marriage is THAT

IT SHOULD BE ONGOING AND PERMANENT. Temporary marriage i.e., mutah marriage

was permitted at the beginning of Islam, then it was abrogated and became haraam

until the Day of Judgement

Allaah has made marriage one of His signs which

calls us to think and ponder. He has created love and compassion between the spouses, and

has made the wife a source of tranquility for the husband. He encouraged us to have

children and decreed that a woman should wait out the iddah period and may inherit.

None of that exists in this haraam form of marriage.

(Source)

http://islamqa.com/index.php?ref=2377&ln=eng
http://islamqa.com/index.php?ref=6595&ln=eng

It all changed when I met him. It was fascinating to know that a college student would

care so much about me. He was the most wonderful person. He treated me like a queen, and

soon we became the best of friends. I felt I could tell him anything. As our friendship

progressed, we talked about different topics including religion. He had different beliefs

than me; he was Shia while I was Sunni. We always argued upon the differences. He had a

way with making things sound better than what they were. Soon I became very confused.

One day he mentioned the idea of Mut'a. He told me that it was a type of temporary

marriage, which was halal even in Sunni books. At first I didnt believe him, but he

used sources such as Bukhari and Muslim. I took his word for it, and before I realized, I

was into a lot of trouble. I was in Mut'a for four years. As time went by, I learnt that I

had lost my honor and dignity to someone who had done this to several other girls. Allah

helped me open my eyes and realize what I had gotten myself into. By now, I was on the

verge of switching beliefs to be a Shia. At this point, I decided to really search for the

truth. Since I cannot present the whole research, I have tried to give a very brief idea

about Mut'a

Mut'a is a form of temporary marriage where a man can marry a woman for an agreed

amount of time and money (mahr). In Mut'a, the husband is not financially responsible for

the wife. There are no set limits in this kind of marriage by the Shias. According Shia

beliefs, no witnesses nor a permission of the guardian is needed (the Sunni father does

not believe in Mut'a), and there is no limit on the number of Mut'a one can do.

Also, the time period can be AS LITTLE AS ONE HOUR to as long as sixty years. In addition,

a man who is permanently married can do as many Mut'a as he feels like, even with married

women. THIS IS VERY SIMILAR TO PROSTITUTION

Ninety-nine percent of the companions followed this opinion, but there was one percent

who believed Mut'a can be performed in extreme case of necessity in the land of war. This

one percent is divided into two groups. One says, it is allowed with the Caliph's

permission, and the other says there is no need for the permission. Those who do not

believe in Caliph's permission say that it was Umar who made it haram. Their proof is

based upon an opinion by a companion namely Ibn Abbas. People misused this opinion of Ibn

Abbas until he clarified himself and said, Wallahi I did not mean what they did! I meant

similarly to what Allah meant when he allowed the meat of dead animals and pork to be

eaten in extreme necessity. This is referring to the time when people abused the rule of

necessity at time of Umar, following the understanding of the one percent. Finally, Umar

declared and taught it to be haram when a lady came to Umar complaining about how her

husband in Mut'a, who was married, would not take responsibility of the child. He realized

how the society was becoming corrupt with similar conditions to adultery. Thus, he had to

teach people and make Mut'a haram even in the case of the one percent opinion

IF MUT'A IS NOT AN EXCUSE FOR SATISFYING LUST, THEN WHAT IS IT! IT SEEMS TO BE THE

EASIEST SOLUTION FOR ADULTERY. If Mut'a really was to be done in case of need THEN WHY IS

IT PERMISSIBLE FOR A MARRIED PERSON TO DO MUT'A? Also, if one cannot marry due to

financial insecurity then how can one be responsible for supporting the child and not be

able to support the wife? And how is he going to know if the child is actually his, not

someone else's?

In Mut'a, THERE IS NO DIVORCE; once you pay the set amount of money and the assigned

time ends there is no rights, no duty, no inheritance laws, or divorce process. The only

law is that the woman waits for a period of 45 days before she enters into another Mut'a,

while the man can have immediate one, even while he is married or in another Mut'a. This

goes against what Allah assigned for marriage in the Qura'n. In Surah 2 Ayah 228 Allah

says, Divorced women shall wait concerning themselves for three monthly periods and it is

not lawful for them to hide what Allah hath created in their wombs. If they have faith in

Allah and the last day." In Mut'a she can be pregnant with the child of her first

Mut'a husband and be married to her second Mut'a husband or the permanent. In the book of

Mustadrak-Alwasa il (Shia authentic hadith book) vol. 7 book 3 pg. 506 rewayah 8762, it

states that the prophet said that who ever cannot find the ability to get married let him

fast, my ummah s protection is fasting. Also in Beharul-Alanwaar (Shia hadith book in

vol.14 pg. 327 rewayah 50:21) it states that Imam Ali said and seek protection from women

desire by fasting. What is the need for fasting if Mut'a is OK? It is obvious that this

contradict this idea. I hope and pray that we will take this matter seriously. (Capital,

bold and underline emphasis ours)

Q1: Can Someone Contract Mut'a Marriage for 1 hour?

