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Old 25th April 2001, 22:54
Faisal_Aslam Faisal_Aslam is offline
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Assalam-o-Alliakum

1) Some muslim marry a girl for 3 days for having sex and then give her gifts and then separation ...
They say it legal and named as Muta marriage..
http://www.balaams-ass.com/alhaj/muta.htm

I need guidance in this regard ... As I am sure that can not be islamic.

2) some people here in USA do marriage for grean card/citizenship and after marriage (according to previous agreement between couple) they do get separated . What you think about that ...
I think it is non-islamic and a sin

If someone give me good Hadit then it is wellcome..

3) If you have to do one sin out of two (MUST) to steal and to have sex with a girl.. Stealing punishment is to cut you hand and other is 100 lashes. What will you be lesses sin ???
I will prefer stealing as I think Zana is Guna-a-Kabera and stealing is not

Looking for replies with some reference of Quran and hadith... if possible..

Thanks
Faisal Aslam
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Old 25th April 2001, 23:12
Shah_Jalal Shah_Jalal is offline
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that kind of marraige is not recomended by islam at ALL.

as for less of the two evils, that is not an islamic concept, this concept is a concept of the west. we only believe in doing haram in the case of 'duress' and duress is the situation where you are being totured and ur life is under threat. in islam, our criteria for action is halal and haram. whereas the kuffar's criteria is benefit. if something is haram, we abstain from it.
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Old 25th April 2001, 23:31
abc_xyz abc_xyz is offline
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salam

br nur is an expert on muta marriage and apperntly he was offered one too

for more latest info check the post of 'Marriage, everyones talking about it!!! '

and on a serious note
As far as I know the final ruling with regard to mut’ah marriage is that it is forbidden according to Islamic sharee’ah. There are mumber of haddith which prohibitate mu'ta/temporary marriage.

Imaam Muslim said in his Saheeh:
Baab Nikaah al-Mut’ah wa bayaan annahu ubeeha thumma nusikha thumma ubeeha thumma nusikha wastaqarra tahreemuhu ilaa Yawn il-Qiyaamah (Chapter on Mut’ah marriage and the statement that it was permitted, then abrogated, then permitted, then abrogated, and this prohibition remains in effect until the Day of Resurrection).

From Iyaas ibn Salamah from his father, who said: “The Messenger of Allaah (pbuh) gave sanction for contracting temporary marriage (mut’ah) for three nights in the year of Awtaas [after the Battle of Humayn in 8 AH], then he forbade it.” (2499)

From al-Rabee’ ibn Sabrah from his father: on the day of the Conquest (of Makkah) the Messenger of Allaah (pbuh) forbade temporary marriage (mut’ah) with women. (Saheeh Muslim, 2506)

And also from him (pbuh): that the Messenger of Allaah (pbuh) forbade mut’ah and said: “It is forbidden from this day of yours until the Day of Resurrection, and whoever has given anything [as a dowry] should not take it back.” (Saheeh Muslim, 2509).

From ‘Ali ibn Abi Taalib: that the Prophet (pbuh)forbade temporary marriage to women and the flesh of donkeys at the time of Khaybar. This was narrated by al-Tirmidhi, who said: the hadeeth of ‘Ali is hasan saheeh and this is what was followed by the scholars among the companions of the Prophet (pbuh) and others… this is also the view of al-Thawri, Ibn al-Mubaarak, al-Shaafa’i, Ahmad and Ishaaq. Sunan al-Tirmidhi, 1040.


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Old 25th April 2001, 23:36
Avilos Avilos is offline
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You might be surprised that many Sunni commentators mentioned under verse 4:24 that:

Ali (RA) said: The Mut'a is a mercy from Allah to his servants. If it were not for Umar forbidding it, no one would commit (the sin) of fornication except the wretched (Shaqi; an utmost wrong-doer)."


Sunni references:
- Tafsir al-Kabir, by al-Tha'labi, under commentary of verse 4:24 of Quran;
- Tafsir al-Kabir, by Fakhr al-Razi, v3, p200, commentary of verse 4:24;
- Tafsir al-Kabir, by Ibn Jarir al-Tabari, under commentary of verse 4:24 with authentic chain of narrators, v8, p178, Tradition #9042;
- Tafsir al-Durr al-Manthoor, by al-Suyuti, v2, p140, from several chain of transmitters;
- Tafsir al-Qurtubi, v5, p130, under commentary of verse 4:24 of Quran;
- Tafsir Ibn Hayyan, v3, p218, under commentary of verse 4:24 of Quran;
- Tafsir Nisaboori, by al-Nisaboori (8th century);
- Ahkam al-Quran, by Jassas, v2, p179, under commentary of verse 4:24.

