In the name of Allah most
gracious most merciful
Assalaamuaalaikum wa
rahmatuallahi wa barakatahu
Is Muta [Temporary Marriage]
Allowed in Islaam?
In Arabia there was a custom
of men and women marrying temporarily,with their terms and conditions.
Few people considered verse
4:24 as sanctioning Muta,and they thought it was later abrogated.Though the
theory of abrogation is true in Quran and hadith
but incase of muta its
entirely not found in Quran.
first Quranic verse will be
discussed later hadith relatied to the topic will be discussed InshAllah.
4:24 Also (prohibited are)
women already married except those whom your right hands possess. Thus hath
Allah ordained (prohibitions) against you:
except for these all others
are lawful provided ye seek (them in marriage) with gifts from your property
desiring chastity not lust. Seeing that ye
derive benefit from them give
them their dowers (at least) as prescribed; but if after a dower is prescribed
ye agree mutually (to vary it) there is
no blame on you and Allah is
All-Knowing All-Wise.
Transliteration Wal muhsana_tu
minan nisa_'i illa_ ma_ malakat aima_nukum, kita_balla_hi 'alaikum, wa uhilla
lakum ma_ wara_'a za_likum an tabtagu_ bi
amwa_likum muhisinan gaira
musa_fihin(a), ***famastamta'tum bihi ***minhunna fa a_tu_hunna uju_rahunna
faridah(tan), wa la_ juna_ha 'alaikum fima_
tara_daitum bihi mim ba'dil
faridah(ti), innalla_ha ka_na'aliman hakima_(n).
Muta, Istamta, are derived
from mata
This word is explained in
Lisanal-Arab, quoting "Zajjaj" as saying about the Ayah 4:24,
"This is an Ayaah while interpreting of which some people have
committed a great blunder
owing to their ignorance of Arabic. They have inferred from it the legality of
Muta (temporary marriage, which is unlawful
in Islam). The Arabic idiom
does not countenance this use of Istamta with regard to a woman in the sense of
temporary connection. Tamata' bil mar'ati
means he benefited by a woman
temporarily, but Istamta bikadha means he benefited by her for a long
time."
It must also be noted that
whenever the noun "tamattu" is used to denote temporary connection,
it is followed by the proposition "ba" put before the
word standing for woman as in
the above example, but in the expression (4:24) the pronoun is preceded by the
proposition 'min.'
to observe the very phrase
used in the Ayaah 4:24 highlight the phrase in
read text.
4:24 Transliteration-Wal
muhsana_tu minan nisa_'i illa_ ma_ malakat aima_nukum, kita_balla_hi 'alaikum,
wa uhilla lakum ma_ wara_'a za_likum an
tabtagu_ bi amwa_likum
***muhisinan gaira musa_fihin(a),*** famastamta'tum bihi minhunna fa a_tu_hunna
uju_rahunna faridah(tan), wa la_ juna_ha
'alaikum fima_ tara_daitum
bihi mim ba'dil faridah(ti), innalla_ha ka_na'aliman hakima_(n).
***muhisinan gaira musa_fihin(a),***
translation-Also (prohibited
are) women already married, except those whom your right hands possess: thus
hath Allah ordained (prohibitions) against
you: except for these, all
others are lawful, provided ye seek (them in marriage) with gifts from your
property,*** binding yourself in marriage,
and not only for lust.***
Seeing that ye derive benefit from them, give them their dowers (at least) as
prescribed; but if, after a dower is prescribed,
ye agree mutually (to vary
it), there is no blame on you, and Allah is All-Knowing All-Wise.
*** binding yourself in
marriage, and not only for lust.***
above with slight
modifications taken from .islam-is-the-only-solution.com
HADITH ABOUT MUTA:
Muta [temporary marriage ] was
practised by people of Arabia .Quran was revealed in stages which took many
years .So many practises was abrogated
in stages of time periods.Muta
was practised but later abrogated.Muta was pratised when women where few in
number but again it was abrogated.
Sahih Al-Bukhari HadithHadith
7.13A Narrated byAbdullah
We used to participate in the
holy battles led by Allah's Apostle and we had nothing (no wives) with us. So
we said, "Shall we get ourselves castrated?"
He forbade us that and then
allowed us to marry women with a temporary contract (2) and recited to us:
"O you who believe! Make not unlawful the
good things which Allah has
made lawful for you, but commit no transgression." (5.87)
Translation of Sahih Muslim,
Book 8, Number 3253
"Rabi' b. Sabra reported
that his father went on an expedition with Allah's Messenger (may peace be upon
him) during the Victory of Mecca, and we stayed
there for fifteen days (i. e.
for thirteen full days and a day and a night), and Allah's Messenger (may peace
be upon him) permitted us to contract
temporary marriage with women.
