Nikah Mut‘ah
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- This is a sub-article to Islamic marriage.
This article is about the marriage form, for other uses, see Mut'ah.
According to the majority of Shi'a school of thought Nikāḥu’l-Mut‘ah (Arabic: نكاح المتعة , also Nikah Mut‘ah literally, marriage for comfort and fun [1]), is the second form of marriage, described in the Qur'an (4:24). It is a fixed-time marriage which, according to the schools of Shari‘a (Islamic law), is a marriage with a preset duration. After this period expires, the marriage is automatically dissolved. This is the most controversial fiqh topic; Sunnis and Shi‘a hold diametrically opposed views on its permissibility after Muhammad's era.
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[edit] Rules
Nikahu’l-Mut‘ah resembles a Nikah "marriage"[permanent] in many, but not all, aspects. It commences in the same way as a Nikah except that for some, a date of expiration for the marriage is added to the marriage contract. 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).ّ In case of sexual intercourse, the woman must observe iddah (a waiting period) before she can marry anyone else. Nikahu’l-Mut‘ah is considered mustahab (recommended).[2] It is also mustahab (recommended) to extend the marriage or to transform it into a permanent one.[citation needed]
[edit] Differences between Nikahu’l-Mut‘ah and Nikah
It is important to understand the nature of human being as human being and the built up desires and requirements of human being. Islam is the religion of nature "Deen e Fitrat". Islam is complete code of life and it does not leave any of the aspect of human being's life without explaining in detail. Nikah e Mutta is a complete marriage but only with a pre set time of when the contract to be finished. Islam gives the opportunity to get married to someone we want for a certian period of time in order to understand each other and to know if the permanent marriage should take place. Why is it like this? Because Islam does not allow anyone to have sex with someone other than spouse. Some general rules follow. It is important to note that different Marja "authorities" may give different fatwa "legal rulings" on some issues. Many of the following rules may be changed in the Islamic marriage contract.
- The marriage is agreed upon 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 Twelver Shi‘a fiqh "jurisprudence", a divorce is viewed as a complex process involving mediators and an iddah 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 pre-set 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 Mahr "bride price". 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.
- 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.
- In Twelver Shi‘a Fiqh, 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 Nikaħ, 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 Nikaħ requires until they are overcome, in order to minimize potential friction in family life.
- In Twelver Shi‘a Fiqh, 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.
[edit] Similarities between Nikahu’l-Mut‘ah and Nikah
- 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. Some like Ali Sistani require father's premission, to prevent someone taking advantage of her inexperience; while others like Sadeq Rohani and Mohammad Ebrahim Jannaati do not require guardian's permission.[3][4][5]
- A contract is engaged when entering the marriage. Shi‘a believe that the marriage contract does not require witnesses and can be oral.
- The woman observes iddah at the end of the marriage That is, she must wait before remarrying - but only if she had sexual intercourse.[5]
- Shi‘a requires no witnesses to enter a marriage ref.
- May not marry a kafir (person who deny God)
[edit] Use of Nikahu’l-Mut‘ah in everyday life
The Nikahu’l-Mut‘ah has been used in various ways:
- Even though there are no fiqh requirements of having witness or a written contract, people might prefer to have both, and in some cases do complete the contract in the presence of a learned Muslim. Iranian law requires the contract to be written in the presence of a state representative.[citation needed]
- Nikahu’l-Mut‘ah is often used to get to know a person one intends to marry. According to some Grand Ayatollahs such as Ali Sistani, a female virgin needs her legal guardian's consent to marry, which makes the gaurdian to consider the aim of such and securing her economic status; and essentially making the consent more difficult to obtain if the man has used Nikahu’l-Mut‘ah casually. The consent is not required, according to
- Some people have chosen to live in a Nikahu’l-Mut‘ah for 99 years out of preference for its rules. For example, a woman may prefer freedom to go out, to financial support.
- Others use Nikahu’l-Mut‘ah in order to become Mahram (un-marriable) with somebody they do not intend to cohabit with or have a married relationship with, 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 Nikahu’l-Mut‘ah, writing in the marriage contract that no physical contact is allowed.
- The Nikahu’l-Mut‘ah can be used exclusively for the aim of having sex.[2]
- Two people who live in the same house but are not mahram (un-marriable) and must observe hijab may engage in a symbolic Nikahu’l-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 offsprings husband or wife permanently mahram to each other, and thus no longer obliged to observe hijab rules.
- Young unmarried males may decide to use Nikahu’l-Mut‘ah as an alternative to Zina. Thus in practice they engage in something very similar to western relations (that is, there is the potential of permanent marriage), but it differs in that there is a specified time as to how long the relationship is to last, with the possibility to prolong that period.