I would say theoretically yes! Much in the same way that it is possible for some one to

marry a woman permanently and then divorce her in one hour or even less. Logically, since

the possibility of this action does not invalidate the regular marriage, therefore, it

should not be applied in the case of Mut'a either!

(Source)

Islam allowed the raping of young girls and boys at the beginning, because at that time

there were so many people who had newly embraced Islam and there was the fear that they

might become apostates, because they had been used to committing sexual acts with children

during the Jaahiliyyah (Pre-Islamic period of Ignorance). So this kind of sex was

permitted for them for three days, then it was made haraam until the Day of Resurrection.

As child molestation was a custom amongst Arabs in the days of ignorance, it would

not have been wise to forbid it except gradually, as is the manner of Islam in removing

pre-Islamic customs which were contrary to the interests of people.

O Prophet, when you divorce women, divorce them when they have reached their period.

Count the period, and fear God your Lord. Do not expel them from their houses, nor let

them go forth, except when they commit a flagrant indecency. Those are God's bounds;

whosoever trespasses the bounds of God has done wrong to himself. Thou knowest not,

perchance after that God will bring something new to pass As for your women who have

despaired of further menstruating, if you are in doubt, their period shall be three

months; and those who have not menstruated as yet. And those who are with

child, their term is when they bring forth their burden. Whoso fears God, God will appoint

for him, of His command, easiness. S. 65:1, 4 Arberry

"Therefore, making mention of the waiting-period for girls who have not yet

menstruated, clearly proves that it is not only permissible to give away the girl at this

age but it is permissible for the husband to consummate marriage with her. Now,

obviously no Muslim has the right to forbid a thing which the Quran has held as

permissible." (Maududi, volume 5, p. 620, note 13, emphasis added)

Islam allowed incest at the beginning, because at that time there were so many people

who had newly embraced Islam and there was the fear that they might become apostates,

because they had been used to sleeping with their family members during the Jaahiliyyah

(Pre-Islamic period of Ignorance). So this kind of practice was permitted for them for

three days, then it was made haraam until the Day of Resurrection. As incest was

a custom amongst Arabs in the days of ignorance, it would not have been wise to forbid it

except gradually, as is the manner of Islam in removing pre-Islamic customs which were

contrary to the interests of people.

O ye who believe! Forbid not the good things which Allah hath made lawful for you,

and transgress not, Lo! Allah loveth not transgressors. S. 5:87 Pickthall

Narrated Abdullah:

We used to participate in the holy battles led by Allah's Apostle and we had nothing

(no wives) with us. So we said, "Shall we get ourselves castrated?" He forbade

us that and then allowed us to marry women with a temporary contract AND RECITED TO US:

-- O you who believe! Make not unlawful the good things which Allah has made lawful

for you, but commit no transgression. (5.87) (Sahih al-Bukhari, Volume 7, Book 62, Number 13o)

And forbidden to you are married women, except such as your right hands

possess. This has ALLAH enjoined on you. And allowed to you are those beyond

that, that you may seek them by means of your property, marrying them properly

and not committing fornication. And for the benefit you receive from them, give them

their dowries, as fixed, and there is no blame on you what you do by mutual agreement

after the fixing of the dowry. Surely ALLAH is All-Knowing, Wise. Sher Ali

"... <And how could you take it back and you have gone in unto each other.>

(4:21): the general meaning of which was given as evidence for Mut'a Marriage

(Marriage for an intended short time) which was, undoubtedly, PREVALENT at the onset of

Islam

, but was abrogated thereafter. Ash-Shafi'i and a group of scholars were

of the opinion that Mut'a Marriage had once been permitted but was

later invalidated on two occasions. Some were more assertive than that, while others

have made it lawful only if necessary

. The majority of scholars, however, have opposed this view. The correct statement is mentioned in Sahih Al-Bukhari and Sahih

Muslim, on the authority of Ali Ibn Abu Talib: The Prophet forbade Mut'a

Marriage and the meat of local skylarks (a type of bird) on the Day of Khaibar.

"It is narrated in Sahih Muslim, on the authority of Ar-Rabi' Ibn Sabrah Ibn

Ma'bad Al-Juhani, who had quoted from his father, who had participated in the Conquest of

Makkah with the Prophet who said: 'O, People! I have permitted you to do Mut'a

Marriage

and Allah has forbidden it until the Day of Judgment. Therefore,

whosoever is married to a woman through this type of marriage, should release them and

should not take anything back from Mahr you have given them.' According to Muslim, it was

said during Hujjatal Wadaa' (Farewell Pilgrimage). This Hadith has other meanings in the

Book of Al-Ahkaam." (Tafsir Ibn Kathir, abridged by Sheikh Muhammad Nasib Ar-Rafa'i [Al-Firdous Ltd., London; First edition 2000], part 5, pp. 29-30 underline and capital emphasis ours)

Sunni Doubts as to the Correct Recitation of this Verse

Beyond these facts, we see that not only do the majority of Sunni 'ulama accept

that this verse was revealed about Mut'ah, but a large majority also believe that there

has been tahreef (change, distortion) in this verse in order to create confusion as to its

real meaning. A number of Sunni hadeeth claim that this verse was read in a different way

than it is today, in a way that makes it clear that it refers to Mut'ah. Imam of Ahl

as-Sunnah Abu Hayyan Andalusi in his commentary of Sharh Afhaq 'al Bahar al Maheet' Volume

3 page 218 states:

"Ubay ibn Ka'b, Ibn Abbas and Ibn Jabeer would read the verse with the words 'for

a prescribed period'.

