Muslim controversies related to Nikah Mut'ah

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Part of a series on the Nikah Mut'ah – a discipline of Islamic marital jurisprudence
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Nikah Mut'ah Muslim controversies Salaf verdicting against Salaf verdicting in favor Scholars verdicting against Scholars verdicting in favor An-Nisa, 24
Hadith regarding its legality
Initial practice Prohibition by Muhammad Sura Muminun Khaybar Hadith of Sabra Prohibition by Umar Four advices Speech of forbidding Wretched persons Imran ibn Husain Use after Muhammad Ibn al-Zubayr This box: view • talk • edit

This article tries to represent the Shi'a and Sunni views regarding Muslim controversies related to Nikah Mut'ah, or temporary marriage. For a more in depth view of the individual sources present, see Hadiths related to Mut'ah.

1 Initial legality
2 Sunni viewpoint
3 Twelver Shi'a viewpoint
4 See also
5 References

[edit] Initial legality

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

"There's no doubt the in the outset of Islam, Mut'ah was allowed under the Shari'ah". ^[1]

[edit] Sunni viewpoint

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.

This was the stage as it appeared to the Messenger of Islam, Muhammad, as he began his prophethood. During the course of his prophetic career, Muhammad forbade temporary marriage, re-allowed it briefly because the early followers found the abolition too difficult, and then permanently banned it.

The hadith, 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.'"

The Prophet then forbade it, but during a military expedition, he was approached by some of the followers who said, "We were on an expedition with the Messenger of Allah and did not have our wives with us, so we asked Allah's Messenger, 'Should we not castrate ourselves? (The reason for this request was the desire to maintain their purity of mind and body, which was in danger of being affected by their unmet needs. He forbade us to do so but permitted us to contract marriage with a woman up to a specified date, giving her a garment as a dower (mahr)." [8] Sunnis believe that Muhammad made the prohibition on his return from the expedition to Tabuk, at the head of a large army:

"O people, I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to them (as dower)." [9]

[edit] The Qur'an argument

In verse 4:24 in the Qur'an, it states:

"(And also prohibited are) the women already bound in marriage, except the bondwomen you come to own. It is has been written by Allah for you. All except them have been permitted for you to seek (to marry) through your wealth, binding yourself, (in marriage) and not only for lust. So, whoever of them you have benefited from, give them their due as obligated. And there is no sin on you in what you mutually consent to after the (initial) settlement. Surely, Allah is All-Knowing, All-Wise. (Surah an-Nisa, Ayat 24)"

Sunnis argue that because it is stated in the verse that marriage should not take place only for lust, Mut'ah marriages should not be permitted since that is one of the purposes of the limited union.

An important institution such as marriage should not be left up to the interpretation of a single word in the Qur'an, hence the hadith is valid for abrogating it. However, the Qur'an never banned it and it has a much higher authority over the matter.

(Modern) Mut'ah marriages violate concepts of Islamic inheritance laws, which are stated in the Qur'an.

[edit] The moral argument

Sunnis believe that some of the objectives of marriage are: producing children, creating permanent rights and obligations, and setting up a family; none of which Sunnis believe is fulfilled in a Mut'ah union^[10].
Some Sunnis see Nikah Mut'ah as a form of prostitution, belittling the chasity of both husband and wife.
Since the husband is not required to support the wife, the limit of four wives (which is not in the Qur'an) is not taken into consideration or limitation, which Sunnis view as a violation of the rule.

[edit] The historical argument

Mut'ah was a pre-Islamic tradition of the Arabs, and as such, in the early days of Muhammad's prophetic career, it would have been a custom of the early Muslims. As drinking intoxicants was allowed, then allowed with limits, Mut'ah too was gradually allowed with limits from Islamic legitimacy.
Yusuf al-Qaradawi writes ^[2]:

The reason it was permitted in the beginning was that the Muslims were passing through what might be called a period of transition from jahiliyyah to Islam. Fornication was very common and widespread among the pre-Islamic Arabs. After the advent of Islam, when they were required to go on military expeditions, they were under great pressure as a result of being absent from their wives for long periods of time. Among the Believers were some who were strong in faith and others who were weak

The above is echoed by Islamic Voice Magazine ^[3]

[edit] Who abolished it?

Sunni 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).

Sunnis believe that Umar later was merely enforcing a prohibition that was established during the Prophet's time.

[edit] Twelver Shi'a viewpoint

[edit] The Quran argument

Twelver Shi'a 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.

[edit] The moral argument

Twelver Shi'a 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 ^{Arabian Sex Tourism by Daniel Pipes}.

[edit] 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 haram, then halal, then haram 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 ^[4]

[edit] Who abolished it?

Shi'a believe that Umar ibn al-Khattab abolished it.

He did it during the third year of his reign, 15 ah (637 CE), 6 year after the revelation of vers 4:24, in the Hadith of Umar's speech of forbidding Mut'ah , but since he had no authority to do so, Umar's prohibition seems to be temporary and place specific, hence may be ignored (Muslim 2801 1, 2).

[edit] Did the Sahaba practice it after Muhammad?

They further believe that this was known to the Sahaba, but that they where afraid of opposing Umar (Muslim 2828) (Note: in that link, the Arabic "Mut'ah" has been mistranslated as "combined Hajj and Umra, making imposible the interpretatinon that both forms of Mut'ah are meant(ref). Shia and Suni agree that Umar forbade Mut'ah of Hajj, however, only Shia believe that Umar forbade "Nikah Mut'ah" at the same time.".)

[edit] When is it useful?

The site Answering Ansar gives the following points:

A person who is away from his homeland for a period of time and away from his wife etc. but he still has his human nature (i.e. lust). In this condition marriage is not suited for him and he cannot restrain his desires. So what does the Shari ayah say regarding these circumstances? Well his options are to do Nikah for a stipulated time or the other alternative is to commit adultery or fornication.

In some countries the law says a non-naturalised citizen cannot marry a woman and take her back to his country. In this circumstance if Mut'ah is performed, after the set period both the man and the woman are free, from each other. If marriage is commenced then the couple are tied with other for the rest of their lives, or they will get tangled in achieving a divorce.

Islam is a religion that is suited for all nations and ages. Mut'ah is a good example of that. In the western world adultery and fornication are common and openly performed. Mut'ah is a way of protecting a person from committing these serious sins and vices.

One of the benefits of Mut'ah is that a couple who do Mut'ah get to understand each other better over that period of time. If all goes well, when the period of Mut'ah is over they may engage in a permanent marriage. This could also be in a reverse case, if all does not go to plan then they may go their own ways after the limit of Mut'ah. Rather then getting married and then having a divorce Mut'ah is a great way of overcoming this undesirable act (divorce). ^[5]