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waseem

UNITED KINGDOM
Topic initiated on Wednesday, March 14, 2007  -  9:19 AM Reply with quote
Mutah or temporary marriges


Can I ask my learned participant's views on mutah.

1. Was mutah practiced in the time of prophet pbuh?

2. Was mutah allowed legally in the time of prophet pbuh?

3. Was mutah prohibited by Hazrat Umar rta?

4. Is mutah still practiced in Islamic coubteries?

5. Is mutah legal?
hkhan

UNITED KINGDOM
Posted - Friday, March 16, 2007  -  3:36 PM Reply with quote
thnx for bringing up an imp topic dr.waseem. i'll leave it for discussion amongst yourself and the forum participants 'cause i trust you have enough knowledge on this issue.

for the participants, as per my limited knowledge there is no place of mutah in islam; there are details available about this in lectures on almawrid's websites and publications.
a few mislead interpretations of the traditions related to the beloved sws have caused confusions about this.
waseem

UNITED KINGDOM
Posted - Saturday, March 17, 2007  -  7:08 AM Reply with quote
Nikah Mut‘ah:

According to shiat Scholars, Nikah Mut'ah is one of two marriage forms that is authorised in the Qur'an. The other form is called simply Nikah, hence Nikah Mut'ah is popularly shortened to simply "Mut'ah".

Nikāḥu’l-Mut‘ah , Nikah el Mut'a (Arabic: نكاح المتعة‎, also Nikah Mut‘ah literally, marriage for pleasure) is a fixed-time marriage which, according to the Usuli Shia schools of Shari‘a (Islamic law), is a marriage with a preset duration, after which the marriage is automatically dissolved. It is the second form of marriage, described in the Qur'an (4:24).


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 iddah (a waiting period) before she can marry anyone else.

Nikahu’l-Mut‘ah is considered mustahab (recommended) by the Shia. The Shia also regard it as mustahab (recommended) to extend the marriage or to transform it into a permanent one.


Initial Practice:

There is a consensus among Shi'a and Sunni scholars that Nikah Mut'ah was lawful during Muhammad's era. However, there is a small disagreement on how long these periods were, how frequent, or if they were legal all the time. In either case, all scholars agree based on the hadith that Muhammad even told people to engage in the temporary marriage, something to Shi'a is notable, since Muhammad never told people to drink alcohol, thus arguing that the marriage form cannot be deemed immoral.

* Al-Qurtubi, a 13th century Sunni Islamic scholar writes:
"All the early scholars have no disputes that Mut'ah is Nikah for a set period of time, this Nikah has no inheritance and man and woman separate when the time expires."

Prohibition by Muhammad:

There is a total of seven ahadiths that state that Nikah Mut'a was abrogated. These seven ahadiths each narrate their own occasion, thus resulting in seven different times when it is supposed to have been abrogated.

Most Sunni scholars disregard most of this occasions, and argue that it was forbidden in three, two or at only one time. Yet other Sunni scholars argue that they are all fabricated and that Umar was the first one to forbid it, but that he was entitled to do so, since Muhammad had ordered the Muslims to follow the Sunnah of the Rashidun. Shi'a take the stance of those Sunni scholars, but do not accept that Muhammad had ordered to follow the Sunnah of the Rashidun, referring to the Hadith of the two weighty things.
waseem

UNITED KINGDOM
Posted - Saturday, March 17, 2007  -  7:09 AM Reply with quote
In Egypt they call it Al-zawaj al-urfi and in the GCC they call it Nikah Misyar, including in the Saudi Arabia, in the basin of Whahabism.

Nikah Misyar:

Nikah Misyar or "travellers' marriage" (Arabic: نكاح المسيار‎) is the Sunni Muslim Nikah (marriage) contract carried out via the normal contractual procedure, with a negotiated understanding between the couple that the husband is not obliged to fulfill his usual financial commitments, and the wife lives a separate or independent life also free from her marital commitments. The couple continue to live separately from each other, as before their contract, and see each other to fulfill their needs in a halaal manner when they please.

Essentially the wife gives up some of her rights, such as; living with the husband, equal division of nights between wives in cases of polygamy, rights to housing, and maintenance money ("nafaqa"), while the husband also gives up his normal marital rights.


