Nikah mut‘ah

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Nikāḥu’l-Mut‘ah,(Arabic: نكاح المتعة, also Nikah Mut‘ah literally, marriage[1] for pleasure[2]), or sigheh, is a time-delimited marriage contract according to the Usuli Shia schools of Shari‘a (Islamic law). The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term.

Contents

[edit] Use

According to Dr. Gabriele Marranci, lecturer in the Anthropology of Islam at the University of Aberdeen, niqah mut'ah as a time-fixed marriage is not mentioned in the Qur'an. The only mention of Islamic marriage is that of niqah itself. But it is surprising that such a learned scholar failed to notice that it is mentioned in Qur'an in surah-e-nisa.(4th sorah of quran).

Allah, to whom belong Might and Majesty, said: (...Except the forbidden women) the rest are lawful unto you to seek them with gifts from your property (i.e., dowry), provided that you desire protection (from sin), not fornication. So for whatever you have had of pleasure (Istamta'tum) with them by the contract, give unto them their appointed wages as a duty. And there is no sin for you in what you both agree (in extending the contract) after fulfilling the (first) duty. Lo! Allah is ever Knower, Wise. (Quran 4:24)

In the above verse, the Arabic equivalent of the word "marriage" or any of its derivatives has NOT been used. Rather the derivative of word "Mut'a" (pleasure/temporary marriage) has been used, i.e., "Istamta'tum". The word Istamta'a is the tenth verbal form of the root m-t-a. As we will show shortly, the word Istamta'a has also been widely used in the authentic Sunni collections for Temporary Marriage. Of course, Mut'a is one type of marriage, but some of it's regulations are different than the permanent marriage, including the fact that the couple can extend this contract by mutual agreement as the end of verse specifies.

The Nikahu’l-Mut‘ah is used in Shi'ism in various ways:

  • It is specially useful in the modern times when many people move from one place to another, like from one country to another. Thus students, workers, scholars are allowed to fulfil their sexual and emotional needs if they are in another country. It may lead to permanent marriage afterwards.
  • It may be used to satisfy one's sexual needs.[3] There are no requirements of having a witness, a written contract or permission from authorities (Although some people might prefer to have complete the contract in the presence of a learned Muslim.).
  • May be used to become Mahram (unmarriable) 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.
  • 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 couples may decide to use Nikahu’l-Mut‘ah as an allowable 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.
  • Some divorced men and women, disillusioned with permanent marriage, prefer to only commit for a few years at a time.
  • The 2004 documentary Prostitution Behind the Veil depicts women in Iran who engage in temporary marriages, which the film terms "Sighe."[5][6]

[edit] Rules

Nikahu’l-Mut‘ah resembles a Nikah ("permanent marriage") 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) by the Shia.[3] The Shia also regard it as mustahab (recommended) to extend the marriage or to transform it into a permanent one.[citation needed]

[edit] Differences from permanent marriage

Nikah Mut'a is a marriage with a pre-set time. 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 Shi‘a fiqh ("jurisprudence"), a divorce is viewed as a complex process involving mediators[citation needed] and a 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 preset 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. (Muwatta 28.6.16).
  • 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.
  • 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.
  • 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.
  • The Nikahu’l-Mut‘ah can be used exclusively for the aim of having sex.[3]

[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 permission, to prevent someone taking advantage of her inexperience; while others like Sadeq Rohani, Mohammad Shahroudi and Mohammad Ebrahim Jannaati do not require guardian's permission.[7][8][9]
  • A contract is engaged when entering the marriage. Shi‘a believe that the marriage contract does not require having witnesses, a written contract or permission from authorities.
  • The woman observes iddah at the end of the marriage That is, she must wait before remarrying - but only if she had sexual intercourse.[9]
  • Shias requires no witnesses, or permission from authorities to enter a marriage ref.
  • Men are not allowed to marry women of non-Monotheistic religions.

[edit] Differences from "modern dating"

Although Nikah Mut'ah is usually portrayed in the western media as a form of "Islamic dating", there are a few differences between Nikah Mut'ah and modern western dating, mainly:[10]

  • A woman is required to observe an iddah (waiting period) after their breakup, if they have consummated their relationship.
  • It is forbidden for women to "date" non-Muslims, and men are not permitted to "date" women of non-monotheistic religions.
  • The two parties must have a verbal consent, although some Shias believe that implicit consent is also acceptable.

