{"fatawa":{"id":11165,"title":"Mut\u2019ah marriage and refutation of those Raafidis who permit it ","slug":"mutah-marriage-and-refutation-of-those-raafidis-who-permit-it","order":"","question":"<p>Could you please tell if there is such a concept as 'temporary  marriages'in islam. I would like to know because a friend of mine has  read a book by professor Abui Qasim Gourgi and is under the impression  that if they are already married it is okay for them to do muta(the name  for a temporary marriage according to islamic shariah). His definition  for a temporary marriage is that if you like someone it is okay for you  to have your nikah read with them for a short period of time. Please  could you tell me more about the issue of muta and which schools of  thought believe in such an idea (could you support your answer using  references from ahadith and quran).<\/p>","answer":"<div class=\"list-group-item-text ftwa-single-answer font-nrmal\"><span class=\"line_height\"> Praise be to Allaah.        &nbsp;\r\n<p>Mut&rsquo;ah or temporary marriage refers to when a      man marries a woman for a specific length of time in return for a particular amount of money.&nbsp;<\/p>\r\n<p>The basic principle concerning marriage is      that it should be ongoing and permanent. Temporary marriage &ndash; i.e.,  mut&rsquo;ah marriage &ndash; was permitted at the beginning of Islam, then it was      abrogated and became haraam until the Day of Judgement.&nbsp;<\/p>\r\n<p>It was narrated from &lsquo;Ali (may Allaah be      pleased with him) that the Messenger of Allaah  (peace and blessings  of Allaah be upon him) forbade mut&rsquo;ah marriage and the meat of domestic       donkeys at the time of Khaybar. According to another report, he  forbade mut&rsquo;ah marriage at the time of Khaybar and he forbade the meat  of tame      donkeys.<\/p>\r\n<p>Narrated by al-Bukhaari, 3979; Muslim, 1407.&nbsp;<\/p>\r\n<p>It was narrated from al-Rabee&rsquo; ibn Sabrah      al-Juhani that his father told him that he was with the Messenger of  Allaah  (peace and blessings of Allaah be upon him) who said, &ldquo;O  people,      I used to allow you to engage in mut&rsquo;ah marriages, but now Allaah  has forbidden that until the Day of Resurrection, so whoever has any  wives in a      mut&rsquo;ah marriage, he should let her go and do not take anything of  the (money) you have given them.&rdquo;<\/p>\r\n<p>Narrated by Muslim, 1406.&nbsp;<\/p>\r\n<p>Allaah has made marriage one of His signs      which calls us to think and ponder. He has created love and  compassion between the spouses, and has made the wife a source of  tranquility for the      husband. He encouraged us to have children and decreed that a woman  should wait out the &lsquo;iddah period and may inherit. None of that exists  in this      haraam form of marriage.&nbsp;<\/p>\r\n<p>A woman who is married in a mut&rsquo;ah marriage,      according to the Raafidis &ndash; i.e. the Shi&rsquo;ah, who are the ones who  say that this is permissible &ndash; is neither a wife nor a concubine. But  Allaah      says (interpretation of the meaning):&nbsp;<\/p>\r\n<p><em>&ldquo;And those who guard their chastity (i.e.      private parts, from illegal sexual acts)<\/em><\/p>\r\n<p><em>Except from their wives or (the slaves)      that their right hands possess, <\/em><em> for then, they are free from blame;<\/em><\/p>\r\n<p><em>But whoever seeks beyond that, then those      are the transgressors&rdquo;<\/em><\/p>\r\n<p><em>[al-Mu&rsquo;minoon 23:5-7]<\/em>&nbsp;<\/p>\r\n<p>The Raafidis quote invalid evidence to support their argument that mut&rsquo;ah is permissible. For      example:&nbsp;<\/p>\r\n<p>(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;      They quote the verse in which Allaah says (interpretation of the meaning):&nbsp;<\/p>\r\n<p><em>&ldquo;&hellip;so with those of whom you have enjoyed      sexual relations, give them their Mahr as prescribed&hellip;&rdquo;<\/em><\/p>\r\n<p><em>[al-Nisa&rsquo; 4:24]<\/em>&nbsp;<\/p>\r\n<p>They say: this verse indicates that mut&rsquo;ah is      permissible, and the word &lsquo;their mahr (ujoorahunna &ndash; lit. their dues  or their wages)&rsquo; is evidence that what is meant by the phrase &lsquo;you have       enjoyed sexual relations&rsquo; is mut&rsquo;ah.