Background and Causes:

The misyar marriage represents, according to some, an adaptation of the needs of people who are not able to marry in the traditional way, in countries such as Saudi Arabia, Kuwait or the United Arab Emirates. This is usually due to the cost of rents; the high cost of living in general; the high amounts of dowry required; and other similar economic and financial concerns.

The Sheikh of Al-Azhar Muhammad Sayid Tantawi and the well-known theologian Yusuf Al-Qaradawi note in their writings and in their lectures, that a major proportion of the men who take a spouse in the framework of the misyar marriage are already married men.

Islamic lawyers argue that it fits the needs of a conservative society which punishes “zina” (fornication) and other sexual relationships which are established outside a marriage contract. Islamic lawyers explain that it can be ideal for young people whose resources are too limited to settle down in a separate home; for divorcees, widows or widowers, who have their own residence and their own financial resources but cannot, or do not want to marry again according to the usual formula; and for slightly elder people who have not tasted the joys of marriage. Thus this is argued as a solution for the million and half women who are reduced to a situation of forced celibacy in Saudi Arabia alone.


Misyar Marriage in Practice:

The practice of Misyar marriage is sometimes different from the reasons Islamic lawyers give for this institution.

Wealthy Kuwaiti and Saudi men sometimes enter into a Misyar marriage while on vacation, this allows them to have sexual relations with another woman without committing the sin of zina, they usually divorce the women once their holiday is over, although if this is understood by both parties this would constitute a fixed time period, effectively making such a marriage invalid in Sunni law, and more akin to the Shia Mut'ah marriage. They travel to poorer countries, such as Egypt or Syria, and meet middlemen who arrange a marriage for them. Some men arrange Misyar marriages online. These men pay the girl's family some money; families agree to the arrangement because of poverty, hope their girl will have fun, and visit places that she can only dream about. They also hope for gifts at the end of the marriage that the rich husband will give her. Sometimes the husband keeps the wife for his next vacation and sends her money in the interim period. Many wives hope to win the love of their husbands so that they may live with them permanently. Since the wife knows that she will most likely be divorced, most misyar wives do their best to prevent pregnancy.

Some Egyptian men working in the Gulf countries prefer to engage in the misyar marriage rather than live alone for years. Many of them are actually already married with wives and children in their home country, but they cannot bring them.

A reporter in Jeddah reported that some marriage officials say 7 out of 10 marriage contracts they conduct are misyar, and in some cases are asked to recommend prospective misyar partners. Most of the women opting for misyar either are divorced, widowed or older than what is desired by many.


Criticism of Misyar:

Islamic scholars like Ibn Uthaimeen or Al-Albani claim that misyar marriage may be legal, but not moral, or agreeable. They argue that the wife can at any time, reclaim the rights which she gave up at the time of contract. They are opposed to this type of marriage because it contradicts the spirit of the Islamic law of marriage and argue it has perverse effects on the woman, the family and the community in general.

Critics argue that many men would not marry a second wife within the regime of normal Islamic polygamy, because of the heavy financial burdens, moral obligations & responsibilities it places on the husband, so opt for the easy option of misyar marriage.

Critics also argue that this type of marriage usually ends up in divorce eventually. As a result the wife finds herself abandoned, to lead a solitary life as before the marriage, but traumatized by the experience, while her social status and reputation degraded.
__________________
Rakhtal

PAKISTAN
Posted - Saturday, May 26, 2007  -  4:14 PM Reply with quote
Abu Dawud: Book 005, Hadith Number 2068.
------------------------------
Narated By Saburah ibn Ma'bad al-Juhani: The Apostle of Allah (pbuh) prohibited temporary marriage with women.

Shahi Muslim: Book 008, Hadith Number 3247.
------------------------------
Salama b. al-Akwa' and Jabir b. Abdullah reported: Allah's Messenger (may peace be upon him) came to us and permitted us to contract temporary marriage.

After looking at the two frank opposing hadith which one would the Muslims like to choose???