[edit] Difference of opinion

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 and other Shia condemn the practice, disputing its presence in the Qur'an, and adducing that Muhammad never prescribed it and he himself never practiced 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] Sunni view (allowed)

Sunnis are allowed to perform a type of Nikah Mutah called Misyar.[citation needed]While majority of Sunni's do not believe Misyar is comparable to Nikah Mutah because the difference is that the Shia Mut'ah marriage is based on a contract with a fixed date of expiry. In contrast, the Sunni misyar marriage has no fixed duration. Also Shia Mut'ah does not require any witness, but Misyar does.

[edit] Sunni view (forbidden)

Sunnis believe this type of marriage was practised before Islam and during the time of Muhammad. In the hadith below, Muhammad told Sahaba to "do it" since it was made acceptable. However, within the same Hadith, Muhammad clearly mentions that this form of marriage was to be banned.

Narrated Jabir bin Abdullah and Salama bin Al-Akwa:
While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general. Abu Abdullah (Al-Bukhari) said: 'Ali made it clear that the Prophet said, "The Mut'a marriage has been cancelled (made unlawful)."bukhari 062.052.

But Sahih Muslim mentions some Sahaba benefited from this type of marriage during the time of both ‘Umar and Abu Bakr Muslim 3248. The reason for Mut'a is explained in sahih bukhari as only when it is very badly needed

Narrated Abu Jamra:
I heard Ibn Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah-al-Mut'a). 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." bukhari 062.051.

Thus according to Sunni Scholars This type of marriage used to be allowed and then was banned permanently like many other banned things in Islam such as consuming of alcohol which was allowed in the beginning and banned later on in steps .To be easy on those who converted to Islam so they would not have to let go of everything the instant they became Muslims. And so dictates human nature that habits good or bad do not change over night.

It was banned by Muhammad at Khaibar along with eating of Donkey meatbukhari 059.527. another Hadith by a different Narrator is

The complete Hadith:

Narrated Muhammad bin 'Ali:
'Ali was told that Ibn 'Abbas did not see any harm in the Mut'a marriage. 'Ali said, "Allah's Apostle forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's meat."Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal." Others said, "The marriage is valid but its condition is illegal." bukhari 086.091

[edit] Shi'a view

According to Usuli Shia scholars Mut'a is a valid marriage. 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] Qur'anic origin

Some 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 Allah 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 (1) Shi'a scholars argue that is not relevant because the individual verse permits Istamta'tum by means of contract. The preceding and anteceding verses give the guidelines as to whom is permissible to marry. 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."

[edit] The word "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..."

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] See also

[edit] References

[edit] General

  1. ^ http://www.sensagent.com/dictionnaires/ar-en/نكاح/ALEXMN/
  2. ^ http://www.sensagent.com/dictionnaires/ar-en/متعة/ALEXMN/
  3. ^ a b c See website of a Grand Ayatollah, and refer to temporal marriage fatwas.
  4. ^ Camelia E. Fard. Unveiled Threats. Village Voice, 28 March 2001
  5. ^ “Prostitution Behind the Veil”, Film (no. 39), November 2004, <http://www.dfi.dk/tidsskriftetfilm/39/prostitutionbehind.htm> .
  6. ^ Prostitution Behind the Veil at the Internet Movie Database
  7. ^ http://photo-origin.tickle.com/image/135/0/2/O/135028214O971296222.jpg
  8. ^ (پايگاه اطلاع رسانى حضرت آية الله العظمى جناتى (مد ظله العالى
  9. ^ a b http://photo-origin.tickle.com/image/100/3/7/O/100375044O531984102.jpg
  10. ^ The rules mentioned here are common amongst all marjas, refer to their websites

8 - "mutah." Encyclopædia Britannica. Encyclopædia Britannica 2007 Ultimate Reference Suite. Chicago: Encyclopædia Britannica, 2006.

[edit] Shia links

Fatāwa from different marja:

[edit] Sunni links