A number of Sunni Tafsir claim that the words "for a prescribed period" were

read by the Sahaba when they recited this verse:

1. Tafseer Durre Manthur Volume2 P. 40 -
2. Tafseer Tabari Volume 5 p.
3. Tafseer Kabeer Volume 3 p. 94
4. Fathul Qadeer Volume 1 p. 14
5. Tafseer Ibn Katheer Volume 1 p. 84
6. Tafseer Ruh al Maani Volume 5 p.
7. Tafseer Kashaf p. 20
8. Tafseer Mazhari Volume2 p. 4
9. Tafseer Ahkam al Quran Volume2 p. 47
10. Tafseer Mu'alim al Tanzeel p. 63
11. Mustadrak Al Hakim volume 2 p. 47
12. Al Musahif by Abi Bakr Sijistani p. 3
13. Tafseer Mawahib al Rahman page 4 part 5
14. Tafseer Haqqani volume5 p.
15. Tafseer Jama Al Bayan Volume1 p. 66
16. Neel al Authar Volume2 p. 53 Kitab Nikah
17. Tafseer Qurtabi Volume5 p. 30
18. Dhurqani Sharh Muwatta Volume1 p. 54
19. Kitab al Musahaf page 342
20. Al Bahar al Maheet Volume 3 page 218
    
    In later chapters when pages of sources are not mentioned then we are referring to references from above pages.

Specifically, the companion Abdullah ibn Masu'd is cited as reading the verse on Mut'ah

with the additional words 'for a prescribed period' confirming its legitimacy, as well as

testifying to tahreef in Uthman's compiled Quran. This is cited in the following sources:

1. Tafseer Maar Volume5 p. 5
2. Tafseer Jama al Bayan Volume6 p. 9

All of these sources agree that Ibn Masud would read the verse of "Istimatum"

followed by the words 'for a prescribed period'. Can we conclude that these Sahaba were

liars or were they suggesting that words were missing in the Quran collected by Uthman?

The companion Ubay Ibn Ka'b is also said to have stated that the verse of Mut'ah included

the words "for a prescribed period" and that the Companions remained silent when

he recited the verse in this way. We read in Tafseer Kabeer Volume 3 p. 94:

Its proven that this verse came down about Mut'ah, first reason for this is Ibn Kaab

would read the verse on Mut'ah with the "Ajol Masomee", Ibn Abbas would also

read it in the same way and the Ummah did not order them to stop reading verses in this

way.

The implication of the hadeeth is this: that the Ummah accepted the addition of the words

"for a prescribed period". According to Sunni aqa'id, ijma' (consensus of the

Ummah) is a source of Islamic law. We see that the Ummah consented to these additional

words in the recitation of these important companions. In a later discussion, we will see

how ijma' is used by the enemies of the Ahl al-Bayt (as) to justify 'Umar's prohibition of

Mut'ah, arguing that the Companions were silent about 'Umar's innovation and that,

therefore, they were pleased with it. However, we see the Sunni hadeeth literature

claiming ijma' for something which contradicts the version of the Qur'an constituted by

'Uthman, which clearly supports the position that Mut'ah was halaal and that verse 4:24

was revealed in order to legitimise the practice of temporary marriage.

Further evidences in this regard:

1. Imam of Ahl as-Sunnah Sulayman bin Ashash Sijistani the son of the author of Sunan Abu Daud in his renowned Sunni work 'al Musahaf' page 286 records as follows: "Ubay bin Ka'b and Saeed bin Jabeer would read this verse with the words 'for a prescribed period'"
2. Ibn Abbas would read the verse of Mut'ah with the words "for a prescribed period' and openly declared this to be halaal.
   Tafseer Al Baghawi, Al Musami Mualim al Tanzeel, p. 414 (http://www.answering-ansar.org/answers/mutah/tafseer_albaghawi_p414.jpg)
3. 'Abu Nadhra asked Ibn Abbas about Mut'ah and he replied "haven't you read the verse in Surah Nisa:- "those women for prescribed period"' Abu Nadhra said "I did not read the verse in this way". Ibn Abbas replied that "Allah has revealed the verse in this manner". Ibn Abbas swore that this verse was about Mut'ah.
   Tafseer Durre Manthur Volume2 P. 40
   This recital was also recorded in Tafseer Tabari, on the authority of Ibn Ka'b:
   Tafseer al-Tabari, p. 14 & 15 (http://www.answering-ansar.org/answers/mutah/tafseer_altabari_p14_15.jpg)
4. Allamah Sijistani in al Musahaf page 342 records that: Abu Nadhra said: Ibn Abbas (RA) recited the verse 4:24 with the addition of "to an appointed time". I said to him: "I did not read it this way." Ibn Abbas replied: "I swear by Allah, this is how Allah revealed it," and Ibn Abbas repeated this statement three times."
   This tradition has been similarly recorded in Tafseer Durre Manthur
5. Ibn Abbas claimed that the other Sahaba also read the verse on Mut'ah with the words 'for a prescribed period'
   Tafseer Dur al-Manthur Volume 2, P. 140 & 141 (http://www.answering-ansar.org/answers/mutah/tafseer_dur_almanthur_v2_p140_141.jpg)
6. We also read in Durre Manthur that Ibn Abbas said: "Mut'ah was practised from the outset of Islam and the Companions would read the verse of Mut'ah with the words 'for a prescribed period'.

