Therefore the man must pay the normal dowry of permanent marriage, which is demanded in any instance of 'mistaken intercourse'.61 The time period for which the woman was at the man's disposal is irrelevant, just as there is no difference between one act of sexual intercourse and several acts as long as the mistake remains in force.62, If it should become apparent that the contract is invalid before the marriage is consummated, the woman receives no dower. Unrecognized Email or Password, please try again. Thus, for example, if the woman's dower is 3000 rials and the time period 30 days; and if the woman should separate from her husband after 20 days, her husband would reduce the dower by one-third. For example, if we are in doubt concerning the legality of a couple's marriage, we judge that it was legal. '29 If a contract should nevertheless be concluded, it is not permissible for the man to consummate the marriage, unless the marriage took place with the permission of her father-a condition almost impossible to imagine in Muslim society. He replied: 'It is permissible for you to hold back what you can [i.e., what you have not already given her]. the Ahlus Sunnah wal Jama’ah). Books on Islam, Muslims, Prophet Muhammad(s), Ahlul Bayt. Most of them have agreed that they are synonymous.9. Like permanent marriage, mut'a has 'pillars' and 'statutes'. It makes no difference if the period is extremely long, so that one doubts whether the parties will survive its duration; or if it is extremely short, so that there is no possibility of consummation. According to this principle, whenever we are in doubt concerning the correctness of the act of a Muslim, we preserve the social and legal order by judging that his act was correct. He poses the question: 'What is it that requires one-half of the dowers to be held back from the woman? The difference between the two does not lie in saying that one is an unconditional marriage and the other conditional. '58, However, if the woman should fail to provide the man with conjugal rights because of an excuse sanctioned by the sharia, such as menstruation or 'fear of an oppressor', then the dower may not be reduced. If the slave should belong to someone else, a mut'a cannot be contracted without her master's permission. Temporary marriage is called Mut'ah in Islam. If a man should contract a temporary marriage with a fornicatress, it is his duty to command her not to perform adultery. Note: All these sunni versions of temporary marriage are haraam by Shia standards. If the man has a free, permanent wife, he cannot contract a mut'a with a slave without his wife's permission. Mutʿah, (Arabic: “pleasure”) in Islamic law, a temporary marriage that is contracted for a limited or fixed period and involves the payment of money to the female partner. 1) Here is a hadith narrated by Imam Ali (A.s) which states that the Prophet made Mut'ah haram on the day of Khayber (Book of Tahdeeb: vol. The Formula. 'Giving back the time period' is equivalent to using it up completely. Muta', Temporary Marriage in Islamic Law. As in permanent … I seen many times when shia accused sahabe Asma bintu Abu Bakr, that she commited mutah. Shia ppl need 2 wittnesses aswell…. On the contrary, the purport of the hadith is that marriage with a stated period is mut’a, while marriage without a stated period is permanent marriage.40, There is no upper or lower limit to the duration of the time period. 40 talking about this. On the other hand, there is the question of what exactly necessitates that the dower be paid. In this respect the situation resembles the woman's 'giving back the dower' in permanent marriage. On the basis of this principle, one must dismiss the possibility that a potential wife might be unchaste, so it is unnecessary to ask her. Al-Muhaqqiq al-Hilli1 still employs the term 'discontinued marriage' in his writings,2 and hence his commentators use the same expression, although in sections of the statutes relating to this kind of marriage they also employ the terms istimta' and the related word tamattu'. Imam of Ahl as-Sunnah Waheed ad-Deen az-Zaman, in his footnotes of Sunan ibn Majah, defined Mut’ah as follows: Mut’ah is a type of Nikah until an agreed time. In fact, it is a point which causes many of them to doubt their faith, and rightfully so. The relationship between temporary and permanent marriage is similar.39, In Sharh al-Ium'a al-Shahid al Thani adds that the hadith which is quoted from the Imam Ja'far in support of the position of the majority of the 'ulama' does not state explicitly that the desire of the two parties to the contract is to conclude a marriage of mut'a, but then they fail to mention the time period. For the contract does not allow any further sexual acts, so the permission of the woman is immaterial, since it is not sufficient to override the stipulations of the contract and legitimize relations. 3. That the declaration should precede the acceptance is not a condition of the contract, since a contract consists of a declaration and an acceptance, in whatever order the two may occur. Even if it is defined as a 'rental', that also is different from an exchange. If someone makes an accusation against a woman, it is recommended that before concluding the contract of mut'a with her the man inquire from her about her situation, i.e., as to whether or not she has a husband and whether or not she is chaste. Islamic Law. In the question of mut'a this means that those who conclude the contract must be the man and woman themselves, or their representatives (wakil), or their fathers. If it has been consummated and then the husband returns some or all of the remaining time, the wife is entitled to the whole dower, since without question the dower becomes necessary as soon as consummation takes place.55, Whether the time period is given back with or without consummation, the wife's consent is unnecessary, since giving back the period is equivalent to the erasing of a debt owed by the woman.56, If of her own free will a woman who has concluded a contract of mut'a should separate