Temporary Marriage

[lostsoul2016]

What is the ruling of a temporary marriage in Islam? Is this allowed? What are the conditions? (From the sunni school of thought).

thank you.

[AabiruSabeel]

In the name of Allah, the Most Gracious, the Most Merciful.

Assalamualaikum Warahmatullahi Wabarakatuhu

The Ulama unanimously agree that Mut’ah was permissible in the early days of Islam due to extenuating circumstances. Subsequently, Nabi Sallalahu Alayhi Wasallam issued the decree of prohibition.

Consider the following Ahaadith;

عن علي رضي الله عنه قال: نهى رسول الله صلى الله عليه و سلم عن المتعة عام خيبر ولحوم حمر الإنسية.[1]

Hadrat Ali Radiyallahu Anhu narrates that Nabi Sallalahu Alaihi Wassalam had prohibited Mut’ah and the eating of domesticated donkeys in the year of Khaibar.
[2

عن ربيع بن سبرة عن أبيه أن النبى صلى الله عليه وسلم حرم متعة النساء.[3]

Hadrat Rabie Radiyallahu Anhu narrates from his father that Nabi Sallalahu Alaihi Wassalam forbade the Mut’ah with women[4.

The Sahaaba Radiyallahu Anhum were unanimous regarding the abrogation of Mut’ah Nikah (temporary marriage).

The Abrogation was done on two occasions, during Fathe Makkah(Conquest of Makkah) and Khaibar.

In another narration it is mentioned that three things were abrogated on two different occasions: Mut’ah, eating the meat of domesticated donkeys and facing towards Baitul Maqdas when reading Salaah.

Imam Muhammed Rahmatullahi Allayhi mentions that Nabi Sallalahu Alayhi Wasallam permitted Mut’ah for a period of three days in a battle which was very severe upon the people, amongst them were men without wives. Thereafter he prohibited it.[5]

In Fataawa Qadi Khan it is mentioned that temporary marriage is null and void. Neither Talaaq, nor Eela nor Zihaar will occur and none of the two parties would inherit from each other.[6

And Allah Ta’ala knows best

Mufti Luqman Hansrot
Fatwa Dept.

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[1] (صحيح البخاري،دار الفكر،ج6، ص285،ح 5523)

[2] (Bukhari, Darul Fikr,Vol 6, Pg 275,Hadith no 5523)

[3] (سنن أبي داود ،سعيد، ص283)

[4] (Abu Dawud, H.M.Saeed, Pg 283)

[5] ( ونكاح المتعة باطل )… قلنا : ثبت النسخ بإجماع الصحابة رضي الله تعالى عنهم وابن عباس رضي الله عنهما صح رجوعه إلى قولهم فتقرر الإجماع
وأما دليل النسخ بعينه ما في صحيح مسلم { أنه صلى الله عليه وسلم حرمها يوم الفتح } وفي الصحيحين { أنه صلى الله عليه وسلم حرمها يوم خيبر } والتوفيق أنها نسخت مرتين .قيل ثلاثة أشياء نسخت مرتين : المتعة ، ولحوم الحمر الأهلية ، والتوجه إلى بيت المقدس في الصلاة . وقيل لا يحتاج إلى الناسخ لأنه صلى الله عليه وسلم إنما كان أباحها ثلاثة أيام فبانقضائها تنتهي الإباحة ، وذلك لما قال محمد بن الحسن في الأصل : بلغنا { عن رسول الله صلى الله عليه وسلم أنه أحل المتعة ثلاثة أيام من الدهر في غزاة غزاها اشتد

على الناس فيها العزوبة ثم نهى عنها }
(فتح القدير ، مكتبه رشيديه ، ص150،ج 3)

[6] نكاح المتعة باطل لا يفيد الحل ولا يقع عليها طلاق ولا إيلاء ولا ظهار ولا يرث أحدهما من صاحبه هكذا في فتاوى قاضي خان في ألفاظ النكاح

وهو أن يقول لامرأة خالية من الموانع أتمتع بك كذا مدة عشرة أيام مثلا أو يقول أياما أو متعيني نفسك أياما أو عشرة أيام أو لم يذكر أياما بكذا من المال كذا في فتح القدير.

(الفتاوى الهندية ، مكتبه رشيديه ، ص282،ج1)

(رد المحتار ،سعيد، ص51،ج3)

(فتاوى محموديه،جامعه فاروقيه ، ص59،ج11)

Source: http://islamqa.org/hanafi/efiqh/76371

[lostsoul2016]

W'Salam,

thank you very much brother. This helps ALOT!

[kritikvernunft]

What is the ruling of a temporary marriage in Islam?

There is a practical problem in actually banning it. Imagine a man marries a woman. What he does, could be perfectly lawful. Imagine he divorces her after a week. Divorce is regrettable, but not actually unlawful. Lather. Rince. Repeat.

He is never openly doing anything unlawful. It it is the intention with which he marries that is a bit deceptive to his bride and her family. He may not actually intend to remain married with her for more than a week. He may actually know upfront that he will divorce his bride after a week. He could enter that kind of marriage procedure simultaneously with several brides, who do not know about this.

In my impression, no matter how many, additional obstacles that you may add to the marriage procedure, there will be no way of effectively preventing a determined deceiver from doing this.

In other words, someone may marry and divorce 50 times in a row, still claiming and insisting that none of these marriages were a form of Mutah.

The problem in outlawing behaviour that merely exists of a sequence of otherwise perfectly lawful behaviour, is that you must make assumptions about the intention of this person. You can, however, never determine that with sufficient precision. Outlawing intentions is pretty much impossible, since the real intention is never visible to others.

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[syed_z]

There is a practical problem in actually banning it. Imagine a man marries a woman. What he does, could be perfectly lawful. Imagine he divorces her after a week. Divorce is regrettable, but not actually unlawful. Lather. Rince. Repeat.

He is never openly doing anything unlawful. It it is the intention with which he marries that is a bit deceptive to his bride and her family. He may not actually intend to remain married with her for more than a week. He may actually know upfront that he will divorce his bride after a week. He could enter that kind of marriage procedure simultaneously with several brides, who do not know about this.

In my impression, no matter how many, additional obstacles that you may add to the marriage procedure, there will be no way of effectively preventing a determined deceiver from doing this.

In other words, someone may marry and divorce 50 times in a row, still claiming and insisting that none of these marriages were a form of Mutah.

The problem in outlawing behaviour that merely exists of a sequence of otherwise perfectly lawful behaviour, is that you must make assumptions about the intention of this person. You can, however, never determine that with sufficient precision. Outlawing intentions is pretty much impossible, since the real intention is never visible to others.

Greetings bro...

Our Beloved Prophet (SallAllahu Alaihi Wassallam) said "Marriage is half of faith so let one fear God for the 2nd half"

The purpose of Faith which is called Iman, is never temporary as its sole purpose is to assist one make its way in to his heart, become permanent and increase. Therefore its purpose can never be temporary. Since Iman is likened to Marriage then how can marriage be temporary?

The example of the person you gave is a deceiver or one who is faithless. Only a faithless person would do the above.

Omar ibn Khattab (r.a) said "Nothing has been given better to a man after faith than a virtuous wife."

Once the sweetness of faith enters the heart then he loves it. He also loves the one who helps him keep that in his heart.Therefore faith in return helps in strengthening one's marriage relationship. So when it comes to marriage and faithin Islam, the word 'temporary' does not make sense.