Temporary marriage, also known as Nikah Mut’ah, is a concept within Islamic jurisprudence that permits a marriage contract with a predetermined duration. While this practice exists within certain branches of Islam, particularly among Shia Muslims, it’s essential to understand its context, rulings, and interpretations within Islamic teachings.
The practice of temporary marriage traces back to the early days of Islam and has historical roots in Arabian society. During the time of the Prophet Muhammad (peace be upon him), temporary marriage was practiced in certain circumstances, often during times of war or travel, to provide companionship and fulfill the needs of individuals away from their families for extended periods.
Temporary marriage is a topic of debate among Islamic scholars, with varying interpretations and rulings across different schools of thought within Islam. While some scholars argue that it is permissible under certain conditions and with specific regulations, others deem it impermissible or discouraged based on their understanding of Islamic teachings and principles.
For those who consider temporary marriage permissible, some specific conditions and regulations must be adhered to. These may include mutual consent of both parties, specifying the duration of the marriage contract, and fulfilling the rights and responsibilities of marriage during the contracted period. Additionally, temporary marriage contracts should be conducted in accordance with Islamic legal procedures and guidelines.
In modern times, the practice of temporary marriage is less common in many parts of the Muslim world, with its prevalence varying based on cultural, social, and religious factors. In some regions, it may still be practiced within certain communities or under specific circumstances, while in others, it may be viewed as outdated or controversial.
Temporary marriage, or Nikah Mut’ah, remains a complex and nuanced aspect of Islamic jurisprudence, subject to differing interpretations and opinions within the Muslim community. While some regard it as a valid option under specific conditions, others approach it with caution or disapproval. Understanding the historical context, rulings, and contemporary perspectives surrounding temporary marriage is essential for fostering informed discussions within the broader context of Islamic teachings and practices.
A Nikah-e-Mut’ah is a mustahabb marriage in which a woman marries a man for a fixed period of time and a fixed amount (Haq Mahr).
“فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً”(۔ قرآن کریم)
Translation:
“Those of them who have done Mut’ah should be paid their fixed wages”
Mut’ah was permissible and common during the Prophet’s (PBUH) era, but afterward, Muslims differ on whether this Shariah order remains or is revoked.
Mut’ah has been recognized in Iranian law following the jurisprudence of Jafariyah, and no one among the Imamiyyah Shia disputes its legality or validity.
Marriage, or Mut’at al-Nisa, is when a woman, even through a lawyer, marries herself for a specified period and on a specified dowry to a man with whom there is no Shariah obstacle to marriage: in other words,
When the specified period expires or the husband forgives the woman for the remaining period, she is separated from him.
According to both Shia and Sunni historical sources, Mut’at-an-Nisa (temporary marriage) was practiced during the time of the Messenger of God and even during the reign of the first Caliph. However, an incident occurred during the second Caliph’s rule that resulted in him declaring this type of marriage forbidden. He even ordered that those who engaged in it would be stoned. This is illustrated by three hadiths from Ahl al-Sunnah sources, with the most well-known being that of Amr bin Harith. The incident is often referenced in sources and is described as follows:
“جابر کہتے ہیں کہ عمرو بن حریث کوفہ سے مدینہ آیا اور ایک آزاد شدہ کنیز کے ساتھ متعہ کیا۔ کنیز حاملہ ہوئی جس کو عمر کے پاس لایا گیا اور اس سے حقیقت حال کے بارے میں سوال کیا گیا۔ تو اس نے کہا: عمرو بن حریث نے میرے ساتھ وقتی نکاح کیا ہے۔ عمر نے عمرو بن حریث سے پوچھا تو اس نے بھی صراحت کے ساتھ بیوی کی بات کی تصدیق کی۔ عمر نے کہا: تم نے اس کے علاوہ کسی اور سے شادی کیوں نہیں کی؟ اور یہی وہ وقت تھا جب عمر نے وقتی شادی سے نہی کی تھی”
In addition to the Ahl al-Sunnah, who consider Mut’ah invalid [42], examine the views of other Islamic sects:
The dissolution of marriage (i.e., Mutah) is one of the two types of marriage and is a mustahab practice. It has four components.
