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 appointed 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 an alternative fifth Rightly Guided Caliph (Arabic: Rashidun), and is regarded as the second Divinely appointed 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

In a Sahih chain Ibn Abbas narrates that Umar summoned Umm Iraq, who was pregnant, she states openly that she had performed Mut'ah with Saleem bin Umayya [9].
Saleem's son was Mujeed, his mother was Umm Iraq, Saleem contacted Mut'ah with her and this Mut'ah existed during the reign of Abu Bakr and Umar. [10]

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 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 and 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:
    Those Sahaba of Ibn Abbas from Makka and Mina, remained firm on the position that Mut'ah was Mubah (permissible), and Ibn Hazm said, those that deemed Mut'ah halaal after Rasulullah(s) and remained firm in this position, included Ibn Masud, Mu'awiya, Abu Saeed, Salma wa Majid, Umayya's son, Jabeer and Umar bin Harith, Jabir cited the practise of Mut'ah by the Sahaba during the reign of Abu Bakr and Umar, amongst the Tabieen the jurists of Makkah and Taus and Saeed bin Jabayr and Ata deemed Mut'ah halaal. Those Tabieen that Ibn Hazm quoted on the lawfulness of Mut'ah, carried a Sahih chain, according to Abdul Razzaq
  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:
    Those Sahaba who deemed Mut'ah halaal after Rasulullah(s) were Asma binte Abu Bakr, Jabir bin Abdullah, Abdullah bin Masud, Abdullah bin Abbas, Mu'awiyah, Umro bin Harith, Abu Saeed and Salma binte Umayya. Amongst the Taabi'een who deemed Mut'ah to be Halal were al Taus, Ata and Saed Bin Jabeer.
  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
    Ibn Jazim, states those people that deemed Mut'ah, Mubah (permissible) after Rasulullah were amongst the Sahaba, Abdullah bin Masud, Mu'awiya, Abu Saeed Al Khudri, Abdullah ibn Abbas, Salma, Mubid Umayya bin Khulafa's son, Jabir bin Abdullah Ansari, Umro bin Harees
  5. ^ a b c d Sharh al-Muwatta al-Malik (al-Zurqani) Volume 3 p. 54
    The Sahaba of Ibn Abbas from Makka and Min deemed Mut'ah to be halaal, according to Allamah Ibn Abdur Barr
  6. ^ a b c Tafsir al-Thalabi as quoted in Tashdeed al Muthaeen page 1139:
    On Nikah of Mut'ah, Imran bin Husain, Ibn Abbas and a group amongst the Ahl'ul bayt and Sahaba deemed it halaal
  7. ^ a b c d e f g h i j k l Tafsir al-Mazhari, Volume 3, Page 19:
    Ibn Hajr Asqalani cites those Tabieen that gave Fatwas on Mut'ah being halaal, they were Ibn Jurayj, Tawoos, 'Ataa', the students of Ibn Abbas, Sa'eed bin Jubair and the Fuqaha of Makka.
  8. ^ a b Fath al-Bari Volume 9 pages143-144:
    Mu'awiya contracted Mut'ah with a woman from Ta'if and this narration carries a sahih chain.

    When Mu'awiya arrived in Taif, 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

    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:
    Among the Successors of the Companions, Tawoos, Sa'eed bin Jubair, 'Ataa', and the rest of the Makkan jurists believed in its permissibility.
  12. ^ a b c d Tadhkirat al-huffaz Volume 1 pages170 -171:
    "The scholar of Makkah, Abu Walid stated Khalid Abdul Malik bin Abdul Aziz bin Jurraya was a servant of the Banu Umayya and was amongst the Fuquha of Mecca, he has many appellations, and is counted amongst the great ulama, he was born a few years after 70 Hijri, and he met the great Sahaba. Ahmad Ibn Hanbal said "Ibn Jurraya was a treasure of knowledge". Jarir commented that Ibn Jurraya deemed Mut'ah to be permissible, and he contracted Mut'ah with 70 women. Ibn Abdul Hakim stated "heard from Imam Shafi'i says Ibn Jurraya contracted Mut'ah with 90 women".