Follow only Qura’n.
rishadrizvi

INDIA
Posted - Saturday, May 26, 2007  -  11:39 PM Reply with quote
Brother Waseem,
I had read About Mutah..and also know that it is prohibited in islam.
But the custom of Misyar Marriage is new!
what I gather about it, is that, it is some shabby attempt to legalise a local form of prostitution by giving it Islamic Twist!
"Sinless and Guiltless fun guaranteed"
Brother Rakhtal correctly points out...when in doubt, refer to AL QUR"AN.
You will find that the whole Misyar Marriage system is Far from Islamic and also Against the very Nature and spirit of Islam.
rishadrizvi

INDIA
Posted - Sunday, May 27, 2007  -  9:22 AM Reply with quote
Waseem Sahib,
ASAK,
Pls explain 4:24 in detail. my translation Abdullah yusuf ali does not state as you say.
hkhan

UNITED KINGDOM
Posted - Monday, May 28, 2007  -  11:09 PM Reply with quote
rakhtal re: your hadith ref. p.s. what was written; vide supra:

a few mislead interpretations of the traditions related to the beloved sws have caused confusions about this.

this is why this site stresses on the study of the sciences of hadith literature in order to distinguish the right from the wrong; and also on the fact that hadith literature cannot be the source of deen/islam.

the sources of islam are Qur'an and the sunnah/practices of all the prophets sent for guidance-their teachings ratified by the last prophet Muhammad sws/pbuh.

dr waseem has explained the issue well.
rishadrizvi

INDIA
Posted - Sunday, June 03, 2007  -  11:57 AM Reply with quote
Quote Dr Waseem:
"It is the second form of marriage, described in the Qur'an (4:24)."
I don't think 4:24 describes Temporary marriage.. Pls read it in continuation with the Ayat above.

Quote Dr Khan:
"Dr Waseem has Explained well."
Mutah and Misyar has been explained well. But what I feel That 4:24 is out of place.
Dr Rishad
waseem

UNITED KINGDOM
Posted - Sunday, June 03, 2007  -  1:40 PM Reply with quote
According to shiat Scholars, Nikah Mut'ah is one of two marriage forms that is authorised in the Qur'an. The other form is called simply Nikah, hence Nikah Mut'ah is popularly shortened to simply "Mut'ah".

Nikāḥu’l-Mut‘ah , Nikah el Mut'a (Arabic: نكاح المتعة‎, also Nikah Mut‘ah literally, marriage for pleasure) is a fixed-time marriage which, according to the Usuli Shia schools of Shari‘a (Islamic law), is a marriage with a preset duration, after which the marriage is automatically dissolved. It is the second form of marriage, described in the Qur'an (4:24).

Salam brother

The view quoted is according to the shiat scholars and this is how they claim that mutah is legal. this is not how I interpret 4;24. In my opinion Mutah is illegal and not permitted by Islam. I was trying to highlight the different views about mutah and not my personal view on it
waseem

UNITED KINGDOM
Posted - Sunday, June 03, 2007  -  1:43 PM Reply with quote
view about Islam from Understanding Islam web site

Mut`ah" refers to temporary marriage.

There is some scattered evidence in the books of the history and the cultural traditions of the Arabs that in certain situations, a temporary marital relationship between a man and a woman was considered to be acceptable among the pre-Islamic Arabs. There are certain narratives (hadith) that imply that for sometime, even the Prophet (pbuh) did not prohibit such a relationship. On the other hand, certain other narratives are held as evidence to the fact that the Prophet (pbuh) did not prohibit such a relationship at all, it was prohibited, later on - after the death of the Prophet - by the second caliph, `Umar ibn al-Khattab (ra).

The Qur'an does not support this view. According to the very initial Surahs (chapters) of the Qur'an , like Surah Al-Muminoon and Surah Al-Ma`arij the Qur'an has specifically disallowed all sexual relationships, besides those, which are based on Nikah or those which were between a master and his slave girl[1]. The Qur'an says:

And those who guard their chastity, except with their wives and their slave girls - for they are not to be blamed. But those who trespass beyond this [limit] are the ones who are transgressors. (Al-Ma`arij 70: 29 - 31)

