Muta Marriage for sex ....

[Faisal_Aslam]

A.A

Hammad is my company mate a Pakistani from Karachi and he replied as follows ..

-------------------------
wa alaikum as salam.

If you want guidance, only Allah can help you... If you want answers, MAYBE
i can....

Here are the answers again:

1. muta (temporary) marriage is haram. it was legalized for a while. then it
was made haram (both during the life of the prophet). Some of the shia still
practice it thinking that it is allowed. Good article discussing its
prohibition:
http://www.islam.org.au/articles/12/TMPMRIG.HTM
For the shia argument refer to:
http://www.al-islam.org/encyclopedia/chapter6a/

I think it is clear from the articles that the shia argument is pretty weak.



2. This is more complicated:
a. if the marriage is contracted with both parties agreeing to a temporary
marriage, then it is no different from muta....

b. If someone marries another person, while hiding his/her intention that
he/her will divorce his/her spouse after some time period, then the marriage
contract is ok, but is the person commiting a haram? I dont know.

c. if someone marries another person for the green card without having the
intention to divorce, this is acceptable from the shariah perspective since
the intention behind the marriage doesn't make the contract void. In other
words, one can marry a woman for any reason: He is attracted to her, he
wants her money, she is from a noble family, their stars match , etc
etc.... In all cases, as long as the marriage contract fulfills the
requirements of islam, it is ok.

In any case, let us not forget the basic criteria the prophet set for us
regarding marriage: We should marry someone who is pious and we feel
attracted to. There are many hadiths which talk about marrying the one who
is serious about her deen and who we find beautiful.



3. A haram is a haram is a haram.... One has to avoid doing haram all the
time. One has to avoid ALL that is haram. The attitude that a particular
haram is 'less' than another is very dangerous and destructive. Let us not
forget that Bani Israel's similar attitude got them into serious serious
trouble!

Furthermore, it is understandable--though very regrettable--that someone
might commit a haram while his/her attitude is to TRY to avoid it as much as
he/she can... But to have an attitude that doesn't even care about or try to
avoid doing a haram--whether small or big--is pathetic to say the least....

hope that this helps.
Wassalam
hammad.

[Avilos]

1. muta (temporary) marriage is haram. it was legalized for a while. then it
was made haram (both during the life of the prophet). Some of the shia still
practice it thinking that it is allowed. Good article discussing its
prohibition:
http://www.islam.org.au/articles/12/TMPMRIG.HTM
For the shia argument refer to:
http://www.al-islam.org/encyclopedia/chapter6a/ Firstly
------------------------------------------------------------
[b] mashallah brother you have included two good links for people to look at. Then it is for a person to decide.

I had not previously come across the link you gave for the sunni point of view. How you come across the opinion that it proves the shia view is weak amazes me, as not only do they prove the legitamacy through sunni sources including bukhari and muslim, as well as through comments of most all of the sunni commentators of the quran and what they have recorded in their books of tafseer... as well as making the reader acquainted with how these views are in accordance with the hadith that have been narrated from the shia sources too....

But it amazes me that people read what Mulla X, Y & Z says about it and choose the fatwa of Mullah X, Y, Z over Sayings of the purified itrah (progeny) of the prophet (PBUH&HF) the co-equals to the quran, and whom have been likened by the prophet to the ark of Hazrat Nuh (AS) - whoever climbed on board was saved, whoever stayed away perished...

I too advise the brothers to visit both the links.

Allahuma salle ala Muhammed Wa Ale Muhammed

[Nur]

Assalamu alaikum,
The fact of the matter is there is a Quranic verse according to which muta marriage is allowed and there are hadiths from the sahih collections, showing that muta was not forbidden by the Holy Prophet (saw).

Some scholars have come up with an explanation of why it was at first legal and then later banned, but the explanation has serious flaws.

According to this explanation muta marriage was a practice of the days of ignorance and and had to be banned slowly for practical reasons in the same way that alcohol was banned.

The flaw with this explanation is that firstly it makes the assumption that muta marriaga was a practice of the arabs before the advent of Islam, but provides no evidence for this. I read all the hadiths in the first link - which of these hadiths prove that it was a practice from the days of ignorance?

Secondly, while alcohol was not banned straight away it is not mentioned anywhere in the Quran as being allowed, whereas the muta marriage is mentioned as being allowed in the Quran, according to sunni and shia scholars. Why would Allah explicitly allow something in the Quran and then later ban it? If the Quranic verse is accepted as allowing muta marriage then no hadith can cancel that verse. If muta marriage was a bad practice from the days of ignorance then there would not be verse in the Quran allowng it just as there was never a verse in the Quran allowing one to drink alcohol.

To further support this argument is there any hadith in which the Holy Prophet (saw) explicitly permits a person to drink alcohol? No, because even when it was not banned it was not considered to be a good thing and in fact alcohol was never permitted at any time in the history of man. But in the case of muta marriage there are hadiths in which the Holy Prophet (saw) actually explicitly and even advises certain companions to perform it.

Another flaw with the explanation abut muta marriage being a practice from the days of ignorance is that thre are many other very bad practices of the days of ignorance which were not permitted by the Quran or by the Holy Prophet (saw). Why then was muta marriage permitted and these otehr practices not permitted? Why for example was prostitution not permitted? In fact why would the arabs from the days of ignorance practice muta when they could practice muta marriage when they could just visit prostitutes or commit adultery or fornication? Read about the practices of the arabs before Islam and you will see that it makes no sense to say that muta marriage was a practice of the days of ignorance and in fact there is no evidence to support this from history or hadith.