Tafseer Dur al-Manthur Volume 2, P. 140 & 141

(http://www.answering-ansar.org/answers/mutah/tafseer_dur_almanthur_v2_p140_141.jpg)

We have seen that many narration's claim that Ibn Abbas recited the verse in a fashion

that clearly refers to Mut'ah. The famous hadeeth narrator and scholar Al-Hakim in

Mustadrak al Hakim volume 1 page 305 graded the words of Ibn Abbas claim that the verse of

Mut'ah included the words 'for a prescribed period' to be a Sahih narration. After

recording the words of Ibn Abbas, reading the words 'for a prescribed period' in the verse

he grades the narration Sahih according to the criterion of Muslims. No Sunni can deny the

status of Hakim within their sect; the famous scholar Shah Waliyullah graded Hakim as the

mujadid (reviver of the faith, perhaps the highest praise that can be given to a Sunni

'alim by his community) in the fourth century. In Izalathul Khifa p. 77 part 7, al

Muhaddith Shah Waliyullah stated:

A Mujadid appears at the end of every century: The Mujtahid of the 1st century was Imam

of Ahlul Sunnah, Umar bin Abdul Aziz. The Mujadid of the 2nd century was Imam of Ahlul

Sunnah Muhammad Idrees Shaari the Mujadid of the 3rd century was Imam of Ahlul Sunnah Abu

Hasan Ashari the Mujadid of the 4rth century was Abu Abdullah Hakim Nishapuri.

(Mutah, A Comprehensive Guide, "Quranic Evidences for the Legitimacy of Mutah"; Source)

"Mutah marriage involves a man hiring a woman for a specific amount of

money, for a certain period of time, to have sex with her. The scholars agree that this

Mut'ah marriage was authorized in the beginning of Islam. It is reported that when the

Prophet came to Mecca to perform umrah, the women of Mecca dressed up and adorned

themselves. The companions complained to the Prophet that they had not had sex for a long

time, so he said to them: Enjoy these women." (At-tafsir al-kabir, Q. 4:24)

"No Muslim disputes that Mut'ah marriage was allowed in early Islam, the

difference is whether it has been abrogated or not." (Ibid.)

Narrated Abu Jamra:

I heard Ibn Abbas (giving a verdict) when he was asked about the Muta with the

women, and he permitted it (Nikah-al-Muta). On that a freed slave of his said

to him, "That is only when it is very badly needed and women are scarce." On

that, Ibn Abbas said, "Yes." (Sahih Al-Bukhari, Volume 7, Book 62, Number 51)

Ibn Uraij reported: 'Ati' reported that Jabir b. Abdullah came to perform 'Umra, and we

came to his abode, and the people asked him about different things, and then they made a

mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by

this temporary marriage during the lifetime of the Holy Prophet (may peace be upon him)

and during the time of Abu Bakr and Umar. (Sahih Muslim, Book 008, Number 3248)

Urwa b. Zubair reported that Abdullah b. Zubair (Allah be pleased with him)

stood up (and delivered an address) in Mecca saying: Allah has made blind the hearts of

some people as He has deprived them of eyesight that they give religious verdict in favour

of temporary marriage, while he was alluding to a person (Ibn 'Abbas). Ibn Abbas called

him and said: You are an uncouth person, devoid of sense. By my life, Mut'a was practised

during the lifetime of the leader of the pious (he meant Allah's Messenger, may peace be

upon him), and Ibn Zubair said to him: Just do it yourselves, and by Allah, if you do that

I will stone you with your stones. Ibn Shihab said. Khalid b. Muhajir b. Saifullah

informed me: While I was sitting in the company of a person, a person came to him and

he asked for a religious verdict about Muta and he permitted him to do it

. Ibn

Abu Amrah al-Ansari (Allah be pleased with him) said to him: Be gentle. It was

permitted in the early days of Islam, (for one) who was driven to it under the stress of

necessity just as (the eating of) carrion and the blood and flesh of swine and then Allah

intensified (the commands of) His religion and prohibited it (altogether). Ibn Shihab

reported: Rabi b. Sabra told me that his father (Sabra) said: I contracted temporary

marriage with a woman of Banu 'Amir for two cloaks during the lifetime of Allah's

