Salaf in favor of Nikah Mut'ah after Muhammad

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Nikah Mut'ah

– a discipline of Islamic marital jurisprudence

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Hadith regarding its legality
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There are a number of Salaf who verdicted Nikah Mut'ah to be legal after Muhammad.

Contents

[edit] Introduction

"Salaf" is the Islamic term for the first three generations of Muslim who lived during and after the live of the Islamic Prophet Muhammad. The verdicts are notable since the Salaf are the main source of receiving knowledge about Muhammad's ways (Arabic: Sunnah), and the Sunnah is heavily relied on as a complement to the Qur'an when deduction Islamic Jurisprudence (Arabic: fiqh) from the Islamic Divine Law (Arabic: Sharia).

Further, the very subject of the verdic is notable as well, since the permissibility of temporary marriages (Arabic: Nikah Mut'ah) after the life of Muhammad is a highly controversial subject between Shi'a and Sunnis.

It is important to note that all the people in the list are not universally agree upon to have holden the stated stance, rather, this article presents sources that present them as holding that stance.

[edit] List

[edit] Ali

Ali is regarded as one of the of the first four Rightly Guided Caliphs (Arabic: Rashidun) by the Sunnis, and is regarded as the first Divinely apointed Imam by Shi'as.

He is quoted in the Hadith of Umar, Mut'ah and wretched persons.

Tafseer Durre Manthur Volume 2 p. 40 commentary Nisa 24:

"Hakim was asked whether the verse on Mut'ah has been abrogated, he said "No, Ali (RA) said: The Mut'ah is a blessing from Allah to his servants. If it were not for Umar forbidding it, no one would commit (the sin) of fornication except the wretched (Shaqi; an utmost wrong-doer)".

In 'Lughuth al Hadeeth' Volume 4 page 9 Chapter "Meem", Maulana Waheed'ud Deen az Zaman further expands on the words of Maula 'Ali (as):

Hadhrath 'Ali [r] said 'Had Umar not banned Mut'ah then the only person to fornicate would have been a disgraceful person, since Mut'ah is easy, and one can attain the objective, there would have then been no need to indulge in haraam acts'.

Among Islamic scholars who held Ali as a proponent of Nikah Mut'a are:

[edit] Hasan ibn Ali

Hasan ibn Ali, the son of Ali is regarded by some Sunnis as a alternative fifth Rightly Guided Caliph (Arabic: Rashidun), and is regarded as the second Divinely apointed Imam by Shi'as.

Among Islamic scholars who held Hasan ibn Ali as a proponent of Nikah Mut'a are:

[edit] Abu Dharr al-Ghifari

Abu Dharr al-Ghifari, an early convert to Islam, a Muhajirun remembered for his strict piety and also his opposition to the caliph Uthman ibn Affan. He is venerated by Shi'a Muslims as one of the Four Companions, early Muslims who were followers of Ali ibn Abi Talib.

Among Islamic scholars who held Abu Dharr al-Ghifari as a proponent of Nikah Mut'a are:

[edit] Jabir ibn Abd-Allah

Jabir ibn Abd-Allah was a renowned companion of Muhammad and several of Muhammad's descendants, the Shi'a Imams.

He is quoted in the Hadith of Ibn al-Zubayr and Mut'ah.

Among Islamic scholars who held Hasan ibn Ali as a proponent of Nikah Mut'a are:

[edit] `Abd Allah ibn `Abbas

`Abd Allah ibn `Abbas was a cousin and student of Muhammad and later of Ali, revered by Shi'a and Sunnis alike for his knowledge. He was an expert in its exegesis, as well as an authority on the Sunnah of Muhammad due to his zeal in acquiring new knowledge.

He is quoted in the Hadith of Ibn al-Zubayr and Mut'ah.

Among Islamic scholars who held `Abd Allah ibn `Abbas as a proponent of Nikah Mut'a are:

[edit] Abd-Allah ibn Mas'ud

Abd-Allah ibn Mas'ud was the 6th man who converted to Islam after Muhammad started preaching in Mecca. He was also one of the closest companions to Muhammad, included by Sunnis in the Hadith of Learning Qur'an from four people.

Among Islamic scholars who held Abd-Allah ibn Mas'ud as a proponent of Nikah Mut'a are:

[edit] Muawiyah ibn Abu Sufyan

Among Islamic scholars who held Abd-Allah ibn Mas'ud as a proponent of Nikah Mut'a are:

[edit] Zubayr ibn al-Awwam

He is quoted in the Hadith of Ibn al-Zubayr and Mut'ah.

Among Islamic scholars who held Zubayr ibn al-Awwam as a proponent of Nikah Mut'a are:

[edit] Asma bint Abu Bakr

He is quoted in the Hadith of Ibn al-Zubayr and Mut'ah.

Among Islamic scholars who held Zubayr ibn al-Awwam as a proponent of Nikah Mut'a are:

[edit] Imran ibn Husain

He is quoted in the Hadith of Mut'ah and Imran ibn Husain.