A very similar tradition has also been narrated by Ibn Abbas (RA), and was mentioned by al-Tabari and al-Tha'labi in their Tafsir of Quran.

It is interesting to note that Umar did not attribute the prohibition of Mut'a to the Prophet (PBUH&HF). They were others who did that after Umar mainly to justify what he did. Umar clearly mentioned that: "Mut'a WAS permitted at the time of the Prophet and I PROHIBIT it!" The great Sunni
scholar, Fakhr al-Razi, who has been given the title of "Imam al-Mushakkikeen" (the leader of ever-questioners/ever-doubtful) by the Sunnis, in his voluminous commentary of Quran mentioned under the verse ofTemporary Marriage that:

Umar said: Two types of Mut'a were (legal) during the time of the Prophet and I forbid them both, and I punish those who commit it. They are: Mut'a of pilgrimage and Mut'a of women.

Sunni references:
- Tafsir al-Kabir, by al-Fakhr al-Razi, v3, p201 under verse 4:24
- Musnad Ahmad Ibn Hanbal, v1, p52

Notice that Mut'a can be of two kinds: Mut'a of women (pleasure/temporary marriage) and Mut'a of Pilgrimage (Hajj al-Tamattu'). The latter is a way of performing Pilgrimage and has no relation with the former which is one way of performing marriage. Both types of Mut'a were practiced at the time of the Prophet and Abu Bakr and the early days of Umar's rule. But they were prohibited by Umar.

As we see from the above quote, Umar did NOT say that Mut'a was canceled by the Prophet. If it was really the Prophet who canceled Mut'a, Umar would have say: The two Mut'a were Halaal and then became Haraam at the time of the Prophet, and I am informing you about the second law set by the Prophet which canceled the first. But it is evident that Umar is straightforwardly saying that he is the one who is making it Haraam!

Also Ibn Kathir mentioned his commentary:

"al-Bukhari declared that Umar used to forbid people on Mut'a."

Sunni reference: Tafsir Ibn Kathir, v1, p233

Also Both Ibn Jarir al-Tabari and al-Zamakhshari narrated that:

"al-Hakam Ibn Ayniyah was asked if the verse of Mut'a of women is abrogated. He answered: 'No'."

Sunni references:
- Tafsir al-Tabari, under commentary of verse 4:24 of Quran, v8, p178
- Tafsir al-Kashshaf, by al-Zamakhshari, under the verse 4:24, v1, p519

I hope this much satisfies your curiousity for now. If i was quoting this only from shi'ite sources you might be forgiven for rejecting it. but i have EXCLUSIVELY quoted from sunni sources particularly from great Sunni commentators of the Quran too.

And Allah(SWT) Is The Judge Of All Things. All praise to The Lord Of The Worlds.

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Old 25th April 2001, 23:51
Nur Nur is offline
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Quote:
Originally posted by abc_xyz
salam

br nur is an expert on muta marriage and apperntly he was offered one too

for more latest info check the post of 'Marriage, everyones talking about it!!! '

and on a serious note
As far as I know the final ruling with regard to mut’ah marriage is that it is forbidden according to Islamic sharee’ah. There are mumber of haddith which prohibitate mu'ta/temporary marriage.

Imaam Muslim said in his Saheeh:
Baab Nikaah al-Mut’ah wa bayaan annahu ubeeha thumma nusikha thumma ubeeha thumma nusikha wastaqarra tahreemuhu ilaa Yawn il-Qiyaamah (Chapter on Mut’ah marriage and the statement that it was permitted, then abrogated, then permitted, then abrogated, and this prohibition remains in effect until the Day of Resurrection).

From Iyaas ibn Salamah from his father, who said: “The Messenger of Allaah (pbuh) gave sanction for contracting temporary marriage (mut’ah) for three nights in the year of Awtaas [after the Battle of Humayn in 8 AH], then he forbade it.” (2499)

From al-Rabee’ ibn Sabrah from his father: on the day of the Conquest (of Makkah) the Messenger of Allaah (pbuh) forbade temporary marriage (mut’ah) with women. (Saheeh Muslim, 2506)

And also from him (pbuh): that the Messenger of Allaah (pbuh) forbade mut’ah and said: “It is forbidden from this day of yours until the Day of Resurrection, and whoever has given anything [as a dowry] should not take it back.” (Saheeh Muslim, 2509).

From ‘Ali ibn Abi Taalib: that the Prophet (pbuh)forbade temporary marriage to women and the flesh of donkeys at the time of Khaybar. This was narrated by al-Tirmidhi, who said: the hadeeth of ‘Ali is hasan saheeh and this is what was followed by the scholars among the companions of the Prophet (pbuh) and others… this is also the view of al-Thawri, Ibn al-Mubaarak, al-Shaafa’i, Ahmad and Ishaaq. Sunan al-Tirmidhi, 1040.