&nbsp;<\/p>\r\n<p>The refutation of this is the fact that prior      to this Allaah 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.&nbsp;<\/p>\r\n<p>The joy of marriage is expressed here by the      word enjoyment (&lsquo;<em>of whom you have enjoyed sexual relations<\/em>&rsquo;).  A similar instance occurs in the      Sunnah, in the hadeeth of Abu Hurayrah according to which the  Messenger of Allaah  (peace and blessings of Allaah be upon him) said:  &ldquo;Woman is      like a bent rib, if you try to straighten her you will break her. If  you want to enjoy her, then enjoy her while she still has some  crookedness in      her.&rdquo;<\/p>\r\n<p>Narrated by al-Bukhaari, 4889; Muslim, 1468.&nbsp;<\/p>\r\n<p>The mahr is referred to here as <em>ajr<\/em> (lit. dues or wages), but this does not refer to the money which is  paid to the woman with whom he engages in mut&rsquo;ah in the contract of  mut&rsquo;ah.      The mahr is referred to as <em>ajr<\/em> elsewhere in the Book of Allaah, where Allaah says (interpretation of the meaning):&nbsp;<\/p>\r\n<p><em>&ldquo;O Prophet (Muhammad)! Verily, We have      made lawful to you your wives, to whom you have paid their Mahr  (bridal\u2011money given by the husband to his wife at the time of  marriage)&hellip;&rdquo;<\/em><\/p>\r\n<p><em>[al-Ahzaab 33:50]<\/em>&nbsp;<\/p>\r\n<p>Thus it becomes clear that there is no      evidence in this verse to suggest that mut&rsquo;ah is permissible.&nbsp;<\/p>\r\n<p>Even if we were to say for argument&rsquo;s sake      that this verse indicates that mut&rsquo;ah is permitted, we would still  say that it is abrogated by the reports in the saheeh Sunnah which prove  that      mut&rsquo;ah is forbidden until the Day of Resurrection.&nbsp;<\/p>\r\n<p>(b)&nbsp;&nbsp;&nbsp;&nbsp;      The reports that some of the Sahaabah regarded it as being permissible, especially Ibn &lsquo;Abbaas.&nbsp;<\/p>\r\n<p>The refutation here is the fact that the      Raafidis are following their own whims and desires, because they  regard the companions of the Prophet (may Allaah be pleased with them)  as      kaafirs, then you see them quoting their actions as permissible in  this instance and in others.&nbsp;<\/p>\r\n<p>With regard to those who said that it is      permissible, they are among those who did not hear that it had been  forbidden. The Sahaabah (may Allaah be pleased with them) &ndash; including  &lsquo;Ali ibn      Abi Taalib and &lsquo;Abd-Allaah ibn al-Zubayr &ndash; refuted Ibn &lsquo;Abbaas&rsquo;s  view that mut&rsquo;ah was permitted.&nbsp;<\/p>\r\n<p>It was narrated from &lsquo;Ali that he heard Ibn      &lsquo;Abbaas permitting mut&rsquo;ah marriage, and he said, &ldquo;Wait a minute, O  Ibn &lsquo;Abbaas, for the Messenger of Allaah  (peace and blessings of Allaah  be      upon him) forbade it on the day of Khaybar and (he also forbade) the  meat of tame donkeys.&rdquo;<\/p>\r\n<p>Narrated by Muslim, 1407.&nbsp;<\/p>\r\n<p>For more information see Questions no.     <a href=\"http:\/\/islamqa.info\/en\/1373\">1373<\/a>, <a href=\"http:\/\/islamqa.info\/en\/2377\">2377<\/a>,     <a href=\"http:\/\/islamqa.info\/en\/6595\">6595<\/a>.&nbsp;<\/p>\r\n<p>And Allaah knows best.<\/p>\r\n<\/span><\/div>\r\n<div style=\"padding: 3px; padding-right: 6px; text-align: right;\">Islam Q&amp;A<\/div>","status":1,"created_at":"2015-04-12T20:51:59.000000Z","updated_at":"2015-04-12T20:51:59.000000Z","language_id":1,"fatawacate_id":43,"parent_id":11164,"author_id":"","books":[],"articles":[],"videos":[],"audios":[],"author_name":"","category_name":"\u0627\u0644\u0623\u0646\u0643\u062d\u0629 \u0627\u0644\u0628\u0627\u0637\u0644\u0629","category_slug":"","get_date":"2015-04-12"},"translations":[],"fatawa_books":[],"fatawa_articles":[],"fatawa_videos":[],"fatawa_audios":[],"url":"http:\/\/islamland.com\/eng\/api\/fatawas\/11165"}