It must be kept in mind that a Mut`ah relationship makes a woman neither a wife nor a slave girl of a person, whereas the Qur'an specifically restricts sexual relationships of a person with his wife and his slave girls only. It should also be noticed that the particular word used by the Qur'an in the referred verse, which is translated as "wives" is "azwaj" plural of "zaujah". In the Arabic language, a woman with whom a person enters into a contract of Mut`ah is called the "Mamtu`ah" of the person, she is not referred to as the "zaujah" (wife) of the person. The verse, therefore, is evidence to the fact that no other relationship besides the one based on Nikah was allowed by Islam.
aboosait

INDIA
Posted - Monday, June 04, 2007  -  8:08 AM Reply with quote
Dr.Waseem wrote:

quote:

Nikah Misyar or "travellers' marriage"

...................Islamic lawyers argue that it fits the needs ..................contract.

..................Islamic lawyers explain that ............

But the question is regarding its permissibility as per the Qur'an and the Sunnah and not the opinion of lawyers.
quote:

Wealthy Kuwaiti and Saudi men sometimes enter into a Misyar marriage while on vacation,...................
Any proof for this allegation you have made on "Kuwaiti and Saudi men"?
quote:

Islamic scholars like Ibn Uthaimeen or Al-Albani claim that misyar marriage may be legal,..................

Any proof?
Text
aboosait

INDIA
Posted - Monday, June 04, 2007  -  9:21 AM Reply with quote
quote:

Topic initiated by waseem
UNITED KINGDOM on Wednesday, March 14, 2007 - 9:19 AM Can I ask my learned participant's views on mutah.

Assalamu Alaikum.

I shall try to furnish answers to the questions one by one Insha Allah.

quote:

1. Was mutah practiced in the time of prophet pbuh?

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.

quote:

2. Was mutah allowed legally in the time of prophet pbuh?

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.

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]

quote:

3. Was mutah prohibited by Hazrat Umar rta?

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.

Hence the claim that Umar Ibnul Khattab (r.a.a.). was the person who first forbade it when he was Caliph is false and fabricated.

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 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]

'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.

quote:

4. Is mutah still practiced in Islamic coubteries?

To me this question seems irrelevant and immaterial.

quote:

5. Is mutah legal?

The prohibition has also 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.

For further details please visit:
http://www.ahya.org/amm/modules.php?name=Sections&op=viewarticle&artid=74
rishadrizvi

INDIA
Posted - Tuesday, June 05, 2007  -  9:36 AM Reply with quote
Dear Brothers,
As-Salaam-Alaikum,
We all agree that Mutah was a pre-Islamic Custom.I would like to make a few points here which should clearly end any controversies or doubts regarding this subect.

1.Quran shows us the right path to conduct ourselves in the matters of marriage.
2.The teachings of Quran automatically prohibit any method of marriage other than that mentioned in Quran!


So its pointless getting into a debate whether Rasoolallah(PBUH) banned it first or Hazrat Umar(R.A) later.

Quran does not permit Mutah or Any other Form of Debauchery.
Period!


Wassalaam
usmani790

PAKISTAN
Posted - Tuesday, June 05, 2007  -  10:28 AM Reply with quote
Brother abusait has explained this issue well.

Do you think that sayings of Prophet(pbuh) has no place in Islam?
rishadrizvi

INDIA
Posted - Tuesday, June 05, 2007  -  11:54 AM Reply with quote
Usmaani Bhai!
As-Salaam-Alaikum!

No doubt Brother Aboosait has explained the Issue very well. Alhamdolillah! May Allah Be Pleased With Him! And Give More Strength to his Pen! AMEEN!

Quote:-------------------------------
Do you think that sayings of Prophet(pbuh) has no place in Islam?
Usmani790.
--------------------------------------
Brother,

Please read my post carefully!

What I say And Mean is that: when a thing is clearly and simply stated and explained in Quraan then is any other evidence or statement required to believe it or implement it!!??(or the word of Quran is the Law and Final!?)?
Usmani Bhai.....?????

Quran prohibits imbibing alcohol. Now does the believer refrain from imbibing immidiately on seeing it in Quran or wait for someone to dig up ahadith or a statement from a Sahabah to reconfirm it???

Nowhere have I stated or even insinuated that sayings of our beloved Prophet have no place in Islam!!

Dr Rishad

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