from her husband before the end of the time period, whether before or after consummation, the man reduces the dower in proportion to the amount of time by which the time period of the mut'a has been reduced-provided, that is, that he has not already paid her the full dower.57. A Muslim woman cannot marry a non-Muslim. The Shia Ayatollahs slander the Prophet by arguing that he encouraged Mutah, whereas the Ahlus Sunnah valiantly rejects such blasphemy and adamantly holds that the Prophet categorically forbade Mutah. A man can conclude a contract of mut'a only with a Muslim or one of the 'People of the Book'. Add . In general the word mut'a was more commonly used than other terms for temporary marriage both during the lifetime of the Prophet and afterwards during the time of the Shi'i Imams and other Muslim leaders. In some works a special term is applied to women who participate in mut'a: musta'jara, or 'rented woman'. Should a contract be concluded without her permission it is invalid or in abeyance until she gives her permission.21 With these two exceptions, the relatives to whom marriage is not permitted are the same as in permanent marriage. We cannot say that the only difference between the two is that receiving a gift entails 'unconditional ownership' and purchasing entails 'ownership conditional on payment'. Prohibition of Mutah in Shia Text. It goes without saying that if the stipulated number of sexual acts is not performed by the end of the time period, the marriage still comes to an end.45. 251, rewaya 10). In this case, the man may not take back any of the dower under any circumstances; unless for some reason the contract should have been invalid from the beginning (see below). Apparently the ruling here is that a second temporary marriage would be permissible provided that the woman has enough time before the beginning of the first marriage to conclude a second marriage and then to observe her waiting period. The Arabic dictionaries define mut'a as 'enjoyment, pleasure, delight'. The most authoritative view holds that if the stipulated period is not mentioned in the text of the contract, the marriage cannot take place and the contract is invalid.36 The consensus of the community has established that one of the two pillars that differentiate mut'a from permanent marriage is mention of the time period; whenever this pillar is not present, everything that depends on it is invalidated. The contract must mention a dower of known property, whether in cash or kind, whose amount is safe from increase or decrease. And those who guard their private parts" (23:5). Muta marriage is valid type of marriage in Shia jurisprudence. 251, rewaya 10). But the contract itself establishes the permissibility of intercourse. Here there are two possibilities: that it is not permitted, because the woman already has a husband; or that it is permitted, because of the existence of all the 'requisites of a contract' and the absence of an impediment. These scholars argue that a marriage contract is concluded either for temporary or permanent marriage. Mutah is considered permissible in the Shia faith. A description of the legal situation of mut'a / mutah in Shi'ism and the origin of this divergence between Sunni and … In opposition to those who hold that a temporary marriage is transformed into a permanent marriage if the time period is not mentioned, al-Shaykh al-Ansari writes that temporary marriage and permanent marriage are two different realities. The normal trend is to dismiss these narrations which are never quoted in books that justify mutah. However, if the time period is mentioned along with the condition that the marriage will entail only a certain number of sexual acts, the contract is correct, Here the juridical principle that comes into play is enunciated in the Prophet's saying: 'The believers hold fast to their conditions [when they stipulate them in agreements]. It is not permissible to engage in temporary marriage with an unbeliever or an enemy of the Household of the Prophet (Ahlul Bayt, i.e., the Imams), such as a follower of the Khawarij. In the Muslim world, the concept is more well-known in the Shia sect, as they believe it is lawful and allowed. 7, pg. Another of the misunderstood practices of Shi’ism that has often been criticized, especially by some of the moderns, is temporary marriage or Mutah. The Verse of Mut’ah (4:24) The most important verse of the Holy Qur’an which establishes the legitimacy of Mut’ah is verse 24 of Surat an-Nisa, known to all hadeeth commentators (Sunni and Shi’a) as “the verse of Mut’ah.” This verse provides a clear and unshakeable permission for … If anyone other than the above persons should conclude the contract, it is 'uncommissioned' (fuduli) and therefore invalid. © Ahlul Bayt Digital Islamic Library Project 1995-2021. Comments on this journal. Shi'i jurisprudence discusses temporary marriage with all the care it bestows upon permanent marriage. The root form, m-t: signifies, 'to carry away, to take away'. In the Muslim world, the concept is more well-known in the Shia sect, as they believe it is lawful and allowed. Only a valid contract or the fact of intercourse warrants the dower's payment. It is a definitely established historical fact that at the beginning of Islam, namely between the commencement of the revelation and the migration of the Holy Prophet to Medina, Temporary marriage, called Mutah, was practiced by Muslims along with permanent marriage. Several hadith are recorded which establish this point without question.50, In a situation where a contract is concluded, but before the beginning of the time period the man decides not to go through with the marriage but to 'give back' to the woman the contracted time, she is entitled to one-half the dower. It must consist of one of three Arabic formulas, the same three which are employed by the Shi’a in permanent marriage. Otherwise we would also have to doubt the legitimacy of their children, the application of the laws of inheritance, etc. Introduction; Hence, for example, it is permissible for the father