Also the hadiths which show that muta marriage was banned are not consistent with another - why? On which hadith do those who claim muta marriage is haraam base their claim? And why do they reject the hadiths which show that muta marriage is halaal?

Brother Faisal, most people automaticaly reject the idea of muta marriage before even doing any investigation into the matter. Such people look for evidence to back their claim that it is haraam - are such people not biased?

I myself was shocked when I first heard about muta marriage, but instead of making an immediate judgement based on my personal feelings I decided to investigate into the matter andI have come to the conclusion that it is an islamic practice and one that is necessarily halaal.

I have given my reasons why I reject the hadiths that show that the muta marriage was forbidden. On which Quranic verse or hadith do you base the claim that muta marriage is haraam and why do you reject the Quranic verse and the hadiths according to which muta marriage is halaal?

Here are the links again put up by brother Faisal:

http://www.islam.org.au/articles/12/TMPMRIG.HTM
For the shia argument refer to:
http://www.al-islam.org/encyclopedia/chapter6a/

Please go to both as the Quranic verse relating to muta marriage is discussed in both sites.



[Edited by Nur on 26th April 2001 at 12:41]

[mhnew]

From Sh. Qaradawi's book "The lawful and prohibited in Islam".


Temporary Marriage (Mut'ah)

Marriage in Islam is a strong bond, a binding contract, based on the intention of both partners to live together permanently in order to attain, as individuals, the benefit of the repose, affection, and mercy which are mentioned in the Qur'an, as well as to attain the social goal of the reproduction and perpetuation of the human species: And Allah has made for our spouses of your own nature, and from your spouses has made for you sons and grandsons....(16:72)

Now, in temporary marriage (known in Arabic as mut'ah), which is contracted by the two parties to lafor a specified period of time in exchange for a specified sum of money, the above-mentioned purposes of marriage are not realized. While the Prophet (peace be on him) permitted temporary marriage during journeys and military campaigns before the Islamiclegislative process was complete, he later forbid it and made it forever haram.

The reason for it was permitted in the beginning was that the Muslims were passing through what might be called a period of transition from jahiliyyah to Islam. Fornication was very common and wide-spread among the pre-Islamic Arabs. After the advent of Islam, when they were required to go on military expeditions, they were under great pressure as a result of being absent from their wives for long periods of time. Among the Believers were some who were strong in faith and others who were weak. The weak ones feared that they would be tempted to commit adultery, a major sin and an evil course, while the strong in faith, on the other hand, were ready to castrate themselves, as stated by Ibn Mas'ud: We were on an expedition with the Messenger of Allah (peace be on him) and did not have our wives with us, so we asked Allah's Messenger (peace be on him), 'Should we not castrate ourselves? (The reason for this request was the desire to maintain their purity of mind and body, which was in danger of being affected by their unmet needs. (Trans.)) He forbade us to do so but permitted us to contract marriage with a woman up to a specified date, giving her a garment as a dower (mahr) (Reported by al-Bukhari and Muslim.)

Thus temporary marriage provided a solution to the dilemma in which both the weak and the strong found themselves. It was also a step toward the final legalization of the complete marital life in which the objectives of permanence, chastity, reproduction, love, and mercy, as well as the widening of the circle of relationships through marriage ties were to be realized.

We may recall that the Qur'an adopted a gradual course in prohibiting intoxicants and usury, as these two evils were widespread and deeply rooted in the jahili society. In the same manner' the Prophet (peace be on him) adopted a course of gradualism in the matter of sex, at first permitting temporary marriage as a step leading away from fornication and adultery, and at the same time coming closer to the permanent marriage relationship. He then prohibited it absolutely, as has been reported by 'All and many other Companions. Muslim has reported this in his Sahih, mentioning that al-Juhani was with the Prophet (peace be on him) at the conquest of Makkah and that the Prophet (peace be on him) gave some Muslims permission to contract temporary marriages. Al-Juhani said, "Before leaving Makkah the Messenger of Allah(peace be on him) prohibited it." In another version of the hadith we find the Prophet's own words, "Allah has made it haram until the Day of Resurrection."

The question then remains—Is temporary marriage (mut'ah) absolutely haram, like marriage to one's own mother or daughter, or is it like the prohibition concerning the eating of pork or dead meat, which becomes permissible under real necessity, the necessity in this case being the fear of committing the sin of zina ?

The majority of the Companions held the view that after the completion of the Islamic legislation, temporary marriage was made absolutely haram. Ibn 'Abbas, however, held a different opinion, permitting it under necessity. A person asked him about marrying women on a temporary basis and he permitted him to do so. A servant of his then asked, "Is this not under hard conditions, when women are few and the like?" and he replied, "Yes." (Reported by al-Bukhari.) Later, however, when Ibn 'Abbas saw that people had become lax and were engaging in temporary marriages without necessity, he withdrew his ruling, reversing his opinion. (Zad al-Mi'ad,vol.4,p. 7. Bayhaqi transmitted it and Muslim as well.)

[Nur]

Assalamu alaikum,
And that dilemma exists more now than ever before! According to what you have written muta was clearly a solution provided by Islam.

[mhnew]

But abrogated later once Islam was established.
Now with quick travel and all the possibilities is it even required.
There must be better solution within the boundaries of Islam that would work.

[Shah_Jalal]

MUTA MARRAIGES WAS B4 THE TIME OF ISLAM! IN THE DAYS OF JAHILIYYAH. ITS NOT FROM ISLAM.