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Temporary Marriage
(Mut'ah) & its Illegitimacy in Islam
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Of the basics and foundations on which Islam was
built was the gradual implementation of injunctions so that
people can be prepared to apply these without shock or surprise.
In this manner, the impact of the injunctions is less strenuous.
This gradualism requires the permissibility of some actions as a
temporary measure to deal with situations and circumstances.
Then these permissions end as the purpose which they aim to
serve is no longer a necessity. Then when the law of Allah was
fully revealed, this law remained applicable until the Day of
Judgment.
Our divine law was completed with the words of the Most High:
"Today I have perfected for you your religion, and completed
upon you my favor, and accepted for you Islam as a way of life."
[5:4]. After the revelation of this noble verse, there was no
longer any change or exchange. This gradualism in implementation
has included many religious laws such as the law relating to
alcohol, and the law relating to inheritance and others.
In this short precis, we are focusing on temporary marriage and
what is linked to it of practical wisdoms which have been missed
on many amongst the common people, to an extent that it
facilitated the spread of many false claims about the law of
Allah Most High lying about his Messenger (s.a.w.), and hatred
to his righteous companions (r.a.a.).
What is temporary marriage?
It is a temporary marriage upon agreement of the two parties.
This temporary marriage was a custom amongst eastern countries,
as it was also practiced by some men at the dawn of Islam on
their missions / trips.
Abdullah Ibn 'Abbas (r.a.a.) said: "Temporary marriage was at
the beginning of Islam. A man comes by a town where he has no
acquaintances, so he marries for a fixed time depending on his
stay in the town, the woman looks after his provisions and
prepares his food, until the verse was revealed: "Except to your
wives or what your right hands possess." Ibn 'Abbas explained
that any relationship beyond this is forbidden. [narrated by
Tirmizy]
As temporary marriage was a custom amongst Arabs in the days of
ignorance, it would not have been wise to forbid it except
gradually, as is the manner of Islam in removing pre-Islamic
customs which were contrary to the interests of people.
It is well established that temporary marriage does not agree
with the interests of people because it causes loss to the
offspring, uses women for fulfillment of the lusts of men, and
belittles the value of a woman whom Allah has honored. So
temporary marriage was forbidden.
The evidence of its illegality:
We will show - God willing - some of the countless evidences in
order to wipe out some of the maligning accusations which the
misguided repeat against Umar Ibnul Khattab (r.a.a.). These
people falsely claim that he was the person who forbade it when
he was Caliph. Their motive for this false claim was but their
blind spite for the companions of the Messenger (s.a.w.) who had
succoured him, supported him, and assisted him.
Allah Most High says: "So whatever you enjoy from them, give
them their recompense, this is an obligation." [4:24]. This is
the verse relied on by those who support temporary marriage.
They rely on it either in ignorance or in order to fool others,
giving a superficial meaning to the verse without referring to
the interpretation of it, and without availing the correct
interpretation to the general public. The following is the
interpretation of it:
Imam Qurtuby says in his commentary on this verse, the payment
in the context is the dowry, it has been called recompense
because it is a fee for the enjoyment. This is a support for
dowry being a recompense. Alhasan, Mujahid, and others said: The
meaning relates to what you have 'enjoyed through your union
with women in proper marriage, so "give them their recompense"
that is, their dowries. Ibn Khuwayz Mindad said: There is no
support and it is not permissible to use the verse as a
permission for temporary marriage as the Messenger of Allah (s.a.w.)
has warned against and has forbidden temporary marriage as Allah
Most High said: "So marry them with the permission of their
families." It is natural for the marriage to take place with the
permission of the parents, this is a proper marriage which has a
trustee and two witnesses, temporary marriage is not like that.
'A`isha said: "It has been forbidden in the Qur'an in the words
of the Most High: "And those who preserve their private parts
except with their spouses or what their right hands posses, then
they would have no blame." [23:5]. Temporary marriage is not
regarded as a proper marriage, and the spouse does not fall into
the category of what the right hand possesses.
Ibn Katheer says in his commentary on this verse: as you enjoy
them, give them their dowries as the Most High said: "give women
their money as a gift" [4:4]. He has interpreted the generality
of this verse to include temporary marriage saying: There is no
doubt that it was permitted at the dawn of Islam, and became
forbidden afterwards.
Ibn Jawzy says in regards to this verse: some commentators have
said: what is meant by this verse is the temporary marriage, and
then it was superseded with what has been reported from the
Prophet (s.a.w.) when he forbade temporary marriage. This
interpretation has no basis. The Prophet (s.a.w.) permitted it
then forbade it with his own words, so his later prohibition
supersedes the permissibility. As for the verse, it does not
touch on temporary marriage. It only relates to enjoyment
through proper marriage."
There is a plethora of statements of the Messenger (s.a.w.)
which forbid temporary marriage, some of the Hadith include:
According to Sabra Bin Ma'had AlJuhany who said: I was with my
cousin when we passed by a woman who liked my youth and a robe
which my companion had. So she offered temporary marriage with
the robe as the dowry. I married her and spent the night with
her. In the next morning, I went to the
mosque and heard the Messenger of Allah (s.a.w.)
saying: 'O people, I had permitted you temporary marriage
before, whoever of you has any part in it currently must part
with her, and do not take back anything which you may have given
them, as Allah Exalted and Majestic has forbidden it until the
day of resurrection.' " [narrated by Muslim, Abu Dawood, Ibn
Majah, Nasa`i, and Darimi]
Ali Bin Abi Taleb (r.a.a.) said that the Messenger of Allah (s.a.w.)
had forbidden temporary marriage on the day of Khaybar and had
forbidden the eating of the meat of domestic camels. [narrated
by bukhary, Muslim, Tirmizy, Ibn Majah, Nasa`i, Tahawy, Shafi'i,
Bayhaqy, and Hazimy]
According to Sufyan Althawry according to Isma'il Bin Umayya
according to Alzahry according to Alhassan Bin Mohammad
according to Ali (r.a.a.) who said to a man: "You are a straying
person, the Messenger of Allah (s.a.w.) has forbidden temporary
marriage and the meat of domestic camels on the day of Khaybar."
[Narrated by Muslim and Bayhaqy]
According to Misdad Bin Masarhad according to 'AbdulWareth
according to Isma'il Bin Ummaya according to Alzahry who said:
"We were with 'Umar Bin 'Abdul'Aziz and we recalled temporary
marriage, a man called Rabee' Bin Sabra said to him: 'I testify
that according to my father that it happened that the Messenger
of Allah (s.a.w.) had forbidden it on the farewell pilgrimage.'
" [narrated by Abu Dawood and Imam Ahmad]
According to Abu Huraira (r.a.a.), the Messenger of Allah (s.a.w.)
had forbidden or abolished temporary marriage, its marriage and
its divorce, its waiting period, and its inheritance. [narrated
by DarQutny, Ishaq Bin Rahwiya, and Ibn Habban]
Abu Bakr Bin Hafs reported according to Ibn 'Umar who said:
"When Ali was given the Caliphate, he thanked Allah Most High
and praised Him and said: 'O people, the Messenger of Allah (s.a.w.)
had permitted temporary marriage three times then forbade it. I
swear by Allah, ready to fulfil my oath, that if I find any
person who engages in temporary marriage without having ratified
this with a proper marriage, I will have him lashed 100 stripes
unless he can bring two witnesses to prove that the Messenger (s.a.w.)
had permitted it after forbidding it.' " [Ibn Majah]
Imam Muslim has narrated that according to Mohammad Bin
'Abdullah Bin Numayr who said: "My father had narrated to us
according to 'Ubaidullah according to Ibn shahab according to
Alhassan and 'Abdullah the sons of Mohammad Bin 'Ali according
to their father according to 'Ali (r.a.a.) that he heard Ibn
'Abbas (r.a.a.) being lenient towards temporary marriage, so he
said, 'wait Ibn 'Abbas, the Messenger of Allah (s.a.w.) had
forbidden it on the day of Khaybar when he also prohibited the
meat of domestic camels.' "
This evidences illustrates the correctness of the consensus
about its prohibition. Particularly as 'Umar Ibnul Khattab (r.a.a.)
had mentioned its prohibition from the pulpit and stated its
punishment, and reminded the congregation that the Messenger of
Allah (s.a.w.) had prohibited it and strongly admonished against
it, this was at the presence of both the migrants and the
supporters, and none disputed it with him or differed with him,
knowing well their care and attention to make sure that the
truth is always revealed, and any error is corrected as they had
done with respect to other issues. Furthermore, the prohibition
has been reported according to a number of companions other than
'Umar.
Its prohibition has been reported according to 'Ali Bin Abi
Taleb, 'Abdullah Bin 'Umar, 'Abdullah Bin Mas'ud, 'Abdullah Bin
Alzubayr, 'Abdullah Bin 'Abbas who when reminded of its
prohibition also supported the prohibition when he understood
the references of the others. This is also the understanding of
the followers, the scholars, and all the Imams. They were all
unanimous on this issue.
To cap the research, below are the opinions of the four Imams;
these will leave no excuse for any.
Hanafi Fiqah: stated in Fathul Qadir that the temporary marriage
is void, and defined this marriage as a man saying to a woman I
will enjoy you so many times for a certain sum of money. He also
said in AlHashia after dealing with the two different types of
temporary marriage, that it is a contract with a woman which is
formed with the intention of not providing security or fosterage
for a child, instead it is for a fixed period, and the marriage
ends with this period, or a non fixed period based on the
person's stay with the wife until he decides to leave, and then
the contract is ended.
Shafi'i Fiqah: temporary marriage is a marriage for a period, so
if it was requested of a guardian to marry his ward for a month,
this would be a void marriage.
Maliki Fiqah: temporary marriage is one for a term, as if saying
to the guardian allow me to marry your ward for a month for such
a fee, if they agree, the marriage would be void and both
spouses would be liable to a penalty. This marriage is ended
without a divorce, regardless of whether it is before
consummation or after.
Hanbali Fiqah: Temporary marriage is a marriage for a term
whether fixed or not, there is no difference whether it is
labelled as a marriage or not, where the man says to the woman
allow me to enjoy you, she says I give you myself for enjoyment,
without a guardian or two witnesses. The temporary marriage
raises two issues. One for a fixed term having a guardian and
two witnesses, or one called enjoyment not having a guardian or
witnesses. In both cases it is void.
After the opinions of the four Fiqah, we report the opinions of
scholars from other Fiqahs below.
Ibn Hazm said, "temporary marriage is not permitted; this is a
fixed marriage which was permitted at the time of the Messenger
(s.a.w.), then Allah superseded it through His Messenger (s.a.w.)
until the day of resurrection."
Imam Shawkany: "We worship in accordance with what we learnt
from the Messenger (s.a.w.), and we have ascertained the
authenticity of his eternal prohibition of temporary marriage.
The fact that some companions were not aware of this does not
negate the large number of companions who were aware and who
have acted upon the prohibition and proclaimed it."
Qady 'Ayyad said: "The scholars reached consensus that temporary
marriage was a marriage for a term with no inheritance, its
separation at the expiry of the term without dispute, the
consensus after this was that it was prohibited according to all
the scholars with the exception of the rejectors. Ibn 'Abbas
allowed it until he became aware of the prohibition and then
forbade it and said: "If temporary marriage takes place now, it
is void regardless of whether it had been consummated or not."
Imam Nawawy said: "The truth of the matter is that it was
permitted and prohibited on two occasions. It was permitted
before Khaybar, then prohibited, then permitted on the day of
liberation, the day of Awtas, then prohibited forever after
three days of the event."
Imam Bayhaqi said: "Imam Ja'far Bin Mohammad was asked about
temporary marriage, he said: 'It is adultery.' "
Before we close this research, we refer to the words of Imam
Alfakhr AlRazy in response to those who claim that 'Umar added
the prohibition of temporary marriage himself. So they declared
him as an apostate and attributed apostasy to all who did not
stop him: "all this is erroneous. All that is left to say is
that temporary marriage was permitted during the time of the
Messenger (s.a.w.), and I prohibit it with what has been
authenticated with me that the Messenger of Allah (s.a.w.)
prohibited it."
In this manner we see the manner in which Islam treated the
issue of temporary marriage and how it became prohibited forever
until the day of resurrection as has reached us through the true
Ahadith. There is no doubt that contemplation in this brief
message will find in it convincing proof that temporary marriage
is prohibited for those who believe in Allah and are free from
blind loyalty. We supplicate Allah Most High to make us of those
who listen to the words and follow the best standard therein. |
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