- It might be used to marry women from Ahl al-Kitab.
- Some divorced men and woman, disillusioned with permanent marriage, prefer to only commit for a few years at a time.
[edit] Qur'anic origin
Most Muslims believe that this institution was established by God through Muhammad in the Qur'an. Its single mention in the Qur'an is verse 4:24.
The prominent Sunni exeges ibn Kathir states in his Tafsir:
- Arabic: فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَـَاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً
- "('So with those among them whom you have enjoyed, give them their required due') was revealed on the subject of the Mut‘ah marriage. A Mut‘ah marriage is a marriage that ends upon a predetermined date." Tafsir ibn Kathir Sunni site.
The event of revelation was during the battle of Hunayn in 9 ah (631 CE) Muslim 3432.
Tabari in his Tafsir writes under this verse a hadith from Mujahid:
- "The phrase 'So for whatever you have had of pleasure (Istamta'tum) with them by the contract [4:24]' means the Temporary Marriage (Nikahu’l-Mut‘ah)." ref
Sunni Scholars, however, say 4:24 does not permit temporary marriage. The refutation of this is the fact that prior to this Allaah mentions the women whom a man is forbidden to marry, then he mentions what is permissible for him, and He commands the man to give to the woman he marries her mahr.- Shaykh Munnajjid (http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=20738&dgn=4)
This type of marriage was practised during the time of Muhammad, and Muhammad told a Sahaba to "do it." bukhari 062.052, and some Sahaba benefited from this type of marriage during the time of both ‘Umar and Abu Bakr Muslim 3248. Sunnies say that this type of marriage used to be allowed and then banned like many other banned things in Islam such as drinking beer which was allowed and banned later on in steps
The full verse is:
- (Shakir): "And all married women except those whom your right hands possess (this is) God's ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely God is Knowing, Wise."
- (Transliterated Arabic): "Wā l-muhsanātu mina n-nisā' illa mā malakat aymānukum kitāba l-Lāhi ˤalaykum wāħilla lakum mā warā' đalikum ān tabtaghū bi'amwālikum muħsinīna ghayra musāfiħīna famā istamtaˤtum bihi minhunna fātūhunna ujūrahunna farīđatan walā junāħa ˤalaykum fīmā tarāđaytum bihi min baˤdi l-farīđati inna l-Lāha kāna ˤalīmān ħakīmān."
- Arabic: وَالْمُحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللّهِ عَلَيْكُمْ وَأُحِلَّ لَكُم مَّا وَرَاء ذَلِكُمْ أَن تَبْتَغُواْبِأَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ إِنَّ اللّهَ كَانَ عَلِيمًا حَكِيمًا
[edit] Fornication
The phrase "taking (them) in marriage not committing fornication" implies that this is the legal prevention of fornication.
[edit] "Istamtaˤtum"
The phrase those whom you profit by, in Arabic istamtaˤtum bihi, has the same root as Mut‘ah, that is, MTĦ. The word is usually translated in its general meaning as "those whom ye seek content" or "they whom you have enjoyed". If the word was translated as an Islamic term, the translation would be: "They with whom you have made Mutˤāħ", or "They whom you have married for a fixed time".
Tabari in his Tafsir al-Kabir under the verse 4:24 mentioned a Tafsir Qudsi:
- Abu Nadhra said: Ibn Abbas 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 God, this is how God revealed it," and Ibn Abbas repeated this statement three times."
Al-Tha'labi in his Tafsir al-Kabir, under commentary of verse 4:24 narrated a similar tradition from Sa'id bin Jubayr. Tabari continued:
- Abu Nadhra said: I asked Ibn Abbas about temporary marriage (Mutˤāħ of women). Ibn Abbās said: "Do you not read 'For whatever you enjoyed (Istamtaˤtum) them by the contract to an appointed time?" I said: "If I would have read it this way, I wouldn't ask you (about temporary marriage)!" He replied: "Certainly the verse is about it."
Tabari continues to say that Ubay Ibn Ka'ab also knew that tafsir ref.
[edit] Ujūrahunna
The phrase "give them their dowries as appointed" is "bihi minhunna fātūhunna ujūrahunna farīdatan". "'Ujūrahunna" is derived from ajr "compensation"/"payment". This is in contrast to the verse on the subject of Nikah, verse 4:4. It states:
- (Shakir): "And give women their dowries as a free gift..."
