Hadith regarding the use of Nikah Mut'ah after Muhammad

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Part of a series on the
Nikah Mut'ah
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Hadith regarding its legality
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This is a sub-article of Hadiths regarding the legality of Nikah Mut'ah

There are several recorded oral traditions (Arabic: Hadith) from Muhammad used either to prove or to disprove the legality of Nikah Mut'ah, an Islamic marriage form. This article lists those hadith that refer to its used after the era of Muhammad and provides the classical and modern Shi'a and Sunni interpretation provided by Islamic scholars using the Science of hadith on each of those hadith.

For a more general disscusion regarding the present day legality of Nikah Mut'ah, see Muslim controversies related to Nikah Mut'ah.

Contents

[edit] List

[edit] Ibn Abbas

Ibn Abbas has issued verdicts in favor of its legality according to multiple sources.

Shi'a quote [1]:

  • In Fatih al-Qadir: "Ibn Abbas said the verse of Mut'ah - i.e. it has not been abrogated."
  • In Tafseer Mu'alim al Tanzeel: "Ibn Abbas said: "The verse of Mut'ah was an order and it's Halal."
  • In Tafseer Kabeer: "The verse of Mut'ah appears in the Qur'an, no verse has come down to abrogate it."

We read in Sahih Bukhari:

A narration attributed to Abu Jamra reports:

“ I heard Ibn Abbas (giving a verdict) when he was asked about the Mut'ah with the women, and he permitted it (Nikah al-Mut'ah). On that a freed slave of his said to him, "That is only when it is very badly needed and (qualified permanent) women are scarce, or similar cases." On that, Ibn Abbas said, "Yes." ”

Ibn Kathir, a 14th century Shafi`i Islamic scholar writes [2]:

“ Ibn Abbas another Sahaba said that Mut'ah can be utilised when needed, Ibn Hanbal also narrated the same ”

[edit] Muawiya

Ibn Hajar Asqalani, a 15th century Shafi`i Islamic scholar writes [3]:

“ Mu'awiya contracted Mut'ah with a woman from Ta'if and this narration carries a sahih chain.

When Mu'awiya arrived in Ta'if, he performed Mut'ah with an unnamed slave belonging to Banu Hazrmee called Ma'ana, Jabir states that remained alive throughout Mu'awiya's reign, and he gave her yearly stipends every year.

 ”

[edit] Asma bint Abu Bakr

Main article: Hadith of Ibn al-Zubayr and Mut'ah

Multiple sources state that Asma bint Abu Bakr, the daughter of Abu Bakr, was engaged in a Nikah Mut'ah with Zubayr ibn al-Awwam, whom the Sunnis regard as one of the Ten promised Paradise. Thise union is said to have resulted in several children.

[edit] Sa'id ibn Jubayr

‘Abd ar-Razzaq, a 9th century Sunni Islamic scholar writes [4]:

“ A beautiful Iraqi women resided in Makka, Saeed bin Jabeer Jubayr intended on visiting her, I asked why he spend so much time with the women, he said 'he had performed Nikah Mut'ah with the women, and that Nikah Mut'ah was more Halal than drinking water" ”

[edit] Views

[edit] Sunni view

The Sunni have concluded that a large number of notable Salaf verdicted Nikah Mut'ah to be legal after Muhammad's era.

In the words of Fakhr al-Din al-Razi, a 13th century Sunni Shafi'i Islamic scholar:

“ Amongst the Ummah are so many great scholars who deem Mut'ah to have been abrogates, whilst other say that Mut'ah still remains. [5] ”

Waheed uz-Zaman, a ?th century Sunni Deobandi Islamic scholar writes:

“ One the topic of Mut'ah, differences have arisen amongst the Sahaba, and Ahl'ul Hadith (people of Hadith), and they deemed Mut'ah to be permissible, since Mut'ah under the Shari'ah was practised and this is proven, and as evidence of permissibility they cite verse 24 of Surah Nisa as proof. The practise of Mut'ah is definite and there is ijma (consensus) on this and you can't refute definite proof by using logic. ”

We read in Gharab al Quran:

“ The people of Faith are in agreement that Mut'ah is halaal, 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. [6] ”

We read in Tafsir Haqqani:

“ Some Sunni scholars deem Mut'ah permissible, in the same way the Sahaba Ibn Abbas and Imran bin Haseen deemed it permissible.[7] ”

[edit] Shi'a view

The Shi'a view it as natural that there exists narrations of the use of Nikah Mut'ah during the time of Abu Bakr, since Umar had not yet come to power. Shi'a view that Umar made the prohibition in his third year of rule, in 16 AH (637 CE).

[edit] References

  1. ^ Answering-Ansar.org :: Mut'ah, a comprehensive guide
  2. ^ Tafsir ibn Kathir Surah an-Nisa, Page 3 under the verse 4:24
  3. ^ Fath al-Bari, Volume 9 pages 143-144 [1]
  4. ^ Musannaf of Abd al-Razzaq, Kitab al Talaq, Bab al Mutah, Hadith 14020 [2]
  5. ^ Tafsir al-Kabir (al-Razi), Volume 3 p. 95, Surah Nisa verse 24
  6. ^ Tafseer Gharab al Quran part 5, p. 4, Surah al Nisa
  7. ^ Tafsir Haqqani Volume 2 p.