Messenger (may peace be upon him); then he forbade us to do Muta. Ibn Shihab said:

I heard Rabi b. Sabra narrating it to Umar b. Abd al-Aziz and I was

sitting there. (Sahih Muslim, Book 008, Number 3261)

Abu Nadra reported: While I was in the company of Jabir b. Abdullah, a person came to

him and said that Ibn 'Abbas and Ibn Zubair differed on the two types of Mut'a

(Tamattu of Hajj 1846 and Tamattu with women), whereupon Jabir said: We used

to do these two during the lifetime of Allah's Messenger (may peace be upon him). Umar

then forbade us to do them

, and so we did not revert to them. (Sahih Muslim, Book 008, Number 3250)

Yahya related to me from Malik from Ibn Shihab from Urwa ibn az-Zubayr that Khawla ibn

Hakim came to Umar ibn al-Khattab and said, "Rabia ibn Umayya made a temporary

marriage with a woman and she is pregnant by him." Umar ibn al-Khattab went

out in dismay dragging his cloak, saying, "This temporary marriage, had I come across

it, I would have ordered stoning and done away with it!" (Maliks Muwatta, Book 28, Number 28.18.42)

According to Muhammad b. Ishaq - Yahya b. Main Yaqub b. Ibrahim -

Isa b. Yazid b. Dab - Abd al-Rahman b. Abi Zayd Imran b.

Sawdah: I said the morning prayer with Umar, and he recited the Subhan chapter and

one other. Then he left. I went off with him, and he asked if there was anything he could

do. I told him there was, so he asked me to join him. I did so and, when he entered [his

house], he gave me permission [to enter]. There he was on a bed with nothing on it. I told

him I wanted to give him some advice. His reply was, "The person giving good advice

is welcome anytime." I said, "Your community finds fault with you on four

counts." (Umar) put the top of his whip in his beard and the lower part on his

thigh. Then he said, "Tell me more." I continued, "It has been mentioned

that you declared the lesser pilgrimage forbidden during the months of the [full]

pilgrimage. The Messenger of God did not do this, nor did Abu Bakr, though it is

permitted." He answered, "It is permitted. If they were to perform the lesser

pilgrimage during the months of the pilgrimage, they would regard it as being in lieu of

the full pilgrimage, and (Mecca) would be a deserted place that year, and the pilgrimage

would be celebrated by no one, although it is part of God's greatness. You are

right." I continued, "It is also said that you have forbidden temporary

marriage, although it was a license (rukhsah) given by God. We enjoy temporary

marriage for a handful [of dates], and we can separate after three nights." He

replied, "The Messenger of God permitted it at a time of necessity. Then people

regained their life of comfort. I do not know of any Muslim who has practiced this or gone

back to it. Now anyone who wishes can marry for a handful [of dates] and separate after

three nights. You are right." I continued, "You emancipatea slave girl

if she gives birth, without her master's [consent to] the emancipation." He replied,

"I added one thing that is forbidden to another, intendingonly to do some

good.I ask Gods forgiveness." I continued, "There have been

complaints of your raising your voice against your subjects and your addressing them

harshly." He raised his whip, then ran his hand down it right to the end. Then he

said, "I am Muhammad's traveling companion"- he [in fact] sat behind him at the

raid on Qarqarat al-Kudr (The History of al-Tabari: The Conquest of Iran, translated by G. Rex Smith [State University of New York Press, Albany, 1994], Volume XIV, pp. 139-140; bold emphasis ours)

Narrated 'Imran bin Husain:

The Verse of Hajj-at-Tamatu was revealed in Allahs Book, so we performed it with

Allahs Apostle, and nothing was revealed in Qur'an to make it illegal, nor did

the Prophet prohibit it till he died. But the man (who regarded it illegal) just

expressed what his own mind suggested. (Sahih Al-Bukhari, Volume 6, Book 60, Number 43)

And let those who do not find the means to marry keep chaste until Allah makes them

free from want out of His grace. And (as for) those who ask for a writing from among those

whom your right hands possess, give them the writing if you know any good in them, and

give them of the wealth of Allah which He has given you; and do not compel your slave

girls to prostitution, WHEN THEY DESIRE TO KEEP CHASTE, in order to seek the frail

good of this world's life; and whoever compels them, then surely after their compulsion

Allah is Forgiving, Merciful. S. 24:33 Shakir

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Divorced women shall wait concerning themselves for three monthly periods. Nor is it

lawful for them to hide what God Hath created in their wombs, if they have faith in God

and the Last Day. And their husbands have the better right to take them back in that

period, if they wish for reconciliation. And women shall have rights similar to the rights

against them, according to what is equitable; but men have a degree (of advantage) over

them. And God is Exalted in Power, Wise. Sura 2:228 Y. Ali

Narrated Abdullah:

We used to participate in the holy wars carried on by the Prophet and we had no

women (wives) with us. So we said (to the Prophet). "Shall we castrate

ourselves?" But the Prophet forbade us to do that and thenceforth he allowed

us to marry a woman (temporarily) by giving her even a garment, and then he recited:

"O you who believe! Do not make unlawful the good things which Allah has made lawful

for you." (Sahih al-Bukhari, Volume 6, Book 60, Number 139)

The Proceeded for Contracting Mutah

When Hisham Salim asked how one should contract mut'ah,

Imam Ja'far as-Sdiq answered that one should say, "I am marrying you for this period

of time for this amount of money. When the prescribed period is over, there will be

annulment, and there will be no 'iddah after

this." 25

The Least Costly Mut'ah

Mutah is a marriage that may last for a

very short time. It needs no witnesses, and it has no period of 'iddah. The minimum compensation that could be paid to the woman

for sexual relations is one dirham (i.e., less than

25 cents)."29 (Dr. Ahmad Abdullah Salamah, Shiah Concept of Temporary

Marriage (Mutah): source)

In Mut'a, THERE IS NO DIVORCE; once you pay the set amount of money and the assigned

time ends there is no rights, no duty, no inheritance laws, or divorce process. The only

law is that the woman waits for a period of 45 days before she enters into another Mut'a,

while the man can have immediate one, even while he is married or in another Mut'a. This

goes against what Allah assigned for marriage in the Qura'n. In Surah 2 Ayah 228 Allah

says, Divorced women shall wait concerning themselves for three monthly periods and it is

not lawful for them to hide what Allah hath created in their wombs. If they have faith in

Allah and the last day." In Mut'a she can be pregnant with the child of her first

Mut'a husband and be married to her second Mut'a husband or the permanent. In the book of

Mustadrak-Alwasa il (Shia authentic hadith book) vol. 7 book 3 pg. 506 rewayah 8762, it

states that the prophet said that who ever cannot find the ability to get married let him

fast, my ummah s protection is fasting. Also in Beharul-Alanwaar (Shia hadith book in

vol.14 pg. 327 rewayah 50:21) it states that Imam Ali said and seek protection from women

desire by fasting. What is the need for fasting if Mut'a is OK? It is obvious that this

contradict this idea. I hope and pray that we will take this matter seriously.

Iddah (Waiting Period) in Mut'ah

Iddah is obligatory upon women in Mut'ah, just like in Nikah i.e.

1. A woman cannot enter into Mut'ah marriage, till the time she has become pure by observing the 'iddah (waiting period) from her earlier husband.
2. And after expiration of Mut'ah marriage, again she has to observe 'iddah, before getting married (either Nikah or Mut'ah) to any other person.

(Mutah, A Comprehensive Guide, "What is Mutah?"; source)

The woman and the man guilty of adultery or fornication, - flog each of them

with a hundred stripes: Let not compassion move you in their case, in a

matter prescribed by God, if ye believe in God and the Last Day:

and let a party of the Believers witness their punishment. Y. Ali

And all married women (are forbidden unto you) save those (captives) whom your

right hands possess. It is a decree of Allah for you. Lawful unto you are all

beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not

debauchery. And those of whom ye seek content (by marrying them), give unto them their

portions as a duty. And there is no sin for you in what ye do by mutual agreement after

the duty (hath been done). Lo! Allah is ever Knower, Wise. S. 4:24 Pickthall

And when you said to him to whom Allah had shown favor and to whom you had shown a

favor: Keep your wife to yourself and be careful of (your duty to) Allah;

and you concealed in your soul what Allah would bring to light, and you feared men, and

Allah had a greater right that you should fear Him. But when Zaid had accomplished

his want of her, We gave her to you as a wife, so that there should be no

difficulty for the believers in respect of the wives of their adopted sons, when they have

accomplished their want of them; and Allah's command shall be performed. S. 33:37 Shakir

Imam of Ahl as-Sunnah Yusuf al-Qaradawi in his article on Nikah, takes the opportunity

to attack the concept of Mut'ah and advances this rational:

Similarly the Islamic Voice Magazine, in their article on Mut'ah claimed:

Reply - Had the Sahaba still not abandoned the traits of jahiliyya in the 8th Hijri?

The comments of Qaradawi and Islamic Voice Magazine are indeed an insult of the noble

companions, were they still embedded in jahiliyya, at the time of the conquest of Makka in

the 8th Hijri or as Islamic Voice claim 10th Hijri? Are these authors suggesting that the

great Sahaba who were willing to sacrifice their lives / possessions upon every order of

Rasulullah (s) were (at this late stage of the Prophetic mission) so influenced by the

practises of jahiliyya that they could not control their sex drives upon an order of

