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Old 27th April 2001, 10:29
PRINCE_SAQI PRINCE_SAQI is offline
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According to Sabra Bin Ma'had AlJuhany who said: I was with my cousin when we passed by a woman who liked my youth and a robe which my companion had. So she offered temporary marriage with the robe as the dowry. I married her and spent the night with her. In the next morning, I went to the mosque and heard the Messenger of Allah (s.a.w.) saying: 'O people, I had permitted you temporary marriage before, whoever of you has any part in it currently must part with her, and do not take back anything which you may have given them, as Allah Exalted and Majestic has forbidden it until the day of resurrection.' " [narrated by Muslim, Abu Dawood, Ibn Majah, Nasa`i, and Darimi]

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

Hanafi Mazhab: stated in Fathul Qadir that the temporary marriage is void, and defined this marriage as a man saying to a woman I will enjoy you so many times for a certain sum of money. He also said in AlHashia after dealing with the two different types of temporary marriage, that it is a contract with a woman which is formed with the intention of not providing security or fosterage for a child, instead it is for a fixed period, and the marriage ends with this period, or a non fixed period based on the person's stay with the wife until he decides to leave, and then the contract is ended.

Shafi'i Mazhab: temporary marriage is a marriage for a period, so if it was requested of a guardian to marry his ward for a month, this would be a void marriage.

Maliki Mazhab: temporary marriage is one for a term, as if saying to the guardian allow me to marry your ward for a month for such a fee, if they agree, the marriage would be void and both spouses would be liable to a penalty. This marriage is ended without a divorce, regardless of whether it is before consummation or after.

Hanbali Mazhab: Temporary marriage is a marriage for a term whether fixed or not, there is no difference whether it is labelled as a marriage or not, where the man says to the woman allow me to enjoy you, she says I give you myself for enjoyment, without a guardian or two witnesses. The temporary marriage raises two issues. One for a fixed term having a guardian and two witnesses, or one called enjoyment not having a guardian or witnesses. In both cases it is void.
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