Muta’h Marriage


Introduction:

All praise be to Allah, peace and blessings be upon the Seal of the Prophets, Muhammad, and upon his family and Sahabah (Companions). To proceed:

It is proven beyond doubt that the Prophet (peace be upon him) said that Mut`ah marriage (temporary marriage for a stipulated period) is permissible. Then, it was completely prohibited till the Day of Judgment. Everyone, except for the Shiites, agree on this issue, which almost enjoy consensus of scholars. The following are just a few:

1- Abu `Ubayd said: “Today Muslims are unanimous that Mut`ah marriage has been Mansukh (abrogated) with Tahrim (prohibition); the Qur’an and Sunnah (whatever is reported from the Prophet) abrogated it. This is the view of all the scholars of the people of Al-Hijaz, the Levant and Iraq, both As-hab-ul-Ra’y (scholars, especially the Hanafys, who exercised personal reasoning to reach judgments in the absence of clear texts) and As-hab-ul-Athar (scholars who depend on reports from the Prophet and his Companions), and no Rukhsah (concession) has been issued to anyone whether he is in dire need of this or to anybody else.”

2: Imam Abu Ja`far Ahmad ibn Muhammad ibn Isma`il, known as Abu Ja`far Al-Nahhas stated in his book Al-Nasikh wa al-Mansukh fi al-Qur’an (The Abrogating and the Abrogated Texts in the Qur’an): “The unanimous view is that Mut`ah is Haram (prohibited) according to the Book of Allah (Exalted be He), the Sunnah of the Messenger of Allah (peace be upon him), the reports of the Rightly-Guided Caliphs, and `Aly Ibn Abu Talib (may Allah be pleased with him) who reproached Ibn ‘Abbas from allowing it, saying: ‘You are a stray man, the Prophet (peace be upon him) has forbidden Mut`ah marriage.’ He continued to say: “There is no difference among the scholars about the authenticity of the Sanad (chain of narrators) narrated by `Aly Ibn Abu Talib (may Allah be pleased with him), his way, and his report he narrated that the Messenger of Allah (peace be upon him) prohibited Mut`ah.” We will mention this with its chain of narrators when discussing the matter. Then he said: “He read that Ahmad ibn Muhammad Al-Azdy narrated that Ibrahim Ibn Dawud said that `Abdullah ibn Muhammad ibn Asma’ said that Juwayriyah informed them that Malik Ibn Anas narrated that Al-Zuhry said that `Abdullah ibn Muhammad ibn `Aly ibn Abu Talib (may Allah be pleased with him), and Al-Hasan ibn Muhammad reported that their father heard that `Aly Ibn Abu Talib (may Allah be pleased with him) said to Ibn `Abbas: “You are a stray man” the Messenger of Allah (peace be upon him) forbade Mut`ah. Abu Ja`far said: “This Hadith has chains of narrators of which we chose this, due to its authenticity and the respectable status of Juwayriyah, and because Ibn `Abbas when he was confronted by `Aly (may Allah be pleased with him) about this matter, did not argue, and therefore, the prohibition of Mut`ah was unanimous; because those who permit it depend on Ibn `Abbas.”

3- Al-Tahawy said in his book Sharh Ma`any al-Aathar, vol. 3, p. 27, that `Umar Ibn Al-Khattab (may Allah be pleased with him) forbade Mut`ah marriage, adding: “`Umar (may Allah be pleased with him) forbade Mut`ah marriage in the presence of the Sahabah (Companions) of the Messenger of Allah (peace be upon him) and none of them rejected this or claimed it to be Munkar (that which is unacceptable or disapproved of by Shari`ah and Muslims of sound intellect), and this is evidence that they followed him in what he forbade, and their consensus on this prohibition is evidence of its Naskh (abrogation).”

4- Al-Baghawy said in his book Sharh al-Sunnah, p. 100: “The scholars agreed on the prohibition of Mut`ah marriage, and it is like Ijma` (consensus of scholars). It was reported that Ibn `Abbas had given permission to whoever was in bad need of it because of the long stay abroad, and then he backtracked on his opinion after he was informed of this prohibition.”