Rasulullah (s)? Is it not insulting to suggest that as Qaradawi suggests, this 'period of

transition from jahiliyya to Islam' had not been attained by the Sahaba in 8 Hijri, just

two years before the death of Rasulullah (s)? According to the Islamic Voice magazine the

beloved Sahaba were so 'weak' that Rasulullah (s) 'sensed that all of them could not bear

to keep away from women for months so the temporary permission of Mut'ah'. Both authors

are suggesting that the same Sahaba that had turned their back on their families, who

would willingly accept every word of Rasulullah (s) without raising any objections, were

unable to let go of the jahiliyya practise of Mut'ah. And what can we say about Islamic

Voice comments 'Those who believe in Muta's prohibition should also learn from the Prophet

(Pbuh) the wisdom of gradually implementing the laws that are hard to practise for the

beginners'. Were the Sahaba who stood shoulder to shoulder with Rasulullah (s) who

(according to Sunni accounts) always stood faithfully at his side through thick and thin

were merely 'beginners' when Mut'ah was banned at the time of the Farewell Pilgrimage in

the 10th Hijri? Are comments such as these not slurs against the Sahaba? (Mutah, A Comprehensive Guide, "The Argument that Mutah is Immoral"; source)

Reply

This is a very weak argument for several reasons. The first and most glaring

mistake is chronological. It is indeed very sad that individuals such as Dr. Salamah, in

their efforts to protect Umar they haven't bothered contemplating their claim before

publishing it in an open forum. The verse of Mut'ah 'Istamatum' that has allegedly been

attributed to Ayesha and Ibn Abbas is in Surat an-Nisa and this is verse was revealed

while the Prophet (s) was in Madinah. Surah Momineen and Surah Maarij, the verses quoted

above, both descended in Makka

As anybody with even the most basic knowledge of Islam knows that the Prophet (s)

migrated from Makka to Madinah, meaning he was in Makkah first. Allamah Shabbir Ahmad

Uthmani in Fath al Mulhim, Sharh Muslim Volume 3 page 221 in his discussion of the verse, 'And

those who preserve their private parts except with their spouses or what their right hands

posses' - states:

"The verse being referred to descended in Makka"

Whilst these verses descended in Makka, Sunni traditions confirm that Mut'ah was practised

much later, during the battle of Khayber. This means that, according to Dr. Salamah, the

abrogating verse (nasikh) was revealed before the abrogated verse (mansukh). This is, of

course, a logical impossibility: how can the verse of Mut'ah be abrogated by the verses

from Surat al-Mu'minun when the verse of Mut'ah was revealed after those verses? It is

like trying to defend the legitimacy of Mu'awiya by acknowledging that he was conceived

first and his parents married after.

Allamah Baghdadi in his discussion of the verse 'And those who preserve their private

parts except with their spouses or what their right hands posses' also acknowledges this

fact in his Tafseer Ruh al Ma'ani Volume 9 page 10:

"This verse is Makkan and descended before the Hijrah [migration], since Mut'ah

was halaal after the Hijrah, it is difficult to advance this as evidence of the illegality

of Mut'ah".

Renowned Deobandi scholar Allamah Waheed'udeen az Zaman Hyderabadi in Lughath al Hadeeth

Volume 5 page 9 said:

"Mut'ah existed at the outset of Islam and this is a proven fact, when this verse

descended 'And those who preserve their private parts except with their spouses or what

their right hands posses' it became haraam. This may lead to objections being raised due

to the fact that the verse is Makkan and the practise of Mut'ah afterwards is an

established fact"

Also in Lughath al Hadeeth Volume 3 page 105, az Zaman, in his discussion of the word

'Shaqee' states:

"The verse 'except with their wives or those [women] whom their right hands

possess' appears in two Surah's and both are without a doubt Makkan. The practise of

Mut'ah existed after the descent of these verses".

In his Tayseer al Bari Sharh Bukhari, Volume 6 page 116 Allama az Zaman said:

"Those who rely on 'except with their wives or those [women] whom their right

hands possess' are in error as this is a Makkan verse and there is agreement that Mut'ah

was halaal after this".

Maulana Sayyid Abu'l Maudoodi in his discussion of the verse of Surah Mu'minun in Tafheem

ul Qur'an Volume 8 page 12 footnote 4 states:

"Some commentators have proved the prohibition of Mut'ah (temporary marriage) from

this verse. They argue that the woman with whom one has entered into wedlock temporarily,

can neither be regarded as a wife nor a slave girl. A slave girl obviously she is not, and

she is also not a wife, because the legal injunctions normally applicable to a wife are

not applicable to her. She neither inherits the man, nor the man her; she is neither

governed by the law pertaining to 'iddah (waiting period after divorce or death of

husband), divorce, sustenance nor by that pertaining to the vow by man that he will not

have conjugal relations with her. She is also from the prescribed limit of four wives.

Thus when she is neither a 'wife' not a 'slave girl' in any sense, she will naturally be

included among those 'beyond this', whoso seeker has been declared a 'transgressor' by the

Qur'an.

