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{{short description|Temporary marriage in Shiite Islam}} | |||
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{{Redirect-distinguish-text|Mut'ah|], a town in Jordan}} | |||
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'''''Nikah mut'ah'''''<ref name="OxfordIslamDictionary"/><ref>{{Cite news |url=https://www.washingtonpost.com/wp-dyn/content/article/2007/01/19/AR2007011901850.html |title=Temporary 'Enjoyment Marriages' in Vogue Again with Some Iraqis |newspaper=] |access-date=6 September 2017 |archive-url=https://web.archive.org/web/20170303015306/http://www.washingtonpost.com/wp-dyn/content/article/2007/01/19/AR2007011901850.html |archive-date=3 March 2017 |url-status=live |df=dmy-all }}</ref> {{langx|ar|نكاح المتعة|nikāḥ al-mutʿah}}, "pleasure marriage"; temporary marriage<ref> {{Webarchive|url=https://web.archive.org/web/20170619052549/http://ejtaal.net/aa/#hw4=1058,ll=2783,ls=38,la=4127,sg=968,ha=718,pr=145,vi=350,mgf=779,mr=647,mn=1306,aan=617,kz=2459,ulq=1576,uqa=389,uqw=1523,umr=1012,ums=848,umj=778,uqq=365,bdw=829,amr=594,asb=911,auh=1501,dhq=525,mht=842,msb=221,tla=92,amj=766,ens=287,mis=2024,br=890 |date=19 June 2017 }} Ed. JM Cowan. New York: Spoken Language Services, Inc., 1994. Print.</ref>{{rp|1045}} or '''Sigheh'''<ref>{{Cite news |url=https://www.nytimes.com/2000/10/04/world/love-finds-a-way-in-iran-temporary-marriage.html |title=Love Finds a Way in Iran: 'Temporary Marriage' |access-date=6 September 2017 |archive-url=https://web.archive.org/web/20170913211804/http://www.nytimes.com/2000/10/04/world/love-finds-a-way-in-iran-temporary-marriage.html |archive-date=13 September 2017 |url-status=live |df=dmy-all |newspaper=The New York Times |date=4 October 2000 |last1=Sciolino |first1=Elaine }}</ref> ({{langx|fa|صیغه ، ازدواج موقت}}) is a private and verbal temporary ] contract that is practiced in ]<ref>{{cite news |last1=Mahmood |first1=Shabnam |last2=Nye |first2=Catrin |title=I do, for now anyway |url=https://www.bbc.com/news/uk-22354201 |work=BBC News |date=13 May 2013}}</ref> in which the duration of the marriage and the '']'' must be specified and agreed upon in advance.<ref name="OxfordIslamDictionary"/><ref name="IslamicOrigins">Berg H. . Brill 2003 {{ISBN|9004126023}}. Accessed at Google Books 15 March 2014. pp. 167-171,176</ref><ref name="IslamDictionary">Hughes T. . Asian Educational Services 1 December 1995. Accessed 15 April 2014.</ref>{{rp|242}}<ref name="Pohl (2010)">Pohl F. Marshall Cavendish, 2010. {{ISBN|0761479279}}, 1780761479277 Accessed at Google Books 15 March 2014.</ref>{{rp|47–53}} It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of ].<ref>{{cite news|url=https://www.bbc.com/news/uk-22354201|title=I do... for now. UK Muslims revive temporary marriages|access-date=21 July 2018|archive-url=https://web.archive.org/web/20180722123210/https://www.bbc.com/news/uk-22354201|archive-date=22 July 2018|url-status=live|df=dmy-all|work=BBC News|date=13 May 2013}}</ref> The ] Shia reject ''Mutah'' marriage.{{citation needed|date=February 2020}} | ||
The length of a temporary marriage varies and can be as brief as an hour or stipulated as long as ninety-nine years. Traditionally, a temporary marriage does not require witnesses or registration, though taking witnesses is recommended.<ref>{{cite web | url=https://iranicaonline.org/articles/mota | title=Welcome to Encyclopaedia Iranica }}</ref> '']'', indicate the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested.<ref name="OxfordIslamDictionary">Esposito J. {{Webarchive|url=https://web.archive.org/web/20151125222714/https://books.google.com/books?id=6VeCWQfVNjkC&pg=PA221&dq=Mutah&hl=en&sa=X&ei=QVhdUaPxDcjRrQeW54AY&ved=0CEoQ6AEwBjge#v=onepage&q=Mutah&f=false |date=25 November 2015 }} Oxford University Press 2003 p221 Accessed 15 March 2014.</ref> | |||
Mutah is practiced under the Twelver Shia jurisprudence. The bride must not be married. She must be ] or belong to ]. She should be chaste and not be addicted to fornication and she should not be a young ] (especially if her father is absent and cannot give consent).<ref> Jannaati website. Accessed in Arabic 15 March 2014.</ref> At the end of the contract, the marriage ends and the wife must undergo '']'', a period of abstinence from sexual intercourse. The iddah is intended to give certain paternity to a child should the wife become ] during the contract.<ref name="IslamDictionary"/><ref name="OxfordIslamDictionary"/> Generally, the Nikah mut'ah has no proscribed minimum or maximum duration.<ref> Al-Islam.org website. Accessed 15 March 2014.</ref><ref> Alulbayt Foundation, Rulings of Grand Ayatullah Sistani. Accessed 15 March 2014.</ref><ref name=labi>{{cite web|last1=Labi|first1=Nadya|title=Married for a Minute|url=http://www.motherjones.com/politics/2010/03/temporary-marriage-iran-islam|website=Mother Jones|accessdate=22 June 2014}}</ref> However, one source, '']'', indicates the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested.<ref name="OxfordIslamDictionary">Esposito J. Oxford University Press 2003 p221 Accessed 15 March 2014.</ref> Sunni Muslims, Zaidi Shia, Ismaeli Shia do not practice Nikah Mut'ah. Most Sunni scholars along with some Shia scholars and some Western scholars consider it to be a form of religiously sanctioned prostitution.<ref>{{Cite book|title = Militancy and Political Violence in Shiism: Trends and Patterns|url = https://books.google.com/books?id=hiipAgAAQBAJ|publisher = Routledge|date = 2011-07-21|isbn = 9781136663536|language = en|first = Assaf|last = Moghadam}}</ref> Sunnis term it as a "Lustful act under a religiuos cover"<ref>{{Cite book|title = Discovering Islam: Making Sense of Muslim History and Society|url = https://books.google.com/books?id=eXGBAgAAQBAJ|publisher = Routledge|date = 2002-11-01|isbn = 9781134495436|language = en|first = Akbar S.|last = Ahmed}}</ref> | |||
Some present this relationship as a more regular and kind of trial marriage compared to the free relationship between men and women in the West.<ref>{{cite web | url=https://iranicaonline.org/articles/mota | title=Welcome to Encyclopaedia Iranica }}</ref> | |||
== Background == | |||
''Mut'ah'', literally meaning ''joy'', is a condition where rules of Islam are relaxed. It can apply to marriage (the ''nikah mut'ah'') or to the '']'' (the obligatory ]) (the '']''). Mut'ah is a sensitive area of disagreement between those who follow ] Islam (for whom nikah mut'ah is forbidden) and those who follow ] Islam (for whom nikah mut'ah is allowed).<ref name="IslamicOrigins"/> Shias and Sunnis do agree that, initially, or near the beginning of Islam, nikah mut'ah was a legal contract.<ref name="Pohl (2010)"/><ref name="Mutahhari7">Motahhari M. Al-islam.org website. Accessed 15 March 2014.</ref> Beyond that time, the legality of the practice is debated. | |||
]s and ] agree that this marriage is a ]ic tradition and is not prohibited by the Quran. According to Shiites, the tradition was approved by ] and continued among Muslims during his lifetime. According to Sunnis, although the practice was initially approved by Muhammad, it was later banned by him. Both sides emphasize the sharp role of ] in the ban.<ref>According to a number of traditions, the second caliph, ʿOmar, outlawed the custom of motʿa marriage, regarding it as a form of fornication, thus implying that its practitioners could face stoning.https://iranicaonline.org/articles/mota</ref> ], which is referenced on the subject, is given with translations that highlight different understandings. (see: ]) | |||
== Historical examples == | |||
{{main|Hadith of Ibn al-Zubayr and Mut'ah}} | |||
A historical example of nikah mut'ah is described by Ibn Hajar Asqalani (1372 - 1448 CE (852 AH)) in his commentary on the work of ].<ref> ] Vol 9 p143 - 144. At Al-eman.com website.</ref> ] (602 - 680 AH), first caliph of the Umayyad dynasty, entered into a nikah mut'ah contract with a woman from ]. She was a slave who was owned by a man called Banu Hazrmee. She received a yearly stipend from Muawiyah. | |||
Some Muslims and ] scholars have stated that both Nikah mut'ah<ref name=":0">{{Cite book|title = Medieval Islamic Civilization: L-Z, index|url=https://books.google.com/books?id=LaV-IGZ8VKIC&q=mutah%2520prostitution&pg=PA647|publisher = Taylor & Francis|date = 1 January 2006|isbn = 9780415966924|language = en|first1 = Josef W.|last1 = Meri|first2 = Jere L.|last2 = Bacharach}}</ref> and ]<ref>{{cite book |url=https://books.google.com/books?id=n4Eye4ilLVkC&pg=PA52 | title=Muslim World: Modern Muslim Societies | publisher=Marshall Cavendish | date=1 September 2010 | access-date=5 April 2013 | author=Pohl, Florian | pages=52–53| isbn=9780761479277 }}</ref> are Islamically void attempts to religiously sanction ] which is otherwise forbidden.<ref>{{Cite book|title=Islam: Islam, gender and family|last=Turner|first=Bryan S.|date=1 January 2003|publisher=Taylor & Francis US|isbn=9780415123501|pages=157|language=en}}</ref> ] states that in Iran, which bans men and women from meeting freely, in order to overcome this ban, temporary marriage, which does not include sexuality, can be made with children and even infants in Iranian society, without any rules regarding marriage.<ref>A nonsexual ṣiḡamay take place between two consenting adults, an adult and a child, children, or even infants (arranged by their parents in the latter cases). https://iranicaonline.org/articles/mota</ref> | |||
The scholar, ‘Abd ar-Razzaq as San‘ani (744 CE), described how ] frequently visited a woman in ]. When asked why, he said he had a contract of nikah mut'ah with her and seeing her was "more halal than drinking water".<ref>], Kitab al Talaq, Bab al Mutah, Hadith 14020."] Islamweb.net website.</ref> | |||
== Background == | |||
Historically there were many types of marriages, used for various purposes, as opposed to a full marriage; in ''mut'ah'' some of the rights of the husband and wife are non-existent. This was primarily used by those who could not stay at home with their wife and traveled a lot. For example, a traveling merchant might arrive at a town and stay for a few months, in that period he may marry a divorced widow, and they would take care of each other. When he has to leave to the next town, the marriage is over, and he might sign a mut'ah contract at his next place. Although in modern times such a thing is considered obsolete, due to the availability of fast travel, and primarily exists in ] and ] regions for sexual pleasure reasons as a means of ] dating.<ref>{{Cite news|url=https://www.theguardian.com/world/2007/jun/04/iran.roberttait|title=Iranian minister backs temporary marriage to relieve lust of youth|last=Tait|first=Robert|date=2007-06-04|work=The Guardian|access-date=2020-01-16|language=en-GB|issn=0261-3077}}</ref> | |||
''Mut'ah'', literally meaning ''joy'', is a condition where rules of ] are relaxed. It can apply to marriage (the ''nikah mut'ah'') or to the '']'' (the obligatory ]) (the '']''). The permissibility of Mut'ah is disputed by majority of the ] scholars, who argue that the practice was banished by the ]. ] scholars, on the other hand, assert that Mut'ah was sanctioned by the Prophet, but was banished by the Second ]. Omar's abolition was not accepted in many scholarly circles and was met with staunch opposition from major ] like ], ], as well as Omar's son ].<ref name="IslamicOrigins" /> Both Shias and Sunnis agree that, initially, or near the beginning of Islam, Nikah mut'ah was a legal contract.<ref name="Pohl (2010)" /> | |||
By contrast, in the Sahih al-Bukhari, Mutah marriage is classed as forbidden because ] said that he heard Muhammad say that it is forbidden. | |||
As narrated by 'Ali bin Abi Talib: "On the day of khaibar, Allah's Apostle forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat."<ref>Sahih al-Bukhari Volume 5, Book 59, Number 527</ref> In another text, ] (Volume 9, Book 86, Number 91), Ali bin Abi Talib also said that it was forbidden. | |||
The prominent companion and ] ] was born of nikah mut'ah between ] and ].<ref>{{cite book|title=Sharh Ibn Abi al-Hadid|pages=489–490|volume=4}}</ref><ref name="auto">{{cite book|author1=Al-Raghib al-Isfahani|author-link1=Al-Raghib al-Isfahani|title=al-Muhadhiraat|page=96|volume=2}}</ref><ref>{{cite book|last=al-Ghiṭā|first=Muḥammad al-Ḥusayn Āl Kāshif|title=The Shia Origin and Faith|date=1982|publisher=Islamic Seminary|pages=210–211|url=https://books.google.com/books?id=3JUXAAAAIAAJ|language=en}}</ref> According to al-Raghib al-Isphahani,<ref name="auto"/> ], and ], were major scholarly personalities born of ''Mut'ah''. | |||
Many early Shia texts also state that Ali said Mutah marriage was forbidden and for this reason the Zaidi Shia, the oldest branch of the Shia do not practise Mutah marriage. Shia book like Tahdeeb: vol. 7, pg. 251, rewaya 10 and Istebsar: vol. 3, pg. 142, rewaya 5 also said that Ali said that Mutah marriage was forbidden because Muhammad told him. | |||
==Religious views== | |||
Other early Shia books also recorded that Imam Baqir forbade Mutah Marriage 'Tahdeeb al Ahkam' and 'Furu al Kafi':Pp476.V2/Pp34.V5 and there was no recorded case of it in Ali's family. | |||
=== Twelver Shia === | |||
According to ] ], preconditions for ''mut'ah'' are: The bride must not be married, she must attain the permission of her '']'' if she has never been married before, she must be ] or belong to ], she should be chaste, must not be a known adulterer, and she can only independently do this if she is Islamically a non-virgin or she has no ''wali'' (Islamic legal guardian).{{citation needed|date=February 2020}} At the end of the contract, the marriage ends and the wife must undergo '']'', a period of abstinence from marriage (and thus, ]). The ''iddah'' is intended to give paternal certainty to any children should the wife become ] during the temporary marriage contract.<ref name="IslamDictionary"/><ref name="OxfordIslamDictionary"/> The ]s give arguments based on the '']'', '']'' (religious narration), history, and moral grounds to support their position on ''mut'ah''.<ref>Muhammad Baqir al-Majlisi, Mir-at al-‘Uqul fi Sharh Akhbar Al al-Rasul (Tehran: Dar al-Kutub al-Islamiyyah) , vol. 20, p. 226</ref> They argue that the word of the '']'' takes precedence over that of any other scripture, including ], known as ''the verse of Mut'ah''.{{citation needed|date=February 2020}} | |||
Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the ] authorities. She quotes the ''Oxford Encyclopedia of the Modern Islamic World'' to differentiate between marriage nikah and mut'ah, and states that while nikah is for procreation, mut'ah is just for sexual gratification.<ref name=":1"/> According to Zeyno Baran, this kind of temporary marriage provides Shi'ite men with a religiously sanctioned equivalent to prostitution.<ref name=":2">{{Cite book |title=Citizen Islam: The Future of Muslim Integration in the West |url=https://books.google.com/books?id=hfdGAQAAQBAJ |publisher=A&C Black |date= 2011 |isbn=9781441112484 |language=en |first=Zeyno |last=Baran}}</ref> According to Elena Andreeva's observation published in 2007, Russian travelers to Iran consider mut'ah to be "legalized profligacy", which is indistinguishable from prostitution.{{efn|"Most of the travelers describe the Shi'i institution of temporary marriage (sigheh) as 'legalized profligacy' and hardly distinguish between temporary marriage and prostitution."{{sfn|Andreeva|2007}}}} These views are contested by others, who hold that mut'ah is a temporary wedlock option in Islam for avoiding illegal sex relations among those Muslims whose marriage is legitimate but, for certain constraints, they are unable to avail it. From this point of view, mut'ah is neither concubinage nor prostitution. Religious supporters of mut'ah argue that temporary marriage is different from prostitution for a couple of reasons, including the necessity of iddah in case the couple have sexual intercourse. According to this interpretation of the rules of iddah, if a woman marries a man in this way and has sex, she has to wait a number of months before marrying again and therefore, a woman cannot marry more than three or four times in a year.<ref>.</ref><ref>{{cite web |url=http://www.sistani.org/english/book/48/2350/ |title=Marriage » Mut'ah (temporary marriage) – Islamic Laws – The Official Website of the Office of His Eminence Al-Sayyid Ali Al-Husseini Al-Sistani|website=www.sistani.org |access-date=16 February 2018|archive-url=https://web.archive.org/web/20180207195026/http://www.sistani.org/english/book/48/2350/|archive-date=7 February 2018|url-status=live}}</ref><ref>{{cite web |url=https://www.al-islam.org/a-summary-of-rulings-makarim-shirazi/rules-matrimony-and-marriage |title=The Rules in Matrimony and Marriage|website=Al-Islam.org |access-date=16 February 2018|archive-url=https://web.archive.org/web/20180614195353/https://www.al-islam.org/a-summary-of-rulings-makarim-shirazi/rules-matrimony-and-marriage|archive-date=14 June 2018|url-status=live|date=3 October 2012}}</ref><ref>{{cite web |url=http://english.bayynat.org.lb/QA/1a.htm |title=Marriage|website=english.bayynat.org.lb |access-date=16 February 2018|archive-url=https://web.archive.org/web/20180223065313/http://english.bayynat.org.lb/QA/1a.htm|archive-date=23 February 2018|url-status=live}}</ref> | |||
== Zaidi Shia view == | |||
The Zaidi also reject Mutah marriage. | |||
=== Sunni === | |||
In many early Zaidi books like Mujmoo Imam Ali Pp 498 V112. 2) Hadiths narrated by Ali bin Abi Talib state: | |||
In authentic hadith found in Sahih Muslim 1407, ] himself corrected ] regarding nikah mut'ah that the prophet Muhammad forbade it forever on the day of Khaibar: | |||
{{Blockquote | |||
"Allah’s Messenger forbade the temporary marriage in the year of Khaybar." Mujmoo Imam Ali Pp 499 V112. | |||
|text='Ali (Allah be pleased with him) heard that Ibn Abbas (Allah be pleased with them) gave some relaxation in connection with the contracting of temporary marriage, whereupon he said: | |||
3) Ali bin Abi Talib said to a man who was engaging in Mutah: | |||
"You are a straying person, the Messenger of Allah has forbidden temporary marriage"<ref>Mujmoo Imam Ali Pp 498 V112. 2)Narrated Ali, Mujmoo Imam Ali, From Imam Ali to Imam Hasan & Imam Hussain then Narrated to Imam Zian Ul Abideen to Imam Zaid bin Zian Ul Abideen.Pp 503 V112. Classified all above Zaidites narration as Mutawathar By Imam Ziad bin Zian Ul Abideen in his Majmoo tul Biyan Pp212 V18.</ref> | |||
Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allah's Messenger (ﷺ) on the Day of Khaibar prohibited that forever - along with the eating of flesh of domestic asses. | |||
Zaidites and Ismailites dismissed all claim made by Athana Asheri, The Twelver Shia about Mutah legality and class text that try to justify it as fabrications. | |||
|author=Sahih Muslim 1407}} | |||
Ali also narrated in Sahih al-Bukhari 4216 that it was forbidden by the prophet Muhammad at Khaibar: | |||
Zaidites and Ismailites argue that it is narrated from Imam Jaffar ul Sadiq to Imam Ismail Ul Mubarak that these texts are fornication and that it is adultery, Zina bil raza.<ref>Kitab ul Mola.Pp414.V21</ref> | |||
{{Blockquote | |||
Zaidites and Ismailites argue that the traditions banning Mutah are classified as Muthawathar, highly authentic.<ref>Irshad Ul Imam.Pp112,V11. Darajat Ul AL Imam Azam Imam Ismail bin Imam Jaffar ul Sadaq.Pp421.V23.</ref> | |||
|text=Narrated `Ali bin Abi Talib: | |||
On the day of Khaibar, Allah's Messenger (ﷺ) forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat. | |||
== Nikah mut'ah in Sunni Islam == | |||
|author=Sahih Bukhari 4216}} | |||
Sunni Muslims consider mut'ah in the same class as alcohol in Islam: it was allowed at one time and then completely and permanently banned by ]. The evidence for this comes from the Hadiths in ] where the narrator who is ] says ''On the day of Khaibar, Allah's Messenger (ﷺ) forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat''<ref>http://sunnah.com/bukhari/64/256</ref> | |||
Because of these narrations (and many others forbidding it), all Sunni scholars consider it forbidden until the Day of Judgement, and that anyone who does not consider it forbidden either have not heard the authentic hadith on the topic yet or are following their own whims and desires and twisting interpretations of the Qur'an.<ref name="iqa1">{{cite web |title=Is Mutah Marriage Allowed? - Islam Question & Answer |url=https://islamqa.info/en/answers/20738/is-mutah-marriage-allowed |website=islamqa.info |access-date=12 September 2024 |language=en}}</ref> | |||
The above hadith was confirmed by Ali's son ] in ] on the authority of his father who said ''that Allah's Apostle (ﷺ) on the Day of Khaibar prohibited forever the contracting of temporary marriage and eating of the flesh of the domestic asses'' <ref>http://sunnah.com/muslim/16/36</ref> | |||
Regarding verse 4:24 of the Qur'an, Sunnis say this verse is not in reference to mut'ah marriage and this is a misinterpretation (intentional or not). Rather it is simply stipulating conditions for a normal, valid nikah. Their evidence is that the same wording for mahr, al-ajr, is used in another verse of the Qur'an: al-Ahzab 33:50, which again stipulates that mahr is a condition for a valid normal marriage contract.<ref name="iqa1"></ref> Even if the Shi'a were correct, for argument's sake, that the verse in surat al-Nisa' indicates mut'ah marriages, it still has been abrogated anyways by the prophet Muhammad as reported by imam Ali himself when he corrected ibn Abbas.<ref name="iqa1"></ref> | |||
Although the ban was put in place during the time of Muhammad, some people like Jabir bin Abdullah continued to practice it. The explanation given by Scholars of hadith is that the hadith of Khaibar was not known to everyone and since many Muslims lived in far flung places of the Arabian peninsula, they continued practicing it until the formation of the caliphates. Jabir himself only stopped practicing it once he came into contact with caliph ]<ref>http://sunnah.com/muslim/16/20</ref> | |||
During the sixteenth century, during the reign of ], the third emperor of the ] who started the religion ], debates on religious matters were held weekly on Thursdays. When discussing ''nikah mut'ah'', ] theologians argued that the historic Sunni scholar ] supported the practice.<ref name="IslamDictionary"/><ref name="ReligionScience"> | |||
In the Qur'an, Sunni Muslims quote Surah al Mu'minoon ayahs 6-7 <ref>http://quran.com/23</ref> as further proof that mut'ah is not sanctioned in Islam. ] in his Tafsir of the above ayahs says ''whoever seeks beyond that, meaning wives and right hand possessions, then those are the transgressors'' A woman contracted to mut'ah is neither a wife nor a slave girl.<ref>http://www.qtafsir.com/index.php?option=com_content&task=view&id=2482&Itemid=78</ref> | |||
Müller F. {{Webarchive|url=https://web.archive.org/web/20151018024217/https://books.google.com/books?id=GWMVhTxN1T0C&pg=PA223&dq=Mutah&hl=en&sa=X&ei=QVhdUaPxDcjRrQeW54AY&ved=0CDYQ6AEwAjge#v=onepage&q=Mutah&f=false |date=18 October 2015 }} Kessinger Publishing 1882 p? reprint 1 December 2004. | |||
{{ISBN|141797401X}}, 9781417974016 | |||
</ref> However, the evidence from Malik's '']'' (manual of religious jurisprudence) was not forthcoming. The Shi'ite theologians persisted and ''nikah mut'ah'' was legalized for the ] during Akbar's reign.<ref name="IslamDictionary"/><ref name="ReligionScience"/> | |||
According to Sunni Arab jurisdiction of ]; if the ''nikah mut'ah'' meets all other requirements, it is treated as if it were a permanent marriage (i.e. the temporary conditions are invalid and void).<ref name="Pohl (2010)" /> | |||
In the sixteenth century, during the reign of ], the third emperor of the ], who was believed to be a Hanafi Sunni, debates regarding religious matters were held weekly on Thursdays. When discussing nikah mut'ah, Shi'ite theologians argued that the historic Sunni scholar ] supported the practice.<ref name="IslamDictionary"/><ref name="ReligionScience">Müller F. Kessinger Publishing 1882 p? reprint 1 December 2004. | |||
ISBN 141797401X, 9781417974016</ref> However, the evidence from Malik's '']'' (manual of religious jurisprudence) was not forthcoming. The Shi'ite theologians persisted and nikah mut'ah was legalized for the twelve Shia during Akbar's reign.<ref name="IslamDictionary"/><ref name="ReligionScience"/> | |||
The thirteenth century scholar, ] said, | |||
While according to the actual book '']'' by ], the oldest book on Islamic Jurisprudence, Mutah was banned because Ali ben Abu Taleb said that Mutah was banned by Muhammad himself on the day of Khaibar. For this reason the Zaidi Shia do not practice Muatah marriage. According to ] in '']'' Volume I, Chapter 18, Hadith 1151 43 | |||
"Both Abdullah and Al-Hasan, the two sons of Muhammad ben Ali Abu Taleb, from their father Muhammad ben Ali ben Abu Taleb from Ali ben Abu Taleb, that the Messenger of Allah had forbidden temporary marriage, and the eating of the flesh of the domestic donkey on the day of Khaibar" | |||
<blockquote>Amongst the '']'' there are many great scholars who deem ''Mut'ah'' to have been abrogated, whilst others say that ''Mut'ah'' still remains.<ref>], volume 3 p95, ] ]</ref></blockquote> | |||
<ref>The Muwatta of Imam Malik, By Imam Malik B Anas 95-179 AH Publisher Darul Ishaat Karachi Pakistan page 546</ref> | |||
The '']'', the dictionary of '']'' terms states, | |||
The Hanafi school of Sunni jurisprudence argues that although the nikah mut'ah contract itself is valid, marriage is regarded as a permanent condition and therefore, the temporary element of the contract makes it void. | |||
<blockquote>The people of Faith are in agreement that ''Mut'ah'' is halal, then a great man said ''Mut'ah'' was abrogated, other than them remaining scholars, including the Shi'a believe ''Mut'ah'' remain halal in the same way it was in the past. ] held this viewpoint and ].<ref>Tafseer Gharab al Quran part 5 p. 4, ] ]</ref></blockquote> | |||
The only Sunni Arab jurisdiction that mentions nikah mut'ah is ]; if the nikah mut'ah meets all other requirements, it is treated as if it were a permanent marriage.<ref name="Pohl (2010)"/> | |||
De facto temporary marriages were conducted by Sunnis by not specifying how long the marriage would last in the written documents themselves while orally agreeing to set a fixed period.<ref name="Hurgronje2006">{{cite book|author=C. Snouck Hurgronje|title=Mekka in the Latter Part of the 19th Century: Daily Life, Customs and Learning. The Moslims of the East-Indian Archipelago.|url=https://books.google.com/books?id=arqwCQAAQBAJ&pg=PA137|date=29 November 2006|publisher=BRILL|isbn=978-90-474-1128-4|pages=137–|access-date=26 August 2016|archive-url=https://web.archive.org/web/20180205173335/https://books.google.com/books?id=arqwCQAAQBAJ&pg=PA137|archive-date=5 February 2018|url-status=live|df=dmy-all}}</ref><ref>{{cite web|url=http://www.iranicaonline.org/articles/mota|title=MOTʿA – Encyclopaedia Iranica|last=electricpulp.com|website=www.iranicaonline.org|access-date=26 August 2016|archive-url=https://web.archive.org/web/20170811173601/http://www.iranicaonline.org/articles/mota|archive-date=11 August 2017|url-status=live|df=dmy-all}}</ref> | |||
The thirteenth century scholar, Fakhr al-Din al-Razi said, | |||
:Amongst the Ummah there are many great scholars who deem Mut'ah to have been abrogated, whilst others say that Mut'ah still remains.<ref>], volume 3 p95, ] ]</ref> | |||
Even though ''nikah mut'ah'' is prohibited by the four ] '']'' (legal schools of law), several types of innovative marriage exist, including '']'' (ambulant) and '']'' (customary) marriage; however these are distinct from the ] understanding.<ref>Ruffle K. {{Webarchive|url=https://web.archive.org/web/20150111213912/http://www.oxfordbibliographies.com/view/document/obo-9780195390155/obo-9780195390155-0055.xml?rskey=0mBLTN&result=77&q= |date=11 January 2015 }} Oxford Bibliographies website document.</ref> Some regard ''misyar'' as being comparable to ''nikah mut'ah'': for the sole purpose of "sexual gratification in a licit manner".<ref>Lod M. {{Webarchive|url=https://web.archive.org/web/20160529001328/https://books.google.com/books?id=zEkmJAeJYBkC&pg=PA59&dq=misyar+muta&hl=en&sa=X&ei=7gpFUZatJtL02wXPrYDYCw&ved=0CC0Q6AEwAA#v=onepage&q=misyar%20muta&f=false |date=29 May 2016 }} Strategic Book Publishing, 2011 p58-59. {{ISBN|1612046231}}, 9781612046235.</ref> In ], ]'s daily newspaper ''Babil'', which at one point referred to the Shi'ites as "'']''", a sectarian epithet for Shia,<ref>{{cite book |author=Khalil F. Osman |title=Sectarianism in Iraq: The Making of State and Nation Since 1920 |series=Routledge Studies in Middle Eastern Democratization and Government |publisher=Routledge |year=2015 |isbn=978-1-138-77946-4 |url={{Google books|BPEBAAAQBAJ|keywords=babil rafidhah|plainurl=y}} }}</ref> condemned ] clerics as hypocrites for endorsing ''Misyar'' while denouncing ''Mut'ah''.<ref name=Rohde>{{cite book |author=Achim Rohde |title=State-Society Relations in Ba'thist Iraq: Facing Dictatorship |series=SOAS/Routledge Studies on the Middle East |publisher=Routledge |year=2014 |isbn=978-1138780132 |url={{Google books|vhfHBQAAQBAJ|page=171|plainurl=y}} |page=171}}</ref> | |||
The 20th century Sunni scholar, Waheed uz-Zaman, Deobandi said, | |||
:On the topic of Mut'ah, differences have arisen amongst the Sahaba, and the Ahl'ul Hadith, and they deemed Mut'ah to be permissible, since Mut'ah under the Shari'ah was practiced and this is proven, and as evidence of permissibility they cite verse 24 of Surah Nisa as proof. The practice of Mut'ah is definite and there is ijma (consensus) on this and you can not refute definite proof by using logic. | |||
According to classical Sunni scholars such as ] (384 - 456 A.H / 994 - 1064 C.E), ] (773 - 852 A.H / 1372 - 1449 C.E), etc.; numerous prominent companions continued to believe in the permissibility of practising ''Mut'ah'' after the death of the Prophet. Early Sunni hadith scholars such as ], ], ] etc. deemed ''Mut'ah'' marriages valid and permissible. Yemeni scholar ] (1759 CE /1173 AH - 1839 CE /1255 AH); reported in ''Nayl al-Awtar'' that the influential Sunni '']'' ] (839–923 CE / 224–310 AH) held the same view. Some Sunnite scholars narrated that ] and ] sanctioned temporary marriages.<ref>{{Cite web|last=Ibn Baz|first='Abd al-Azeez|title=Views of those who deem Mut'ah marriage permissible|url=https://www.alifta.gov.sa/En/IftaContents/IbnBaz/Pages/FatawaDetails.aspx?View=Page&PageID=3999&CultStr=en&PageNo=1&NodeID=1&BookID=14|url-status=live|archive-url=https://web.archive.org/web/20211017113404/https://www.alifta.gov.sa/En/IftaContents/IbnBaz/Pages/FatawaDetails.aspx?View=Page&PageID=3999&CultStr=en&PageNo=1&NodeID=1&BookID=14|archive-date=17 October 2021|website=Kingdom of Saudi Arabia- The General Presidency of Islamic Research and Exile|publisher=}}</ref> | |||
The ], the dictionary of Qur'anic terms states, | |||
: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.<ref>] part 5 p4, ] ]</ref> | |||
According to prominent Indian Salafi scholar Waheed-ud-Deen Zaman:<ref>{{Cite web |title=Allama Waheed Uz Zaman books |url=https://darulandlus.pk/author/allama-waheed-uz-zaman |website=Dar-ul-Andalus}}</ref><blockquote>"On the topic of ''Mut'ah'', differences have arisen amongst the '']'', and the '']'', and they deemed ''Mut'ah'' to be permissible, since ''Mut'ah'' under the ''Shari'ah'' was practiced and this is proven, and as evidence of permissibility they cite verse 24 of Surah Nisa as proof. The practice of ''Mut'ah'' is definite and there is '']'' (consensus) on this and you can not refute definite proof by using logic."<ref>{{Cite book|last=Upadhyay|first=R.D|url=https://scobserver-production.s3.amazonaws.com/uploads/case_document/document_upload/1220/Mohsin_WPC_235_of_2018.pdf&ved=2ahUKEwiKkPWu9NLzAhU3wjgGHXXVC64QFnoECA8QAQ&usg=AOvVaw0rT7jjTcpxEXGiwsuZcij7|title=CIVIL ORIGINAL JURISDICTION WRIT PETITION(CIVIL) NO 235 OF 2018|publisher=SUPREME COURT OF INDIA|year=2018|pages=20}}</ref></blockquote> | |||
The ] ], a critical explanation of the ] states, | |||
:Some Sunni scholars deem Mut'ah permissible, in the same way the Sahaba Ibn Abbas and Imran bin Haseen deemed it permissible.<ref>] ] Volume 2 p?</ref> However it should be noted that Ibn abbas was rebuked by Ali himself on mut'ah marriage itself. In sahih Muslim it is mentioned that Ali heard that Ibn Abbas gave some relaxation in connection with the contracting of temporary marriage. Ali replied ''Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allah's Messenger (may peace be upon him) on the Day of Khaibar prohibited for ever the doing of it-And eating of the flesh of domestic asses'' <ref>http://sunnah.com/muslim/16/37</ref> | |||
==Western views== | |||
Sunni Muslims use this hadeeth from Sahih Muslim as further evidence that even great companions like Ibn Abbas got it wrong and Ali had to correct him. And this correction by Ali they say ends the whole subject matter on the complete banning of mut'ah marriage. | |||
Some Western writers have argued that ''mut'ah'' approximates prostitution,<ref name=":0"/><ref> The Guardian, 2019</ref> and asserted that it has been used to cover for child prostitution.<ref>{{Cite web|url=https://www.bbc.co.uk/mediacentre/latestnews/2019/undercover-with-the-clerics|title=BBC - Undercover With The Clerics - Iraq's Secret Sex Trade - Media Centre|website=www.bbc.co.uk|access-date=2020-01-16}}</ref><ref name=":4">{{Cite news|url=https://www.theguardian.com/world/2019/oct/06/pleasure-marriages-iraq-baghdad-bbc-investigation-child-prostitution|title=In Iraq, religious 'pleasure marriages' are a front for child prostitution|last=Al-Maghafi|first=Nawal|date=2019-10-06|work=The Observer|access-date=2020-01-16|language=en-GB|issn=0029-7712}}</ref> Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the Twelver Shia authorities. She quotes the Oxford encyclopedia of modern Islamic world to differentiate between marriage (''nikah'') and ''Mut'ah'', and states that while ''nikah'' is for procreation, mut'ah is just for sexual gratification.<ref name=":1">{{Cite book|title = Lifting the Veil: The World of Muslim Women|url=https://books.google.com/books?id=JKqkohMVPVsC|publisher = InterVarsity Press|date = 1 April 2003|isbn = 9780830856961|language = en|first1 = Philip L.|last1 = Parshall|first2 = Julie|last2 = Parshall|access-date = 13 December 2015|archive-url=https://web.archive.org/web/20160503161906/https://books.google.com/books?id=JKqkohMVPVsC|archive-date = 3 May 2016|url-status = live|df = dmy-all}}</ref> Dawoud el-Alami, a lecturer at the ], wrote that the recent resurgence in the practice of ''mut'ah'' among Iraqi and Iranian Shi'tes was equivalent to "disguised prostitution".<ref>{{cite book |author=Pohl, Florian |first=Dawoud |chapter-url=https://books.google.com/books?id=n4Eye4ilLVkC&q=Mutah&pg=PA50 |title=Muslim World: Modern Muslim Societies |date=September 1, 2010 |publisher=Marshall Cavendish |isbn=9780761479277 |pages=50 |chapter=2: Marriage |access-date=April 5, 2013}}</ref> | |||
== In popular culture == | |||
== Nikah mut'ah in Twelver Shia Islam == | |||
<nowiki/>''The Girl Sitting Here'' is a (2021) short film directed by Azadeh Nikzadeh about a temporary marriage contract. Bahar (Bahar Beihaghi) a young woman, in exchange for funds to cover the costs of a surgery negotiates a temporary marriage deal with Mr. Payam (Neimah Djourabchi).<ref>{{Cite web|last=Paine|first=Herbert|title=BWW Review: THE GIRL SITTING HERE|url=https://www.broadwayworld.com/phoenix/article/BWW-Review-THE-GIRL-SITTING-HERE-20210419|access-date=2022-01-03|website=BroadwayWorld.com|language=en}}</ref> | |||
The Twelver Shias give arguments based on the '']'', '']'' (religious narration), history and moral grounds to support their position on mut'ah. Firstly, the word of the Quran takes precedence over that of any other scripture, including the ], known as ''the verse of Mut'ah''. | |||
A Twelver Shia hadith attributed to ] notes that ], the seventh of ], when asked about nikah mut'ah, said, | |||
:Why do you , when you , with the blessing of Allah, have a wife at your side? He replied, 'No, I just want to know.' Imam Kadhim replied, "The permissibility is present within the Book of Allah".<ref>] Tehran 1391 AH, printed edition, Volume 5 p452.</ref> | |||
Hadiths also record the use of nikah mut'ah during the time of ], a caliph and sahabi. Later, in 16 ] (637 CE), ], also a caliph and sahabi, prohibited mut'ah. Shias allege Umar's prohibiting nikah mut'ah was an incident of challenge to Mohammad.<ref name="Shi'iteIslam">Tabataba'i M. The Other Press 2010 p210 - 213 Accessed 4 April 2013.</ref><ref name="MountainWoman">Winter K. SUNY Press 1989. Accessed 4 April 2013.</ref><ref> Al Islam.org (a Shi'ite encyclopaedia) website. Accessed 15 March 2014.</ref> | |||
Other relevant hadiths include those of ] (see ]), and ]. The opinion of Ibn Abbas is cited in ] ("Ibn Abbas said the verse of Mut'ah"); 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."); (in Bukhari) ("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.""). | |||
Historically, Twelver Shias see that nikah mut'ah has varied in its spiritual legality, changing from ] to ] and back again over time, and thus cannot be considered in the same light as, for example, taking alcohol, which was never advocated by Mohammad.<ref> Bukhari 062.052 at University of Southern California website.</ref> | |||
Other Twelver Shia hadiths are not so in favor of Mutah marriage because Imam Baqir and Imam Jafar were not in favor of it. | |||
Imam Baqir, recorded in 'Tahdeeb al Ahkam' and 'Furu al Kafi':P p476.V2 / Pp34.V5 | |||
Abdullah Bin Umair asked Abi Ja'far : Is it acceptable to you that your women, daughters, sisters, daughters of your aunties do it (Mut'ah)? Abu Ja'far rebuked him when he mentioned his women and daughters of his aunties. | |||
In another Twelver Shia hadith narrated from Imam Jafar Ul Sadaq Narrated by A'maar: Abu Abdullah, Imam Jafar Sadaq said to me and to Suliman Bin Khaled: "I made Mut'ah Haram on you". AL Kafi Pp 467.V5.Wiasal Shia Pp22.V21."<ref>Minhaj Saduq Pp304.V7. Sheikh Sadra Hassan in his Commentry on AL Kafi.Pp461.V4.</ref> | |||
In other books Ja'far Al-Sadiq said in a narration by Abdallah bin Sinan: "I asked Abu Abdullah about Mutah. He said: "Don't defile yourself with it"<ref>Bihaar Al-Anwar, Volume 100, page 318 By AL Majlisi. Classfied as Hasan by him and sheikh Safar AL Shafi Saheeh in his AL Shafi,Pp61.V8.</ref> | |||
The classical Twelver Shia books like AL Kafi, AL Istabsar, Tahzeeb Ul Ahkam, Min La Yadrhu Fiqa say "The Holy Prophet and the Imams of Ahlubayt never practised Mut'a".<ref>AL Kafi.AL Istabsar.Tahzeeb Ul Ahkam.Min La Yadrhu Fiqa. Pp198,V12/Pp501.v6/Pp 241.V18.Pp34.V1.</ref> | |||
== Misyar marriage == | |||
Even though nikah mutʿah is prohibited by Sunni schools of law, several types of non-permanent marriage exist, including '']'' (ambulant) marriage and ] (customary) marriage.<ref>Ruffle K. Oxford Bibliographies website document.</ref> Some regard misyar as being comparable to nikah mut'ah: for the sole purpose of "sexual gratification in a licit manner".<ref name="Pohl (2010)"/><ref>Lod M. Strategic Book Publishing, 2011 p58 - 59. ISBN 1612046231, 9781612046235.</ref><ref>Elhadj E. Universal Publishers 2006 p51. | |||
ISBN 1599424118, 9781599424118.</ref> | |||
== Nikah Mut'ah as a form of prostitution == | |||
Some Sunni and Shia scholars hold the view that this kind of temporary marriage in the present age amounts to prostitution. According to many early Shia books Imam Jaffar Ul Sadaq classed Mutah as Adultery.<ref>Kitab ul Mola.P412.V21</ref> Following the 2014 release of an 82-page document detailing Iran's rampant prostitution, Mut'ah marriage has been suggested by Iranian parliamentarians as a solution to the problem - where couples would be allowed to publicly register their union through the institution of Mut'ah marriage.<ref name="economist.com">, economist.com.</ref> The establishment of ]s has also been proposed in the past where prostitutes will be provided in state sanctioned houses, but the clients would have to perform the Nikah Mut'ah first. This proposal has not been as of yet ratified by the Iranian authorities. <ref>{{Cite web|title = Iran: Proposal Debated For Solving Prostitution With 'Chastity Houses'|url = http://www.parstimes.com/women/chastity_houses.html|website = www.parstimes.com|accessdate = 2015-12-13}}</ref> According to Shahla Haeri, the Iranian middle class itself considers it to be prostitution which has been given a religious cover by the fundamentalist authorities. <ref name=":3">Haeri, Shahla (1989). Law of desire: temporary marriage in Shi'i Iran. Contemporary issues in the Middle East. Syracuse University Press. p. x. ISBN 0815624832. "Outside of the religious establishment and the ongoing disputes between Shi'i and Sunni scholars, the attitude toward temporary marriage has been primarily one of ambivalence and disdain. Before the revolution of 1979, the secular Iranian middle classes dismissed temporary marriage as a form of prostitution that had been legitimized by the religious establishment, who, to use a popular Persian expression, 'put a religious hat on it.'"</ref> | |||
=== Western views === | |||
Some Western writers have argued that mut'ah approximates prostitution.<ref name=":0">{{Cite book|title = Medieval Islamic Civilization: L-Z, index|url = https://books.google.com.pk/books?id=LaV-IGZ8VKIC&pg=PA647&dq=mutah+prostitution&hl=en&sa=X&ved=0ahUKEwjhyvy4h9jJAhWUTo4KHYMyCU4Q6AEIGTAA#v=onepage&q=mutah%2520prostitution&f=false|publisher = Taylor & Francis|date = 2006-01-01|isbn = 9780415966924|language = en|first = Josef W.|last = Meri|first2 = Jere L.|last2 = Bacharach}}</ref> Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the Twelver Shia authorities. She quotes the Oxford encyclopedia of modern Islamic world to differentiate between marriage(nikah) and Mut'ah, and states that while nikah is for procreation, mut'ah is just for sexual gratification. <ref name=":1">{{Cite book|title = Lifting the Veil: The World of Muslim Women|url = https://books.google.com/books?id=JKqkohMVPVsC|publisher = InterVarsity Press|date = 2003-04-01|isbn = 9780830856961|language = en|first = Philip L.|last = Parshall|first2 = Julie|last2 = Parshall}}</ref> According to Zeyno Baran, this kind of temporary marriage provides Shi'ite men with a religiously sanctioned equivalent to prostitution. <ref name=":2">{{Cite book|title = Citizen Islam: The Future of Muslim Integration in the West|url = https://books.google.com/books?id=hfdGAQAAQBAJ|publisher = A&C Black|date = 2011-07-21|isbn = 9781441112484|language = en|first = Zeyno|last = Baran}}</ref> According to Elena Andreeva's observation published in 2007, Russian travellers to Iran consider mut'ah to be "legalized profligacy" which is indistinguishable from prostitution.<ref>Andreeva, Elena (2007). Russia and Iran in the great game: travelogues and Orientalism. Routledge studies in Middle Eastern history. 8. Psychology Press. pp. 162–163. ISBN 0415771536. "Most of the travelers describe the Shi'i institution of temporary marriage (sigheh) as 'legalized profligacy' and hardly distinguish between temporary marriage and prostitution."</ref> | |||
==Scholarly views on Mut'ah== | |||
===Muhammad ibn Idris ash-Shafi`i=== | |||
{{PresentScholar|Muhammad ibn Idris ash-Shafi`i|9th|Sunni|Shafi'i}} writes: | |||
{{cquote|bgcolor=#F0FFF0| Nikah Mut'ah in our eyes is false, whilst Imam Malik deemed it permissible, as proof he says it was halaal and permissible, it was removed and was not abrogated <ref>Al Hidaya Volume 1 p. 13</ref><ref name=Bari>See also ] Volume 9 p. 73 Dhikr Mut'ah</ref>}} | |||
{{cquote|bgcolor=#F0FFF0|Mut'ah cannot be Nikah, Mut'ah is false, it should not be practised, Ibn Abbas and Imam Malik had differing views, in their views this was practicable<ref name=Bari/><ref>Fatawi Qadhi Khan Volume 1, p. 151 al Nikah Fayl</ref>}} | |||
===Ahmad ibn Hanbal=== | |||
{{PresentScholar|Ahmad ibn Hanbal|9th|Sunni}} writes: | |||
{{cquote|bgcolor=#F0FFF0|In the same way that Ibn Abbas deemed Mut'ah to be halaal, Imam Ibn Hanbal also stated Mut'ah was halaal <ref>] Volume 1 p. 14, ] ]</ref>}} | |||
{{cquote|bgcolor=#F0FFF0|Ibn Abbas and other party amongst the Sahaba narrated traditions that Mut'ah is halaal, and Ibn Hanbal also said that it was practicable<ref>] Volume 4 and p. 94, Dhikr Khayber</ref>}} | |||
{{cquote|bgcolor=#F0FFF0|Ibn Abbas another Sahaba said that Mut'ah can be utilised when needed, Ibn Hanbal also narrated the same<ref>]'s in ], Surah an-Nisa, Page 3 under the verse 4:24 </ref>}} | |||
===Sayyid Abul Ala Maududi=== | |||
{{PresentScholar|Sayyid Abul Ala Maududi|20th|Sunni}} writes: | |||
{{cquote|bgcolor=#F0FFF0|Whether Mut'ah is haram or halaal is a dispute that creates dissension between Shi'as and Sunnis, and has resulted in heated discussion, it is not difficult to ascertain the truth. A man comes across such situations when Nikah becomes impossible and he is forced to make a distinction between Zina and Mut'ah. In such scenarios practising Mut'ah is a better option to Zina <ref>] in his commentary of ] ], (see also ])</ref>}} | |||
== Other views == | |||
The ] ] ] criticized Mut'ah as allowing the continuation of "one of the abominable practices of ancient Arabia."<ref>"In permitting these usufructuary marriages Muḥammad appears but to have given Divine (?) sanction to one of the abominable practices of ancient Arabia, for Burckhardt (vol. ii. p. 378) says, it was a custom of their forefathers to assign to a traveller who became their guest for the night, some female of the family, most commonly the host’s own wife!" ] (1885). In A Dictionary of Islam: Being a Cyclopædia of the Doctrines, Rites, Ceremonies, and Customs, together with the Technical and Theological Terms, of the Muhammadan Religion. London: W. H. Allen & Co.</ref> | |||
== Media debates on Mut'ah == | |||
The Salafi scholar Ibtisam Ilahi Zaheer and ] held a recorded debate, with other participants, on Nikah mut'ah on ARY program Sar-e-Aam.<ref>]</ref> This open debate, heavily referenced from all sides, stirred a lot of controversy and subsequent protests from banned terrorist outfit ASWJ. | |||
== See also == | == See also == | ||
{{Portal|Islam}} | {{Portal|Islam}} | ||
* ] | * ] | ||
* ] | * ] | ||
* ] | * ] | ||
* ] | |||
* ] | * ] | ||
* ] | |||
* ] | |||
* ] | |||
* ] | * ] | ||
* ] | |||
* ] | * ] | ||
* ] | * ] | ||
* ] | |||
== References == | == References == | ||
===Notes=== | |||
{{reflist | |||
{{notelist}} | |||
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===Citations=== | |||
== Further reading == | |||
{{reflist}} | |||
* Imam, A. ] (], ]). No date given. Accessed 16 March 2014. | |||
* "Mutah" in ''Encyclopædia Britannica 2007 Ultimate Reference Suite''. Chicago: Encyclopædia Britannica, 2006. | |||
== |
==Further reading== | ||
*{{cite book|chapter=Slave concubinage, temporary marriage, and harem wives|title=Sexual Politics in Modern Iran |first=Janet|last=Afary |publisher=]|date=2009|pages=50–78|doi=10.1017/CBO9780511815249.004|isbn=9780511815249 }} | |||
* ''A Shi'ite Encyclopaedia'' website. | |||
{{Types of marriages|state=autocollapse}} | |||
* Answering-ansar.org website. | |||
* About Almisyar.com | |||
* from leader's office in Qom. | |||
{{DEFAULTSORT:Nikah Mutah}} | {{DEFAULTSORT:Nikah Mutah}} | ||
] | ] | ||
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Latest revision as of 08:40, 21 October 2024
Temporary marriage in Shiite Islam"Mut'ah" redirects here. Not to be confused with Mu'tah, a town in Jordan.
Nikah mut'ah Arabic: نكاح المتعة, romanized: nikāḥ al-mutʿah, "pleasure marriage"; temporary marriage or Sigheh (Persian: صیغه ، ازدواج موقت) is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam in which the duration of the marriage and the mahr must be specified and agreed upon in advance. It is a private contract made in a verbal or written format. A declaration of the intent to marry and an acceptance of the terms are required as in other forms of marriage in Islam. The Zaidi Shia reject Mutah marriage.
The length of a temporary marriage varies and can be as brief as an hour or stipulated as long as ninety-nine years. Traditionally, a temporary marriage does not require witnesses or registration, though taking witnesses is recommended. The Oxford Dictionary of Islam, indicate the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested.
Some present this relationship as a more regular and kind of trial marriage compared to the free relationship between men and women in the West.
Sunnis and Shiites agree that this marriage is a pre-Islamic Arabic tradition and is not prohibited by the Quran. According to Shiites, the tradition was approved by Muhammad and continued among Muslims during his lifetime. According to Sunnis, although the practice was initially approved by Muhammad, it was later banned by him. Both sides emphasize the sharp role of Caliph Omar in the ban. Quran 4:24, which is referenced on the subject, is given with translations that highlight different understandings. (see: Hadith of Mut'ah and Imran ibn Husain)
Some Muslims and Western scholars have stated that both Nikah mut'ah and Nikah misyar are Islamically void attempts to religiously sanction prostitution which is otherwise forbidden. Iranicaonline states that in Iran, which bans men and women from meeting freely, in order to overcome this ban, temporary marriage, which does not include sexuality, can be made with children and even infants in Iranian society, without any rules regarding marriage.
Background
Historically there were many types of marriages, used for various purposes, as opposed to a full marriage; in mut'ah some of the rights of the husband and wife are non-existent. This was primarily used by those who could not stay at home with their wife and traveled a lot. For example, a traveling merchant might arrive at a town and stay for a few months, in that period he may marry a divorced widow, and they would take care of each other. When he has to leave to the next town, the marriage is over, and he might sign a mut'ah contract at his next place. Although in modern times such a thing is considered obsolete, due to the availability of fast travel, and primarily exists in Iran and Shia regions for sexual pleasure reasons as a means of Halal dating.
Mut'ah, literally meaning joy, is a condition where rules of Islam are relaxed. It can apply to marriage (the nikah mut'ah) or to the Hajj (the obligatory pilgrimage) (the Mut'ah of Hajj). The permissibility of Mut'ah is disputed by majority of the Sunni scholars, who argue that the practice was banished by the Prophet. Twelver Shia scholars, on the other hand, assert that Mut'ah was sanctioned by the Prophet, but was banished by the Second Caliph 'Umar. Omar's abolition was not accepted in many scholarly circles and was met with staunch opposition from major companions like 'Imràn b. Husayn, Ibn 'Abbas, as well as Omar's son 'Abd Allàh b. 'Umar. Both Shias and Sunnis agree that, initially, or near the beginning of Islam, Nikah mut'ah was a legal contract.
The prominent companion and Caliph Abd Allah ibn al-Zubayr was born of nikah mut'ah between Zubayr ibn al-Awwam and Asma bint Abi Bakr. According to al-Raghib al-Isphahani, Abu Dawood al-Tayalisi, and Qadhi Sanaullah Panipati, were major scholarly personalities born of Mut'ah.
Religious views
Twelver Shia
According to Twelver Shia jurisprudence, preconditions for mut'ah are: The bride must not be married, she must attain the permission of her wali if she has never been married before, she must be Muslim or belong to Ahl al-Kitab (People of the Book), she should be chaste, must not be a known adulterer, and she can only independently do this if she is Islamically a non-virgin or she has no wali (Islamic legal guardian). At the end of the contract, the marriage ends and the wife must undergo iddah, a period of abstinence from marriage (and thus, sexual intercourse). The iddah is intended to give paternal certainty to any children should the wife become pregnant during the temporary marriage contract. The Twelver Shias give arguments based on the Quran, hadith (religious narration), history, and moral grounds to support their position on mut'ah. They argue that the word of the Qur'an takes precedence over that of any other scripture, including Quran 4:24, known as the verse of Mut'ah.
Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the Twelver Shia authorities. She quotes the Oxford Encyclopedia of the Modern Islamic World to differentiate between marriage nikah and mut'ah, and states that while nikah is for procreation, mut'ah is just for sexual gratification. According to Zeyno Baran, this kind of temporary marriage provides Shi'ite men with a religiously sanctioned equivalent to prostitution. According to Elena Andreeva's observation published in 2007, Russian travelers to Iran consider mut'ah to be "legalized profligacy", which is indistinguishable from prostitution. These views are contested by others, who hold that mut'ah is a temporary wedlock option in Islam for avoiding illegal sex relations among those Muslims whose marriage is legitimate but, for certain constraints, they are unable to avail it. From this point of view, mut'ah is neither concubinage nor prostitution. Religious supporters of mut'ah argue that temporary marriage is different from prostitution for a couple of reasons, including the necessity of iddah in case the couple have sexual intercourse. According to this interpretation of the rules of iddah, if a woman marries a man in this way and has sex, she has to wait a number of months before marrying again and therefore, a woman cannot marry more than three or four times in a year.
Sunni
In authentic hadith found in Sahih Muslim 1407, Ali himself corrected Ibn Abbas regarding nikah mut'ah that the prophet Muhammad forbade it forever on the day of Khaibar:
'Ali (Allah be pleased with him) heard that Ibn Abbas (Allah be pleased with them) gave some relaxation in connection with the contracting of temporary marriage, whereupon he said: Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allah's Messenger (ﷺ) on the Day of Khaibar prohibited that forever - along with the eating of flesh of domestic asses.
— Sahih Muslim 1407
Ali also narrated in Sahih al-Bukhari 4216 that it was forbidden by the prophet Muhammad at Khaibar:
Narrated `Ali bin Abi Talib: On the day of Khaibar, Allah's Messenger (ﷺ) forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat.
— Sahih Bukhari 4216
Because of these narrations (and many others forbidding it), all Sunni scholars consider it forbidden until the Day of Judgement, and that anyone who does not consider it forbidden either have not heard the authentic hadith on the topic yet or are following their own whims and desires and twisting interpretations of the Qur'an.
Regarding verse 4:24 of the Qur'an, Sunnis say this verse is not in reference to mut'ah marriage and this is a misinterpretation (intentional or not). Rather it is simply stipulating conditions for a normal, valid nikah. Their evidence is that the same wording for mahr, al-ajr, is used in another verse of the Qur'an: al-Ahzab 33:50, which again stipulates that mahr is a condition for a valid normal marriage contract. Even if the Shi'a were correct, for argument's sake, that the verse in surat al-Nisa' indicates mut'ah marriages, it still has been abrogated anyways by the prophet Muhammad as reported by imam Ali himself when he corrected ibn Abbas.
During the sixteenth century, during the reign of Akbar, the third emperor of the Mughal Empire who started the religion Din-i Ilahi, debates on religious matters were held weekly on Thursdays. When discussing nikah mut'ah, Shi'ite theologians argued that the historic Sunni scholar Malik ibn Anas supported the practice. However, the evidence from Malik's Muwatta (manual of religious jurisprudence) was not forthcoming. The Shi'ite theologians persisted and nikah mut'ah was legalized for the Twelver Shia during Akbar's reign.
According to Sunni Arab jurisdiction of Jordan; if the nikah mut'ah meets all other requirements, it is treated as if it were a permanent marriage (i.e. the temporary conditions are invalid and void).
The thirteenth century scholar, Fakhr al-Din al-Razi said,
Amongst the Ummah there are many great scholars who deem Mut'ah to have been abrogated, whilst others say that Mut'ah still remains.
The Gharab al-Quran, the dictionary of Qur'anic terms states,
The people of Faith are in agreement that Mut'ah is halal, then a great man said Mut'ah was abrogated, other than them remaining scholars, including the Shi'a believe Mut'ah remain halal in the same way it was in the past. Ibn Abbas held this viewpoint and Imran bin Husain.
De facto temporary marriages were conducted by Sunnis by not specifying how long the marriage would last in the written documents themselves while orally agreeing to set a fixed period.
Even though nikah mut'ah is prohibited by the four Sunni madh'habs (legal schools of law), several types of innovative marriage exist, including misyar (ambulant) and ʿurfi (customary) marriage; however these are distinct from the Twelver Shia understanding. Some regard misyar as being comparable to nikah mut'ah: for the sole purpose of "sexual gratification in a licit manner". In Ba'athist Iraq, Uday Hussein's daily newspaper Babil, which at one point referred to the Shi'ites as "Rafida", a sectarian epithet for Shia, condemned Wahhabi clerics as hypocrites for endorsing Misyar while denouncing Mut'ah.
According to classical Sunni scholars such as Ibn Hazm (384 - 456 A.H / 994 - 1064 C.E), Ibn Hajar al-Athqallani (773 - 852 A.H / 1372 - 1449 C.E), etc.; numerous prominent companions continued to believe in the permissibility of practising Mut'ah after the death of the Prophet. Early Sunni hadith scholars such as `Ata' ibn Abi Rabah, Ibn Jurayj, Ahmad ibn Hanbal etc. deemed Mut'ah marriages valid and permissible. Yemeni scholar Al-Shawkani (1759 CE /1173 AH - 1839 CE /1255 AH); reported in Nayl al-Awtar that the influential Sunni Mufassir Ibn Jarir al-Tabari (839–923 CE / 224–310 AH) held the same view. Some Sunnite scholars narrated that Malik ibn Anas and Al-Shafi'i sanctioned temporary marriages.
According to prominent Indian Salafi scholar Waheed-ud-Deen Zaman:
"On the topic of Mut'ah, differences have arisen amongst the Sahaba, and the Ahl al-Hadith, and they deemed Mut'ah to be permissible, since Mut'ah under the Shari'ah was practiced and this is proven, and as evidence of permissibility they cite verse 24 of Surah Nisa as proof. The practice of Mut'ah is definite and there is ijma (consensus) on this and you can not refute definite proof by using logic."
Western views
Some Western writers have argued that mut'ah approximates prostitution, and asserted that it has been used to cover for child prostitution. Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the Twelver Shia authorities. She quotes the Oxford encyclopedia of modern Islamic world to differentiate between marriage (nikah) and Mut'ah, and states that while nikah is for procreation, mut'ah is just for sexual gratification. Dawoud el-Alami, a lecturer at the University of Wales, wrote that the recent resurgence in the practice of mut'ah among Iraqi and Iranian Shi'tes was equivalent to "disguised prostitution".
In popular culture
The Girl Sitting Here is a (2021) short film directed by Azadeh Nikzadeh about a temporary marriage contract. Bahar (Bahar Beihaghi) a young woman, in exchange for funds to cover the costs of a surgery negotiates a temporary marriage deal with Mr. Payam (Neimah Djourabchi).
See also
- Misyar marriage
- Criticism of Twelver Shia Islam
- Islamic marital jurisprudence
- Jihad al-nikah
- Marriage of convenience
- Nikah Halala
- Nikah Misyar
- Pilegesh
- Walking marriage
References
Notes
- "Most of the travelers describe the Shi'i institution of temporary marriage (sigheh) as 'legalized profligacy' and hardly distinguish between temporary marriage and prostitution."
Citations
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- A nonsexual ṣiḡamay take place between two consenting adults, an adult and a child, children, or even infants (arranged by their parents in the latter cases). https://iranicaonline.org/articles/mota
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- In Iraq, religious ‘pleasure marriages’ are a front for child prostitution The Guardian, 2019
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Further reading
- Afary, Janet (2009). "Slave concubinage, temporary marriage, and harem wives". Sexual Politics in Modern Iran. Cambridge University Press. pp. 50–78. doi:10.1017/CBO9780511815249.004. ISBN 9780511815249.
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