Among Islamic scholars who held Imran ibn Husain as a proponent of Nikah Mut'a are:

[edit] Abd-Allah ibn Umar

Among Islamic scholars who held Abd-Allah ibn Umar as a proponent of Nikah Mut'a are:

[edit] Ubay ibn Ka'b

Among Islamic scholars who held Ubay ibn Ka'b as a proponent of Nikah Mut'a are:

[edit] Abu-Sa'id al-Khudri

Among Islamic scholars who held Abu-Sa'id al-Khudri as a proponent of Nikah Mut'a are:

[edit] Awka' Ibn Abdillah

Among Islamic scholars who held Awka' Ibn Abdillah as a proponent of Nikah Mut'a are:

[edit] Salama ibn al-Akwa

Among Islamic scholars who held Salama ibn al-Akwa as a proponent of Nikah Mut'a are:

[edit] Khalid Ibn Muhajir

Among Islamic scholars who held Khalid Ibn Muhajir as a proponent of Nikah Mut'a are:

[edit] Umar ibn Harith

Umar ibn Harith/Amr ibn Huraith/Umro bin Harith

Among Islamic scholars who held Amr ibn Huraith as a proponent of Nikah Mut'a are:

[edit] Salamah ibn Umayyah


Among Islamic scholars who held Salamah ibn Umayyah as a proponent of Nikah Mut'a are:

[edit] Salma binte Umayya

Among Islamic scholars who held Salamah ibn Umayyah as a proponent of Nikah Mut'a are:

[edit] Suhair

Among Islamic scholars who held Suhair as a proponent of Nikah Mut'a are:

[edit] Sa'id ibn Jubayr

Sa'id ibn Jubayr was was regarded as one of the leading members of the Tabi‘in and was counted by Nasir al-Din Tusi as one of the companions of the fourth Shia Imam, Ali ibn Husayn. Sa'id is held in the highest esteem by Shi'a and Sunni scholars and was considered one of the leading jurists of the time. Ibn Hajar al-Asqalāni and al-Dhahabi praise him greatly in their respective treatises. He also narrated several hadith from Ibn Abbas.

Musannaf of Abd al-Razzaq:

Among Islamic scholars who held Sa'id ibn Jubayr as a proponent of Nikah Mut'a are:

[edit] Ahmad ibn Tawoos

Among Islamic scholars who held Ahmad ibn Tawoos as a proponent of Nikah Mut'a are:

[edit] Tawus ibn Kaysan

Tawus ibn Kaysan was one of the Tabi‘in, one of the narrators of hadith, and a student of `Abd Allah ibn `Abbas amd a companion of the fourth Shia Imam, Ali Zayn al-Abidin, quoted as reliable in all major Sunni hadith collections.

Among Islamic scholars who held Ahmad ibn Tawoos as a proponent of Nikah Mut'a are:

[edit] Qotadah

Among Islamic scholars who held Qotadah as a proponent of Nikah Mut'a are:

[edit] Mujahid ibn Jabr

Among Islamic scholars who held Mujahid ibn Jabr as a proponent of Nikah Mut'a are:

[edit] Ata ibn Abi Rabah

Among Islamic scholars who held Ata ibn Abi Rabah as a proponent of Nikah Mut'a are:

[edit] Rabi'a ibn Umayya

Among Islamic scholars who held Rabi'a ibn Umayya as a proponent of Nikah Mut'a are:

[edit] Abu-Sa'id al-Khudri

Among Islamic scholars who held Abu-Sa'id al-Khudri as a proponent of Nikah Mut'a are:

[edit] Ibn Jurayj

Ibn Jurayj is counted amongst the great Meccan scholars, Ahmad ibn Hanbal said that he was a "treasure of knowledge" and some state that he composed the first hadith collection.

Ibn Jurraya deemed Nikah Mut'ah to be permissible and contracted Mut'ah with 70 to 90 women.

Among Islamic scholars who held Ibn Jurayj as a proponent of Nikah Mut'a are:

[edit] Salma wa Majid

Among Islamic scholars who held Salma wa Majid as a proponent of Nikah Mut'a are:

[edit] Mubid Umayya bin Khulafa's son

[edit] A group amongst the Ahl al-Bayt

Among Islamic scholars who held a group amongst the Ahl al-Bayt as a proponent of Nikah Mut'a are:

[edit] The Meccan jurists

Among Islamic scholars who held the Makkan jurists as a proponent of Nikah Mut'a are:

[edit] The Jurists from Mina

Among Islamic scholars who held The Sahaba of Ibn Abbas from Mina as a proponent of Nikah Mut'a are:

[edit] References

  1. ^ a b c d e f g h i j k l m n o p q r s t u v w Al-Muhalla of , In the 9th section of the chapter of Marriage Ibn Hazm gives a detailed account of Mut'ah and its regulations.
  2. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z Fath al-Bari, Volume 9 p. 74 Dhikr Mut'ah:
  3. ^ a b c d e f g h i j Nayl al-Awtar Volume 6 page 53 (or 153 or 533) chapter Nikah Mut'ah:
  4. ^ a b c d e f g h i j k l m n o p Al-Jaza al-Masalik Volume 9 p. 03, Mut'ah
  5. ^ a b c d Sharh al-Muwatta al-Malik (al-Zurqani) Volume 3 p. 54
  6. ^ a b c Tafsir al-Thalabi as quoted in Tashdeed al Muthaeen page 1139:
  7. ^ a b c d e f g h i j k l Tafsir al-Mazhari, Volume 3, Page 19:
  8. ^ a b Fath al-Bari Volume 9 pages143-144: This has been similarly recorded in Musannaf of Abd al-Razzaq Volume 7 p 499.
  9. ^ a b Fath al-Bari Volume 9 p. 74 Bab Mut'ah
  10. ^ Jameer' athul Nasab Volume p. 60
  11. ^ a b c d Ibn Taymiyya al-Harrani, al-Muntaqaa min Akhbaar al-Mustafa, edited by Muhammad Hamid al-Faqqi, 2 volumes, Cairo: al-Maktabat al-Tijariyya, 1931 edition, volume 2, page 520:
  12. ^ a b c d Tadhkirat al-huffaz Volume 1 pages170 -171: