Re: Nikah for limited period
Rules
Nikahu l-Mut‘ah resembles a nikah (“permanent marriage”) in many, but not all, aspects. It commences in the same way as a Nikah except that for some, a date of expiration for the marriage is added to the marriage contract. The duration is decided by the couple involved. There are no restrictions about minimum and maximum duration. If the period is longer than what can be reasonably expected to be a lifetime, it will transform into a nikah.
During the period of the marriage, the couple are considered husband and wife, just as in a permanent marriage. At the expiration, the marriage is voided without undergoing a talaq “divorce”. In case of sexual intercourse, the woman must observe the iddah “waiting period” before she can marry anyone else. Nikahu l-Mut‘ah is considered mustahab (recommended) by the Shia.[3]](Nikah mut'ah - Wikipedia) The Shia also regard it as mustahab (recommended) to extend the marriage or to transform it into a permanent one.citation needed]
** Differences from permanent marriage**
Nikah Mut’a is a marriage with a pre-set time. It is important to note that different Marja “authorities” may give different fatwa “legal rulings” on some issues. Many of the following rules may be changed in the Islamic marriage contract.
- The marriage is agreed upon to be voided after a pre-set time. This permits the couple to expect and prepare emotionally for the end of the marriage.
- No divorce is necessary. In Shi‘a fiqh (“jurisprudence”), a divorce is viewed as a complex process involving mediators*citation needed*] and a period aimed at giving the couple the chance to reconcile. This is not necessary in Nikahu’l-Mut‘ah, since the marriage does not end due to disharmony but due to the preset time being reached.
- The husband may void the Nikahu l-Mut‘ah earlier than agreed. If he does and they have had sexual intercourse, he must give her full mahr “bride price”. If they have not had intercourse, he must give her half that amount, though the recommended precaution is that he should give her full mahr. A distinction between a talaq “divorce” in a nikah and voiding a nikahu l-mut‘ah is made in a conversation reported in a hadith collection.[7]](Nikah mut'ah - Wikipedia).
- The couple do not inherit from each other. Since the marriage is not permanent, the couple is not considered a single, merged unit.
- The husband is financially responsible for any children resulting from the marriage. As it is believed that a woman should not be burdened with the responsibility of providing for a family, she is allowed to work and spend her money as she chooses.
- The wife may leave her house against her husband’s will.
- The husband need not pay for the wife’s expenses. This complements the above point.
- It is permitted to marry a woman from Ahl al-Kitab “People of the Book” (followers of monotheistic religions). The difference in jurisprudence between different religions is overcome by this rule. It is understood that the Muslim Nikah does not have an equivalent form among the People of the Book. Therefore, women who are of the People of the Book are unaccustomed to the special rules of Nikah, for example, the husband’s responsibility for the wife’s expenses or the wife’s not leaving her house against the husband’s wishes. These difference in religious laws make it desirable to wait with the higher level of commitment that Nikah requires until they are overcome, in order to minimize potential friction in family life.
- The wives are not counted toward the maximum of four. Since the husband is not required to support the wife, and the marriage is not permanent, the circumstances leading to the restriction of having no more than four wives does not apply. However, many Shi‘a scholars have ruled that one cannot take more than four temporary wives.
- The Nikahu l-Mut‘ah can be used exclusively for the aim of having sex.[3]](Nikah mut'ah - Wikipedia)
** Similarities between Nikahu l-Mut‘ah and Nikah**
** Differences from “modern dating”**
Although nikah mut’ah is usually portrayed in the western media as a form of “Islamic dating”, there are a few differences between it and modern western dating, mainly:[11]](Nikah mut'ah - Wikipedia)
- A woman is required to observe an iddah (waiting period) after their breakup, if they have consummated their relationship.
- It is forbidden for women to “date” non-Muslims, and men are not permitted to “date” women of non-monotheistic religions.
- The two parties must have a verbal consent, although some Shias believe that implicit consent is also acceptable.
Difference of opinion
This topic is controversial in the Muslim world. Twelver Shia deem it as a blessing revealed in the Qur’an intended to make everyday life easier, while Sunnis and other Shia condemn the practice, disputing its presence in the Qur’an, and adducing that Muhammad never prescribed it and he himself never practiced it.
Although this is the main fiqh difference between Twelver Shia and Sunnis, it is still merely a fiqh issue and not relevant to the core beliefs. The question is whether Muhammad or Umar abolished it, it does not define whether one is Shi’a or Sunni.
To see the hadith that Shi’a and Sunni use to support their arguments, see Hadiths related to Nikahu l-Mut‘ah.
Sunni view (allowed)
Sunnis can perform a type of marriage called misyar.citation needed] While Sunnis do not believe misyar is comparable to Nikah Mutah because the difference is that the Shi’a Mut’ah marriage is based on a contract with a fixed date of expiry. In contrast, the Sunni misyar marriage is marrying a woman who lives in foreign country often visited by the husband for prolonged periods of time and that the marriage is treated as a regular marriage so there is no specified date for the marriage to end.
Sunni view (forbidden)
Sunnis believe this type of marriage was practised before Islam and during the time of Muhammad. In the hadith below, Muhammad told Sahaba to “do it” since it was made acceptable. However, within the same Hadith, Muhammad clearly mentions that this form of marriage was to be banned.
Narrated Jabir bin Abdullah and Salama bin Al-Akwa: While we were in an army, Allah’s Apostle came to us and said, “You have been allowed to do the Mut’a (marriage), so do it.” Salama bin Al-Akwa’ said: Allah’s Apostle’s said, “If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so.” I do not know whether that was only for us or for all the people in general. Abu Abdullah (Al-Bukhari) said: 'Ali made it clear that the Prophet said, "The Mut’a marriage has been cancelled (made unlawful)."bukhari 062.052. But Sahih Muslim mentions some Sahaba benefited from this type of marriage during the time of both ‘Umar and Abu Bakr Muslim 3248. The reason for Mut’a is explained in sahih bukhari as only when it is very badly needed
Narrated Abu Jamra: I heard Ibn Abbas (giving a verdict) when he was asked about the Mut’a with the women, and he permitted it (Nikah-al-Mut’a). On that a freed slave of his said to him, “That is only when it is very badly needed and women are scarce.” On that, Ibn 'Abbas said, “Yes.” bukhari 062.051. Thus according to Sunni Scholars This type of marriage used to be allowed and then was banned permanently like many other banned things in Islam such as consuming of alcohol which was allowed in the beginning and banned later on in steps .To be easy on those who converted to Islam so they would not have to let go of everything the instant they became Muslims. And so dictates human nature that habits good or bad do not change over night.
It was banned by Muhammad at Khaibar along with eating of Donkey meatbukhari 059.527. another Hadith by a different Narrator is
The complete Hadith:
Narrated Muhammad bin 'Ali: 'Ali was told that Ibn 'Abbas did not see any harm in the Mut’a marriage. 'Ali said, "Allah’s Apostle forbade the Mut’a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey’s meat."Some people said, “If one, by a tricky way, marries temporarily, his marriage is illegal.” Others said, “The marriage is valid but its condition is illegal.” bukhari 086.091
** Shi’a view**
According to Usuli Shia scholars Mut’a is a valid marriage. Muslims in countries that permit Nikahu’l-Mut‘ah, such as Iran, have varying views on this form of marriage, depending on how it is used. Some practices are viewed as being more legitimate, while others are viewed as irresponsible.citation needed]
** Qur’anic origin**
Some Muslims believe that this institution was established by God through Muhammad in the Qur’an. Its single mention in the Qur’an is verse 4:24.
The prominent Sunni exeges ibn Kathir states in his Tafsir:
Arabic: فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَـَاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً “Then give those of these women you have enjoyed the agreed dower” was revealed on the subject of the mut‘ah marriage. A mut‘ah marriage is a marriage that ends upon a predetermined date.Tafsir ibn Kathir Sunni site. The event of revelation was during the battle of Hunayn in 9 ah (631 CE) Muslim 3432.
Tabari in his Tafsir writes under this verse a hadith from Mujahid:
The phrase “Then give those of these women you have enjoyed the agreed dower” means the temporary marriage (nikahu l-mut‘ah).ref Sunni Scholars, however, say 4:24 does not permit temporary marriage. The refutation of this is the fact that prior to this Allah mentions the women whom a man is forbidden to marry, then he mentions what is permissible for him, and He commands the man to give to the woman he marries her mahr.- Shaykh Munnajjid (1) Shi’a scholars argue that is not relevant because the individual verse permits Istamta’tum by means of contract. The preceding and anteceding verses give the guidelines as to whom is permissible to marry. The full verse is:
- (Shakir): “And all married women except those whom your right hands possess (this is) God’s ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely God is Knowing, Wise.”
The word “istamtaˤtum”
The phrase those whom you profit by, in Arabic istamtaˤtum bihi, has the same root as Mut‘ah, that is, MTĦ. The word is usually translated in its general meaning as “those whom ye seek content” or “they whom you have enjoyed”. If the word was translated as an Islamic term, the translation would be: “They with whom you have made Mutˤāħ”, or “They whom you have married for a fixed time”.
Tabari in his Tafsir al-Kabir under the verse 4:24 mentioned a Tafsir Qudsi:
Abu Nadhra said: Ibn Abbas recited the verse 4:24 with the addition of “to an appointed time”. I said to him: “I did not read it this way.” Ibn Abbas replied: “I swear by God, this is how God revealed it,” and Ibn Abbas repeated this statement three times." Al-Tha’labi in his Tafsir al-Kabir, under commentary of verse 4:24 narrated a similar tradition from Sa’id bin Jubayr. Tabari continued:
Abu Nadhra said: I asked Ibn Abbas about temporary marriage (Mutˤāħ of women). Ibn Abbās said: “Do you not read 'For whatever you enjoyed (Istamtaˤtum) them by the contract to an appointed time?” I said: “If I would have read it this way, I wouldn’t ask you (about temporary marriage)!” He replied: “Certainly the verse is about it.” Tabari continues to say that Ubay Ibn Ka’ab also knew that tafsir ref.
** Ujūrahunna**
The phrase “give them their dowries as appointed” is “bihi minhunna fātūhunna ujūrahunna farīdatan”. “'Ujūrahunna” is derived from ajr “compensation”/“payment”. This is in contrast to the verse on the subject of Nikah, verse 4:4. It states:
- (Shakir): “And give women their dowries as a free gift…”
The word translated in 4:4 as “dowries” is “saduqātihinna”. It is not the same word as used in 4:24, although it is often translated as such. In fact, 4:4 refers to “dowries” while 4:24 refers to “compensation, payment”. Furthermore, 4:4 says “dowries as a free gift”, while 4:24 says “dowries as appointed”. However, this should only be taken as a difference between the Nikah vers of 4:4 and the Nikahu l-Mut‘ah verse of 4:24 and it does not constitute a proof that “ujūrahunna” refers to only Nikahu l-Mut‘ah, since the same word is used in verse 33:50 when referring to Nikah.
edit] “After what is appointed”
The section “and there is no blame on you about what you mutually agree after what is appointed” refers to prolonging the marriage or making it permanent, something which is mustahab “recommended”. If this doesn’t occur, the wife must observe the Iddah, making it impossible for a woman to engage in a Nikahu l-Mut‘ah, and have sexual intercourse with more than six partners per year, assuming a menstruation cycle of 20 days.