Assalamu alaikum,
Well I wouldn't call myself an expert. Thanks for the hadiths. As I said there are two view based on the hadith collections. The problem with the hadiths which say that it was forbidden is that they are not consistent, suggesting that they are possibly fabricated. For example, one hadith claims that it was banned after the battle of khyber, while according to another Omar bans it.

A proper investigation is needed before one cancome to the correct conclusion. I personally believe that it was halaal and still is halaal, because lines of scholars, traced back to the Prophet (saw) claim that it is halaal. The shia scholars have their evidence too to prove that muta marriage is halaal and we should consider these too in our investigation and try not to be biased, in the same way that the christians are biased against the muslims for having views that conflict with their beliefs.

Often when muslims first come across this idea of muta marriage they outright condemn it withut doing any investigation, then later they come back with evidence showing that it was forbidden. Such people are biased in the first place and there is a risk that their final conclusion is based on their personal likes or dislikes (ie they are biased) which is forbidden in Islam. At face value I could not believe that muta is halaal, but I decided to investigate into the matter rather than coming to any conclusion based on my personal view. Having investigated into the matter my conlusion is that it is necessarily halaal. There is a saying of Ali that had muta not been banned much sin would not have been committed by people. I agree with that statement! More later, inshAllah!

[Edited by Nur on 26th April 2001 at 06:27]
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Old 26th April 2001, 00:24
Avilos Avilos is offline
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Salam,

for those that may still be in doubt, beside what was quoted in my above post, Sahih Muslim has more traditions
with reference to the prominent companion, Jabir Ibn Abdillah al-Ansari(RA), which are as follows:

Narrated Abu Nadhra:

While I was in the company of Jabir Ibn Abdullah (RA), a person came to him and said that Ibn Abbas (RA) and Ibn Zubair differed on the two types of Mut'a (Mut'a of Hajj and Mut'a of women),whereupon Jabir said: We used to do these two during the life time of Allah's Messenger (PBUH&HF). Umar then forbade us to do them, and so we did
not revert to them.


Sunni references:
- Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3250.
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #17, also v2, p914, Tradition #1249.

Again the above tradition emphasizes that both Mut'a were abolished by Umar, and some people did not return to it at least publicly, because Umar threatened people that he will stone any one who does it. Below is a more straight forward tradition:

Jabir Ibn Abdullah reported: "We contracted temporary marriage giving a handful of the dates or flour as a dower during the life time of Allah's Messenger (may peace be upon him) and during the time of Abu Bakr until Umar forbade it because of Amr Ibn Huraith.


Sunni references:
- Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3249
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2,p1023, Tradition #16, "Kitab al-Nikah, Bab Nikah al-Mut'a"


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Old 26th April 2001, 00:54
Nur Nur is offline
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Quote:
Originally posted by Avilos
Salam,

for those that may still be in doubt, beside what was quoted in my above post, Sahih Muslim has more traditions
with reference to the prominent companion, Jabir Ibn Abdillah al-Ansari(RA), which are as follows:

Narrated Abu Nadhra:

While I was in the company of Jabir Ibn Abdullah (RA), a person came to him and said that Ibn Abbas (RA) and Ibn Zubair differed on the two types of Mut'a (Mut'a of Hajj and Mut'a of women),whereupon Jabir said: We used to do these two during the life time of Allah's Messenger (PBUH&HF). Umar then forbade us to do them, and so we did
not revert to them.


Sunni references:
- Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3250.
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #17, also v2, p914, Tradition #1249.

Again the above tradition emphasizes that both Mut'a were abolished by Umar, and some people did not return to it at least publicly, because Umar threatened people that he will stone any one who does it. Below is a more straight forward tradition:

Jabir Ibn Abdullah reported: "We contracted temporary marriage giving a handful of the dates or flour as a dower during the life time of Allah's Messenger (may peace be upon him) and during the time of Abu Bakr until Umar forbade it because of Amr Ibn Huraith.


Sunni references:
- Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3249
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2,p1023, Tradition #16, "Kitab al-Nikah, Bab Nikah al-Mut'a"


Assalamu alaikum,
There will be doubts in the minds of muslims because of the simple fact that there are also hadiths which show that it was banned later. I personally believe tha it is halaal because of the lack of consistency between the hadiths which show that it was forbidden. Perhaps scholars should carry out a full investigation into all the hadiths, because clearly some of the hadiths are forged. Both types of hadiths cannot be false. Those who accept the hadiths which show that muta marriage was forbidden have to explain why the reject the hadiths which show that is was not forbidden by the Holy Prophet (saw). Let us be careful not to let our personal likes or dislikes to influence our conclusion abut muta marriage.
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