Mut’ah contracts are formed by accepting and accepting. “Zuwajtuk,” “Mutattuk,” or “Ankhtuk” should be used as the answer, and the contract should not be concluded with other words like “Tamilik”, “Hiba,” or “Ijarah.” A word that indicates satisfaction and attraction on the part of the acceptor is used in acceptance. For example, “Qabiltu al-Nikkaah,” “Qabiltu al-Mut’ah”, “Qabiltu al-Tazwij”, or simply “Qabiltu”.
In the event that the conditions regarding the condition, time and place are not contrary to the requirements of the contract, either the woman or the man may determine these conditions. A man’s right to renounce the right of his temporary wife after four months of marriage is disputed by the jurists.
Temporal marriage and Mutah between a Muslim man and a Muslim woman are valid according to later jurists, but not between a Muslim woman and a Muslim man.
Mahr must be mentioned in a broken contract for it to be valid, and if it is not mentioned, it is not valid. A woman becomes the owner of the Mahr as soon as the marriage takes place, but she must obey the husband during the specified period of matrimony and mu’tah to gain ownership of the entire Mahr. Half the Mahr is his responsibility if the husband forgives the wife for the period before marriage.
A term of marriage is a condition of health in this type of contract. If the period is not mentioned, popular belief is that the marriage becomes permanent (and the woman will become the man’s permanent wife). Ideally, the period should be set so that it cannot be shortened or extended; it should be vague and not clean, like a few months before pilgrims return home from Mecca.
The man can waive a part or the whole period of Mu’tah to a woman, and no letter of acceptance is needed. [61] There is no divorce in Mut’ah, and the woman and man shall separate at the end of the period.
Changing the contract of Mut’ah to a permanent one before the end of the Mut’ah period is not valid, according to the famous saying.
If a woman observes Idda after her Mutah period or if her period is forgiven by a man, or if she interrelates with a man without being pregnant, or does not menstruate at the age of menstruation, she will observe Idda for 45 days. It is well known that there are two menstrual cycles or one and a half months, or two periods of purity. The first statement (two periods) is well known, and if a woman is pregnant, the period until her child is born will count as well.
There is a famous saying that states that a woman who is not pregnant and whose husband has died will spend the next four months in Idda, and some believe that half of that period is spent there. When a woman is pregnant, the period of death is the longest – until she gives birth and the baby is born.
Temporary marriage, also known as Nikah Mutah in Islamic tradition, is a significant practice in specific communities. Given the varying beliefs and interpretations of Islamic law, a sensitive and respectful approach is necessary when discussing this topic. While some consider it a legitimate and allowed form of marriage, differing opinions may exist. Regardless, it is essential to consider the legal and cultural context surrounding Nikah Mutah and its potential impact on those involved.
In the end, whether one agrees or disagrees with Nikah Mutah, it is important to approach the subject with empathy, knowledge, and a commitment to upholding the rights and choices of individuals within the framework of the law.
Onlinenikahservices.com provides religious and legal guidance on the components of Nikah Mutah. Please contact us if you need any legal assistance.
In modern times, the practice of temporary marriage is less common in many parts of the Muslim world, with its prevalence varying based on cultural, social, and religious factors. In some regions, it may still be practiced within certain communities or under specific circumstances, while in others, it may be viewed as outdated or controversial.
Temporary marriage, or Nikah Mut’ah, remains a complex and nuanced aspect of Islamic jurisprudence, subject to differing interpretations and opinions within the Muslim community. While some regard it as a valid option under specific conditions, others approach it with caution or disapproval. Understanding the historical context, rulings, and contemporary perspectives surrounding temporary marriage is essential for fostering informed discussions within the broader context of Islamic teachings and practices.
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