to say: 'I give my daughter in mut'a with her agreement.' The 'acceptance' is made by the man after the woman has made her declaration. - YouTube AI Tabataba'i argues that here the normal dower is compensation for 'mistaken intercourse'. No one would ever claim that when someone says: 'I have transferred ownership' and forgets to mention a price, the purchase is immediately transformed into a gift. A man is not permitted to marry the daughter of his sister-in-law or brother-in-law without his wife's permission. This is a brief introduction to Mutah in Islam. A woman cannot enter into Mut’ah marriage, till the time she has become pure by observing the ‘iddah (waiting period) from her earlier husband. Nikah mut'ah, a temporary marriage in some branches of Shia Islam; Mu'tah, a town in Jordan and site of: . The Shi’a hold that this particular term is the preferred name for temporary marriage because the Qur'an itself refers to this kind of marriage employing a term derived from the same root. Shia Mutah Kiyon Karte Hain-Urdu Book Abdul Kareem Mushtaq - Hum Muta Kiyon Kerte Hain Here is an unbiased debate on 'Muta' from ARY Digital. Salam alaikum. The contract of mut'a is not simply an exchange of goods, but a marriage. In Wasa'il al-shi'a, the comprehensive and definitive reference work for Shi'i hadith concerning all branches of jurisprudence, the word mut'a is employed in the headings of all sections on temporary marriage. Since the contract is invalid, the 'specified dower' is nullified; hence the normal dower must be paid.60. The Essence Of This Marriage From Chapter 4: The Marriage Of Mutah from the book Questions On Jurisprudence (Masa'il Fiqhiyya) by 'Abd al-Husayn Sharaf al-Din al-Musawi. For example, a man once said to the Imam Ja'far: 'I married a woman temporarily, and then it came to my mind that she might already have a husband. It is recommended that a Muslim man conclude a temporary marriage only with a chaste Muslim woman. It is not permissible for the parties to stipulate in the contract 'one act of intercourse' or the like without mentioning a time period, since such an expression cannot take the place of a stipulated period of time. Is the man allowed to have intercourse or not? According to the first interpretation, the wife must receive the whole dower; but according to the second, she is only entitled to one-half of it, He concludes that the second interpretation would seem to be the correct one, so long as we accept the authenticity of the hadith attributed to the Imam al-Hasan: When asked about a man who gave the remaining time period back to his temporary wife before the consummation of the marriage, he replied in a general sense, 'The woman must return one-half the dower to the man.'54. .....'19. In this case they are denying what Imam Ali has said - Mutah is forbidden! In the following verse, the word istimta', the tenth verbal form of the root m-t-', is translated as 'enjoy': 'So those of them [women] whom you enjoy, give to them their appointed wages' (4:24). َلَاق. Book: Shia, Author: 'Allamah Tabatabai & Seyyed Hossein Nasr, Original publisher: ?, From pp.? Shia sources against mutah 1) Ali stated that the Prophet made Mut'ah haram on the day of Khayber (Book of Tahdeeb: vol. Mutah is a touchy subject because not only is it unusual, it has also been distorted and misused throughout the years. This 'marriage of mut'a' is referred to both in the hadith literature and, in much more detail, in the books on jurisprudence (fiqh). Mutah is also called pleasure marriage and seems very attractive to those who believe in sexual pleasure. The Hadith Transmitted by the Companions, The Opinions of The Four Sunny Schools of Law. In other words, any time period is permissible, so long as both sides are aware of the situation and are satisfied.41, Once the contract is concluded the wife receives the whole dowry, whether or not the husband consummates the marriage before the time period expires. Mutah Or Temporary MarriageAppendix from the book Shia by 'Allamah Tabatabai and Sayyed Hossein Nasr. 3, pg. They hold that the normal dower is the same as for permanent marriage. However, when the concept was first introduced, all Muslim sources show concurrence. Since it is a contract, mut'a requires a declaration and an acceptance. Shocking also is how mutah was forged into early Shia literature. All rules of permanent marriage are applied in temporary marriage unless few like a limited time is agreed, the children is for father, the child does not have heir. The following are Shia Hadith from the most important of the four Shia books of Hadith, Al-Kafi. More specifically, the adjective denotes a woman who has observed the shar'i laws concerning marriage and in general is honest and upright. The Al-Islam.org site and the DILP are entirely supported by individual donors and well wishers. Shia Pen is a volunteer project and is not linked or affiliated with any kind of organisation. 7, pg. The Imam said: 'And why did you investigate?'27. Or does the problem revolve around whether or not the marriage was consummated?'. For example, if the man should state that the contract will be for one month but fail to stipulate exactly when that month is to begin, the contract is invalid because the time is not stated. Mutah is Arabic word which means “enjoyment” or “pleasure.” It refers to the Shia belief in “temporary marriage” in which a man pays a woman and it becomes permissible for the man to have sexual relations with her for a fixed period of time. If the marriage has been consummated and the woman was aware of the contract's invalidity, she can have no claim to a dower, since she is a fornicatress, and there is no dower for fornication. In the view of most of the 'ulama', if such a contract were to be concluded, it would not be transformed into that of a permanent marriage, since the time period has been mentioned incorrectly. Mutʿah is referred to in the Qurʾān (Muslim scriptures) in these words: Partners who engage in mutʿah must do so freely and
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