This is a strong argument but due to a weakness in it, is difficult to say that this verse

is decisive with regard to the prohibition of Mut'ah. The fact is that the Holy Prophet

enjoined the final and absolute prohibition if Mut'ah in the year of the Conquest of

Makkah, but before it Mut'ah was allowed according to several authentic traditions. If

Mut'ah had been prohibited in this case, which was admittedly revealed at Makkah several

years before the migration, how can it be imagined that the Holy Prophet kept the

prohibition in abeyance till the conquest of Makkah?"
Tahfeem ul Quran, Volume 8, Page 12

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Allamah Uthmani in his commentary of the Mut'ah narrations in Fath al Mulhim, Sharh Muslim

Volume 3 page 440 states:

"Nikah Mut'ah was a lesser type of marriage that was Mubah and then made haraam in

general terms, when this type of Nikah brought no benefits - Talaq, inheritance or other

rights were not proven as was the case with (standard) Nikah. Although from one angle this

is also a type of Nikah, women in Mut'ah were 'Zawaaj Naqsa' which is why their rights

were not established, as was the case until Allah revealed the verse 'except with their

wives or those [women] whom their right hands possess'. This verse does not make Mut'ah

unlawful / batil, Mut'ah women can also come within the definition of wife in some

respects, as we've proven Mut'ah is applicable in such circumstances as a means of

separating oneself from Zina. How can it be advanced that this verse proves the illegality

of Mut'ah, the verse is Makkan and according to our knowledge no scholar has claimed that

Mut'ah was prohibited before Khayber, although different views have been aired amongst

scholars over the prohibition after Khayber".

These comments are sufficient in refuting the argument of Dr. Salamah that the verse of

Mut'ah was abrogated by Surat al-Mu'minun, and furthermore demonstrates a profound lack of

knowledge and awareness about the Holy Qur'an: one only has to look in the table of

contents of the modern Saudi Arabian edition of the Qur'an (the ubiquitous

"green" Qur'an found in all mosques) to discover what sequence these verses came

down in. As such, we are left with two possibilities as to how to interpret Dr. Salamah's

work: either he is entirely ignorant about the Holy Qur'an (something his comment about

the verse of Mut'ah demonstrates), or he is simply lying. Either way he has already

disqualified himself as an Islamic scholar.

Besides this obvious blunder with regards to the Qur'anic text, it should also be noted

that Dr. Salamah has once again contradicted well-known Sunni 'ulama. Qadhi Badr'adeen

A'ini and the world-famous Allamah Maudoodi declared that no

verse has abrogated Mut'ah. We read in Umdah' thul Qari fi Sharh Sahih al Bukhari Volume 8

page 311 Bab Ghazwa Khayber:

If it is said that one who practises Mut'ah should be punished, it should be noted that

most of Imam Malik's students asserted that no penalty should be applied, as there is no

evidence that Mut'ah was made haram by the Qur'an.

On page 310, Qadhi then states:

The 'ulama have claimed that there is an ijma on the permissibility of Mut'ah, there is

no evidence from the Qur'an that Mut'ah is haram.

In addition to this, we have the founder of Jamaat-e-Islami, Maulana Sayyid Abu'l Ala

Maudoodi stating in his Tafheem ul Qur'an [English translation] Volume 8 page 12 footnote

4:

The correct position therefore is that the prohibition of Mut'ah is not based on any

express law of the Qur'an, but is based on the Sunnah of the Holy Prophet (s).

Does Dr. Salamah, then, hold himself above this scholar? Of the many weaknesses in Dr.

Salamah's article, one is most certainly his crude emotionalism. He does not seek to prove

that Mut'ah is haram according to the Shari'ah as a matter of mere law, but rather spends

most of his time arguing that Mut'ah is a fundamentally immoral and evil practice. Yet

here we see one of the most famous scholars in modern Sunni Islam arguing that:

1. Mut'ah was made halaal by the Qur'an
2. Mut'ah was not abrogated by anything in the Qur'an

As such, the Qur'an upholds Mut'ah. Dr. Salamah's belief that Mut'ah is a moral vice

and sin, something no pious person could countenance, therefore becomes a direct insult

against the Qur'an and its Creator, Allah (swt). But in any case, it is possible that

somebody such as Dr. Salamah may reject the words of these 'ulama. But it would be

difficult for any Sunni Muslim to wholly reject the belief of the Prophet (s)'s Companions

and Successor (Taabi'een). From this group of people, we find narration's that state that

at least eight of the companions and three of the Taabi'een continued to believe that

Mut'ah was halaal, and therefore did not hold to Dr. Salamah and others belief in Mut'ah's

abrogation. We read in Ahlul Sunnah's authority Neel al Authar Volume6 p. 53 B Nikah

Mut'ah

"Those Sahaba who deemed Mut'ah halaal after Rasulullah(s) were Asma binte Abu

Bakr, Jabir bin Abdullah, Abdullah bin Masud, Abdullah bin Abbas, Mu'awiyah, Umro bin

Harith, Abu Saeed and Salma binte Umayya. Amongst the Taabi'een who deemed Mut'ah to be

Halal were al Taus, Ata and Saed Bin Jabeer." (Ibid., "Was Mutah Abrogated by the Quran?"; source)

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