Temporary fixed-time Mutโ€™ah marriage and refutation of those Shiโ€™a=Raafidis who permit it

๐“๐ž๐ฆ๐ฉ๐จ๐ซ๐š๐ซ๐ฒ ๐Ÿ๐ข๐ฑ๐ž๐-๐ญ๐ข๐ฆ๐ž ๐Œ๐ฎ๐ญโ€™๐š๐ก ๐ฆ๐š๐ซ๐ซ๐ข๐š๐ ๐ž ๐š๐ง๐ ๐ซ๐ž๐Ÿ๐ฎ๐ญ๐š๐ญ๐ข๐จ๐ง ๐จ๐Ÿ ๐ญ๐ก๐จ๐ฌ๐ž ๐’๐ก๐ขโ€™๐š=๐‘๐š๐š๐Ÿ๐ข๐๐ข๐ฌ ๐ฐ๐ก๐จ ๐ฉ๐ž๐ซ๐ฆ๐ข๐ญ ๐ข๐ญ

Mohamad Mostafa Nassar



Could you please tell if there is such a concept as ‘temporary marriages โ€˜in Islam? I would like to know because a friend of mine has read a book by professor Abui Qasim Gourgi and is under the impression that if they are already married it is okay for them to do Mutโ€™ah (the name for a temporary marriage according to Islamic shariah).

His definition for a temporary marriage is that if you like someone it is okay for you to have your nikah read with them for a short period of time. Please could you tell me more about the issue of Mutโ€™ah and which schools of thought believe in such an idea (could you support your answer using references from ahadith and Qurโ€™an).


Praise be to Allah.

Mutโ€™ah or temporary marriage refers to when a man marries a woman for a specific length of time in return for a particular amount of money. 

The basic principle concerning marriage is that it should be ongoing and permanent. Temporary marriage โ€“ i.e., mutโ€™ah marriage โ€“ was permitted at the beginning of Islam, then it was abrogated and became haram=forbidden until the Day of Judgement. 

It was narrated from โ€˜Ali (may Allah be pleased with him) that the Messenger of Allah (peace and blessings of Allah be upon him) forbade mutโ€™ah marriage and the meat of domestic donkeys at the time of Khaybar. According to another report, he forbade mutโ€™ah marriage at the time of Khaybar and he forbade the meat of tame donkeys.

Narrated by al-Bukhari, 3979; Muslim, 1407. 

It was narrated from al-Rabeeโ€™ ibn Sabrah al-Juhani that his father told him that he was with the Messenger of Allah (peace and blessings of Allah be upon him) who said, โ€œO people, I used to allow you to engage in mutโ€™ah marriages, but now Allah has forbidden that until the Day of Resurrection, so whoever has any wives in a mutโ€™ah marriage, he should let her go and do not take anything of the (money) you have given them.โ€

Narrated by Muslim, 1406. 

Allah has made marriage one of His signs which calls us to think and ponder. He has created love and compassion between the spouses and has made the wife a source of tranquility for the husband. He encouraged us to have children and decreed that a woman should wait out the โ€˜iddah period and may inherit. None of that exists in this haram=forbidden form of marriage. 

A woman who is married in a mutโ€™ah marriage, according to the Raafidis โ€“ i.e. the Shiโ€™a, who are the ones who say that this is permissible โ€“ is neither a wife nor a concubine. But Allah says (interpretation of the meaning): 

โ€œAnd those who guard their chastity (i.e. private parts, from illegal sexual acts)

Except from their wives or (the slaves) that their right hands possess, for then, they are free from blame.

But whoever seeks beyond that, then those are the transgressorsโ€

Qurโ€™an [al-Muโ€™minoon 23:5-7]

The Raafidis quote invalid evidence to support their argument that mutโ€™ah is permissible. For example: 

(a) They quote the verse in which Allah says (interpretation of the meaning):

โ€œSo, with those of whom you have enjoyed sexual relations, give them their Mahr as prescribedโ€ฆโ€

Qurโ€™an [al-Nisaโ€™ 4:24]

They say: this verse indicates that mutโ€™ah is permissible, and the word โ€˜their mahr (ujoorahunna โ€“ lit. their dues or their wages)โ€™ is evidence that what is meant by the phrase โ€˜you have enjoyed sexual relationsโ€™ is mutโ€™ah. 

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. 

The joy of marriage is expressed here by the word enjoyment (โ€˜of whom you have enjoyed sexual relationsโ€™). A similar instance occurs in the Sunnah, in the hadeeth of Abu Hurayrah according to which the Messenger of Allah (peace and blessings of Allah be upon him) said: โ€œWoman is like a bent rib, if you try to straighten her you will break her. If you want to enjoy her, then enjoy her while she still has some crookedness in her.โ€

Narrated by al-Bukhari, 4889; Muslim, 1468. 