5- Al-Hafizh Abu Bakr Muhammad ibn Musa Al-Hazimy said in his book Al-Nasikh wa al-Mansukh min Al-Aathar, p. 138, narrated on the authority of Al-Shafi`y that he said that Sufyan informed us that Isma`il ibn Abu Khalid narrated from Qays ibn Abu Hazim said: “I heard Ibn Mas`ud saying: We were in a battle with the Messenger of Allah (peace be upon him) and we had no women with us. Shall we get ourselves castrated? But the Messenger of Allah (peace be upon him) forbade us from doing so, and then allowed us to marry women with a temporary contract (Mut`ah). He said after he reported it that this is Hasan Sahih (a Hadith whose Sanad contains a narrator with weak exactitude, but is free from eccentricity or blemish.), and this ruling was lawfully permitted in the early Islamic period. The Prophet (peace be upon him) permitted it for them for the reason which was mentioned by Ibn Mas`ud. This was the case when they were traveling, but it was never mentioned that the Prophet (peace be upon him) permitted it while they were residing in their own homes, and for this reason the Prophet (peace be upon him) forbade them from doing this more than once, and permitted them to do this at different times, until he prohibited them from doing this toward the end of his days (peace be upon him) during his farewell Hajj (pilgrimage). This prohibition was permanent, not temporary. There is no dispute on this matter among the scholars of Fiqh (Islamic jurisprudence) and the Imams of the Ummah (nation), except by some of the Shiites as well as reports by Ibn Jurayj who believed it was permissible.”

6- Imam Muhammad ibn `Aly Al-Shawkany said in his book Al-Sayl al-Jarrar Al-Mutadafiq `Ala Hada’iq Al-Azhar: “Be informed that marriage sanctioned by the Shari`ah (Islamic law) is that which is concluded by the Waliy (a legally accountable person acting for a woman regarding marriage) for the women. The Shari`ah stresses this condition that it renders the marriage, which is concluded without a Waliy, as Batil (null/void) and (the Prophet) repeated this three times. Therefore the marriage sanctioned by the Shari`ah is that which necessitates the testimony of witnesses. This is confirmed in Prophetic Hadith. The (legal) marriage is that which leads to inheritance, confirms linage, and can result in divorce and `Iddah (woman’s prescribed waiting period after divorce or widowhood). Knowing this, Mut`ah marriage is unlawful. It was permitted for those in travel if they were in dire need of it. There is no doubt about that. There is also no doubt about the Hadith which prohibits it until the Day of Judgment. No argument or opposition should arise after this elaboration. Some may argue that some the Sahabah (Prophet’s Companions) did Mut`ah marriage after the death of the Prophet (peace be upon him), but this was not Bid`ah (rejected innovation in religion), because the ruling of its prohibition was unknown to some of them. That is why `Umar stated it is prohibited and linked it to the prohibition of the Prophet (peace be upon him) when he was informed that some of the Companions concluded Mut`ah marriage. This argument should be based on what was said by the Prophet (peace be upon him), not the action of one or more of the Companions. The argument that the permission is permanent and the prohibition is temporary is unacceptable, because abrogation is for what is what is permanent not what was done in the past. It is insensible to say that abrogation was meant for what had been done or that it is no more valid. All Muslims, except the Shiites, have agreed on the prohibition of Mut`ah marriage. In fact, the Shiite arguments need not to be rejected nor they can affect the consensus of Muslim scholars, because they mostly oppose the Qur’an, the Sunnah and the consensus of the Muslim scholars. Ibn Al-Mundhir said:

“The scholars are consensus that it is prohibited, except the Shiites.” Ibn Battal said: “They are now consensus that whenever it, i.e. Mut`ah marriage, occurs it is null and void, whether before or after consummation.” Al-Khattaby said: “The prohibition of Mut`ah marriage is unanimous, except among some of the Shiites.” .

There are many accounts of the scholars that reported this consensus (on the prohibition of Mut`ah marriage), except for the Shiites, or near consensus. After this detailed discussion, we find that those who agree on Mut`ah marriage have made some points that must be refuted and answered, and therefore we did. May Allah grant us success.

Source: Fatwas of Ibn Baz/

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