So I and another person of my tribe went out, and I was more handsome than he,
whereas he was almost ugly. Each one of us
had a cloaks, My cloak was
worn out, whereas the cloak of my cousin was quite new. As we reached the lower
or the upper side of Mecca, we came
across a young woman like a
young smart long-necked she-camel. We said: Is it possible that one of us may
contract temporary marriage with you? She
said: What will you give me as
a dower? Each one of us spread his cloak. She began to cast a glance on both
the persons. My companion also looked at her
when she was casting a glance
at her side and he said: This cloak of his is worn out, whereas my cloak is
quite new. She, however, said twice or thrice:
There is no harm in
(accepting) this cloak (the old one). So I contracted temporary marriage with
her, and I did not come out (of this) until Allah's
Messenger (may peace be upon
him) declared it forbidden. [Sahih Muslim HadithHadith 3252 Narrated bySabrah
ibn Ma'bad al-Juhani also]
Sahih Al-Bukhari HadithHadith
7.52 Narrated byJabir bin Abdullah and Salama bin Al Akwa
While we were in an army,
Allah's Apostle came to us and said, "You have been allowed to do the
Mut'a (marriage), so do it." Salama bin Al-Akwa'
said: Allah's Apostle's said,
"If a man and a woman agree (to marry temporarily), their marriage should
last for three nights, and if they like
to continue, they can do so;
and if they want to separate, they can do so." I do not know whether that
was only for us or for all the people in general.
Abu Abdullah (Al-Bukhari)
said: 'Ali made it clear that the Prophet said, "The Mut'a marriage has
been cancelled (made unlawful)."
Sahih Al-Bukhari HadithHadith
9.90B Narrated byAbdullah
Nafi narrated to me that
'Abdullah said that Allah's Apostle forbade the Shighar. I asked Nafi',
"What is the Shighar?" He said, "It is to marry the
daughter of a man and marry
one's daughter to that man (at the same time) without Mahr (in both cases); or
to marry the sister of a man and marry
one's own sister to that man
without Mahr." Some people said, "If one, by a trick, marries on the
basis of Shighar, the marriage is valid but its
condition is illegal." The same scholar said regarding Al-Mut'a, "The marriage is invalid and its condition is illegal." Some others said, "The
Mut'a and the Shighar are
permissible but the condition is illegal."* note:some people said that it
was legal but it was made clear that it was
not legal.
Ibn Abbas did not see any Harm
in Muta. Ali said it was made illegal.And ibn Abbas clarified his stance.Please
read the following two hadith in context.
------------------------------------------------------------------------------------------------------------------------------------------------
Sahih Al-Bukhari HadithHadith
9.91 Narrated byMuhammad bin Ali
'Ali was told that Ibn 'Abbas
did not see any harm in the Mut'a marriage.'Ali said, "Allah's Apostle
forbade the Mut'a marriage on the Day of the
battle of Khaibar and he forbade
the eating of donkey's meat." Some people said, "If one, by a tricky
way, marries temporarily, his marriage is
illegal." Others said,
"The marriage is valid but its condition is illegal."* note:some
people said that it was legal but it was made clear
that it was not legal.
Al-Tirmidhi HadithHadith 3158
Narrated byAbdullah ibn Abbas
The temporary marriage applied
only in the early days of Islam. A man would come to a settlement where he had
no acquaintance and marry a woman for the
period it was thought he would
stay there, and she would look after his belongings and cook for him. But Ibn
Abbas said that when the verse came
down, "Except their wives
or the captives their right hands possess," intercourse with anyone else
became unlawful.
Tirmidhi transmitted it.
Sahih Al-Bukhari HadithHadith
5.527 Narrated byAli bin Abi Talib
On the day of Khaibar, Allah's
Apostle forbade the Mut'a (i.e. temporary marriage) and the eating of
donkey-meat.
Sahih Al-Bukhari HadithHadith
7.50 Narrated byAli
I said to Ibn 'Abbas,
"During the battle of Khaibar the Prophet forbade (Nikah) Al-Mut'a and the
eating of donkey's meat."
Sahih Al-Bukhari HadithHadith
7.432 Narrated byAli
Allah's Apostle prohibited
Al-Mut'a marriage and the eating of donkey's meat in the year of the Khaibar
battle.