The mahr is referred to here as ajr (lit. dues or wages), but this does not refer to the money which is paid to the woman with whom he engages in mutโ€™ah in the contract of mutโ€™ah. The mahr is referred to as ajr elsewhere in the Book of Allah, where Allah says (interpretation of the meaning): 

โ€œO Prophet (Muhammad)! Verily, we have made lawful to you your wives, to whom you have paid their Mahr (bridalโ€‘money given by the husband to his wife at the time of marriage)โ€

Qurโ€™an [al-Ahzab 33:50]

Thus, it becomes clear that there is no evidence in this verse to suggest that mutโ€™ah is permissible. 

Even if we were to say for argumentโ€™s sake that this verse indicates that mutโ€™ah is permitted, we would still say that it is abrogated by the reports in the sahih Sunnah=Authentic spoken and actions of Prophet Muhammed peace be upon him which prove that mutโ€™ah is forbidden until the Day of Resurrection. 

(b) The reports that some of the แนขahฤbah=Companions of the Prophet regarded it as being permissible, especially Ibn โ€˜Abbas.

The refutation here is the fact that the Raafidis are following their own whims and desires because they regard the companions of the Prophet (may Allah be pleased with them) as kaafirs, then you see them quoting their actions as permissible in this instance and in others. 

Regarding those who said that it is permissible, they are among those who did not hear that it had been forbidden. The แนขahฤbah=Companions of the Prophet (may Allah be pleased with them) โ€“ including โ€˜Ali ibn Abi Talib and โ€˜Abd-Allah ibn al-Zubayr โ€“ refuted Ibn โ€˜Abbasโ€™s view that mutโ€™ah was permitted. 

It was narrated from โ€˜Ali that he heard Ibn โ€˜Abbas permitting mutโ€™ah marriage, and he said, โ€œWait a minute, O Ibn โ€˜Abbas, for the Messenger of Allah (peace and blessings of Allah be upon him) forbade it on the day of Khaybar and (he also forbade) the meat of tame donkeys.โ€

Narrated by Muslim, 1407. 

There is no such thing in Islam as so-called temporary marriage.

There is no such thing in Islam as so-called โ€œtemporary marriage,โ€ but some people who follow misguided innovations that have been introduced into the religion still believe in the validity of something known as โ€œmutโ€™ah marriage,โ€ which is a form of temporary marriage. However, this type of marriage was abrogated or cancelled out and is not part of Islamic law (translatorโ€™s note: it was allowed for a brief period during the very early days of Islam, when society was in transition, but was definitively and for all time abrogated during the life of the Prophet (peace and blessings of Allah be upon him)).

You should beware of such people, and not let your emotions overwhelm you and stop you from following the truth.

The final ruling regarding mutโ€™ah=temporary fix time marriage is that it is forbidden in Islam

The final ruling regarding temporary=mutโ€™ah marriage is that it is forbidden according to Islamic shariah. This prohibition is the final ruling of the Prophet (peace and blessings of Allah be upon him) regarding this matter.

Imam Muslim said in his Sahih:

Baab Nikaah al-Mutah wa bayaan annahu ubeeha thumma nusikha thumma ubeeha thumma nusikha wastaqarra tahreemuhu ilaa Yawn il-Qiyaamah (Chapter on mutโ€™ah marriage and the statement that it was permitted, then abrogated, then permitted, then abrogated, and this prohibition remains in effect until the Day of Resurrection).

From Iyaas ibn Salamah from his father, who said: The Messenger of Allah (peace and blessings of Allah be upon him) gave sanction for contracting temporary marriage (mutโ€™ah) for three nights in the year of Awtaas [after the Battle of Humayn in 8 AH], then he forbade it. (2499)

From al-Rabee ibn Sabrah from his father: on the day of the Conquest (of Makkah) the Messenger of Allah (peace and blessings of Allah be upon him) forbade temporary marriage (mutโ€™ah) with women. (Sahih Muslim, 2506)

And also, from him (may Allah be pleased with him): that the Messenger of Allah (peace and blessings of Allah be upon him) forbade mutโ€™ah and said: It is forbidden from this day of yours until the Day of Resurrection, and whoever has given anything [as a dowry] should not take it back. (Sahih Muslim, 2509).

From Ali ibn Abi Talib: that the Prophet (peace and blessings of Allah be upon him) forbade temporary marriage to women and the flesh of donkeys at the time of Khaybar. This was narrated by al-Tirmidhi, who said: the hadeeth of Ali is Hasan=Good and sahih=Authentic and this is what was followed by the scholars among the companions of the Prophet (peace and blessings of Allah be upon him) and others this is also the view of al-Thawri, Ibn al-Mubaarak, al-Shaafai, Ahmad and Ishaaq. Sunan al-Tirmidhi, 1040.

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