- (Transliterated Arabic): "Wātū' an-nisā' saduqātihinna nihlatan"
- Arabic: وَآتُواْ النَّسَاء صَدُقَاتِهِنَّ نِحْلَةًَ
The word translated in 4:4 as "dowries" is "saduqātihinna". It is not the same word as used in 4:24, although it is often translated as such. In fact, 4:4 refers to "dowries" while 4:24 refers to "compensation"/"payment". Furthermore, 4:4 says "dowries as a free gift", while 4:24 says "dowries as appointed". However, this should only be taken as a difference between the Nikah vers of 4:4 and the Nikahu’l-Mut‘ah verse of 4:24 and it does not constitute a proof that "ujūrahunna" refers to only Nikahu’l-Mut‘ah, since the same word is used in verse 33:50 when referring to Nikah.
[edit] "After what is appointed"
The section "and there is no blame on you about what you mutually agree after what is appointed" refers to prolonging the marriage or making it permanent, something which is mustahab "recommended". If this doesn't occur, the wife must observe the Iddah, making it impossible for a woman to engage in a Nikahu’l-Mut‘ah, and have sexual intercourse with more than six partners per year, assuming a menstruation cycle of 20 days.
[edit] Muslims' view
This topic is controversial in the Muslim world. Twelver Shia deem it as a blessing revealed in the Qur'an intended to make everyday life easier, while Sunnis, because despite it's in the Qur'an, the Prophet never prescribed it and he himself never practised it.
Although this is the main fiqh difference between Twelver Shia and Sunnis, it is still merely a fiqh issue and not relevant to the core beliefs. The question is whether Muhammad or Umar abolished it, it does not define whether one is Shi'a or Sunni.
To see the hadith that Shi'a and Sunni use to support their arguments, see Hadiths related to Nikahu’l-Mut‘ah.
[edit] Twelver Shi'a view
Muslims in countries that permit Nikahu’l-Mut‘ah, such as Iran, have varying views on this form of marriage, depending on how it is used. Some practices are viewed as being more legitimate, while others are viewed as irresponsible.[citation needed]
[edit] Non-Muslim view
According to the Encyclopædia Britannica Muta "in Islāmic law, a temporary marriage that is contracted for a limited or fixed period and involves the payment of money to the female partner. Mutah is referred to in the Qurān (Muslim scriptures) in these words: “And you are allowed to seek out wives with your wealth in decorous conduct, but not in fornication, but give them their reward for what you have enjoyed of them in keeping with your promise” (4:24). Partners who engage in mutah must do so freely and must predetermine the compensation and duration of the contract. The woman, therefore, has no claim for maintenance, and the two do not inherit from one another unless there is a previous agreement on these matters. Any children from a mutah union go with the father. No extension of the mutah is permitted, but cohabitation may be resumed if a new agreement is reached with new compensation for the woman. All Muslim legal schools agree that mutah was recognized and practiced in the Prophet Muhammad's time. Most Sunnite Muslims, however, think the practice to have been forbidden by Umar I, the second caliph, and thus to have been abrogated. In consequence, Sunnite leaders have denounced mutah as simple prostitution. The Twelver Shīites, in contrast, consider mutah to be still valid and defend it as a guard against prostitution or license in circumstances in which regular marriage is impossible"
[edit] See also
- Ahadith related to Nikahu’l-Mut‘ah
- Muslim controversies related to Nikāħu l-Mutˤa
- Islamic view of marriage
[edit] References
[edit] General
- ^ http://www.sensagent.com/dictionnaires/ar-en/نكاح/ALEXMN/
- ^ a b See website of a Grand Ayatollah, and refer to Temoral marriage fatwas.
- ^ http://photo-origin.tickle.com/image/135/0/2/O/135028214O971296222.jpg
- ^ http://www.jannaati.com/far/index.php?page=6&row=6&start=6
- ^ a b http://photo-origin.tickle.com/image/100/3/7/O/100375044O531984102.jpg
- usatoday.com
- "mutah." Encyclopædia Britannica. Encyclopædia Britannica 2007 Ultimate Reference Suite. Chicago: Encyclopædia Britannica, 2006.
[edit] Shia links
- "Temporary Marriage in Islamic Law" — Sachiko Murata (Al-Serat vol. XIII, no 1)
- A Shi'ite Encyclopedia:
- "Mut'ah 'temporary marriage'" — sistani.org
- "Mut'ah, a comprehensive guide" — Answering Ansar
- http://www.mutah.com/
[edit] Sunni links
- Temporary Marriage, by Sheikh Amjad Rasheed (Shafi'i)
- Temporary Marriage & Avoiding Arguments, by Sheikh Faraz Rabbani (Hanafi)
- "Mut'ah marriage" Islam Questions & Answers
- Discussions on 'Mut`ah' Understanding Islam
- "Concept of Mut'uh" — Ahmad 'Abdullah Salamah, allaahuakbar.net
- http://www.guidedones.com/metapage/frq/umutah10.htm