Al-Muwatta Hadith
Hadith 28.41
Temporary Marriage
Yahya related to me from Malik
from Ibn Shihab from Abdullah and Hasan, the sons of Muhammad ibn Ali ibn Abi
Talib from their ather, mayAllah be pleased
with him, that the Messenger of
Allah, may Allah bless him and grant him peace, forbade temporary marriage with
women and the flesh of domestic
donkeys on the Day of Khaybar.
Sunan of Abu-DawoodHadith 2068
Narrated bySaburah ibn Ma'bad al-Juhani
The Apostle of Allah (peace be
upon him) prohibited temporary marriage with women.
Sunan of Abu-DawoodHadith 2105
Narrated byJabir ibn Abdullah
The Prophet (peace be upon
him) said: If anyone gives as a dower to his wife two handfuls of flour or
dates he has made her lawful for him. AbuDawud
said: This tradition has been
narrated by AbdurRahman ibn Mahdi, from Salih ibn Ruman, from AbuzZubayr on the
authority of Jabir as his own statement
(not going back to the
Prophet). It has also been transmitted by AbuAsim from Salih ibn Ruman , from
AbuzZubayr on the authority of Jabir who said:
During the lifetime of the
Apostle of Allah (peace be upon him) we used to contract temporary marriage for
a handful of grain.
Sahih Muslim HadithHadith 3251
Narrated bySalamah ibn al-Akwa'
Allah's Messenger (peace be
upon him) gave sanction for contracting temporary marriage for three nights in
the year of Awtas and then forbade
it.
Some people were unaware of
Muta abrogation.Later they learned about its abrogation.
------------------------------------------------------------------------
Muslim, Book 008, Number 3248:
Ibn Uraij reported: 'Ati'
reported that Jibir b. Abdullah came to perform 'Umra, and we came to his
abode, and the people asked him about different
things, and then they made a
mention of temporary marriage, whereupon he said: yes,we had been benefitting
ourselves by this temporary marriage
during the life time of
prophet [peace be upon him] and during the time of Abu bakr and Umar.
When they learned that it is not
permitted then never resorted to it.
------------------------------------------------------------------------
Sahih Muslim HadithHadith 2874
Narrated byJabir ibn Abdullah
AbuNadrah reported: While I was in the company of Jabir, a person came and said: There is difference of opinion among Ibn Abbas and Ibn Zubayr about
two Mut'ahs (benefits,
Tamattu' in Hajj and temporary marriage with women),
whereupon Jabir said: We have
been doing this during lifetime of Allah's
Messenger (peace be upon him),
and then Umar forbade us to do so, and we
never resorted to them.
Al-Muwatta Hadith
Hadith 28.42
Temporary Marriage
Yahya related to me from Malik
from Ibn Shihab from Urwa ibn az-Zubayr that Khawla ibn Hakim came to Umar ibn
al-Khattab and said, ''Rabia ibn Umayya
made a temporary marriage with
a woman and she is pregnant by him.'' Umar ibn al-Khattab went out in dismay
dragging his cloak, saying, "This
temporary marriage, had I come
across it, I would have ordered stoning and done away with it! "
Muslim, Book 008, Number 3255:
Sabra al-Juhanni reported on
the authority of his father that while he was with Allah's messenger [peace be
upon him]He said:o people,i had permitted
you to contract temporary
marriage with women ,but Allah has forbidden it [now] until day of
ressurection.. So he who has any (woman with this type of
marriage contract) he should
let her off, and do not take back anything you have given to then (as dower).
These are the hadith dealing
with Muta subject,many are repetitions.
Muslim, Book 008, Number 3243:
Muslim, Book 008, Number 3244: Muslim, Book 008, Number 3245:
Muslim, Book 008, Number 3246:
Muslim, Book 008, Number 3247:Muslim, Book 008, Number 3248:
Muslim, Book 008, Number 3252:
Muslim, Book 008, Number 3253: Muslim, Book 008, Number 3255:
Muslim, Book 008, Number 3257:
Muslim, Book 008, Number 3258: Muslim, Book 008, Number 3259:
Muslim, Book 008, Number 3260:
Muslim, Book 008, Number 3261: Muslim, Book 008, Number 3262:
Muslim, Book 008, Number 3263:
Muslim, Book 008, Number 3265: Muslim, Book 008, Number 3266:
Muslim, Book 008, Number 3267:
Muslim, Book 007, Number 2874: Muslim, Book 008, Number 3249:
Muslim, Book 008, Number 3250:
Allah knows best.