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MUTA

1. What is Nikah
2. What is Muta
3. Quran’s Verdict on Muta
4. How & when did Muta got prohibited
5. Conditions of Muta
6. Muta’s impact on society
7. Hadiths prohibiting Muta
8. Hadiths favouring Muta
9. Conclusion.

1. What is Nikah.
Nikah is a tool with which a man and a woman go into permanent relationship of marriage.
Nikah is valid until now because no other verse descended in Quran to invalidate Nikah.

2. What is Muta.
Muta is a tool to with which a man and a woman go into a temporary timed relationship of marriage. It allows a man and a woman to become a mahram for prescribed amount of time.

3. Quran’s verdict on Muta

Sura-e-Nisa(4:24), Allah SWT says, 'Famas tamtaatum behi min hunna fa atuhunna ujoorahunna faridata.…"

"Allah has allowed for you to do Muta (temporary timed marriage) by going into mutual agreement and after giving them their dowries and it is neither a sin nor an act of fornication if kept the agreement.."

Allah SWT very clearly in the Holy Quran declares that Muta is allowed and is no sin or the act of fornication and there is an agreement involved to perform Muta. It is not the very quick way that you are thinking or have been wrongly informed.

Mutah is valid until now because no other verse descended in Quran to invalidate Muta.

There is no other tool that can make a relationship between man and a woman as ‘Legitimate’.

4. How did Muta got prohibited.

Hazrat Omar declares, "The Mutas as were in force during the time of the Holy Prophet, I decree now both of them as unlawful and will punish those who practice them".
This is recorded in Sunni authentic books Tafsir-e-Kabir, Durra-e-Mantur, Kushshaf-Ma'alimat Tanzil.

This proves that Muta was allowed during the time of the Holy Prophet then in the Khilafat of Hazrat Abubaker and then in the Khilafat of Hazrat Omar until the time this 'Fatwa' was given.

5. The conditions of Muta.

There are very strict conditions for Muta as there are conditions for Nikah.

1. It should be done with a divorcee or a widow.
2. It is haram to do with married women.
3. If required to be done with a virgin girl, the permission form her parents are required.
4. It could not be done with a disbeliever.
5. 'Segha' supplication, to be pronounced in correctly and clearly.
6. Both parties should agree and abide the marriage agreement.
7. The children of the temporary marriage are recognised on precisely the same footing as those of a permanent.
marriage, and enjoy all the legal and canonical and customary rights of children whose paternity is recognised.
8. Iddah, the waiting period, must be observed by the women for the prescribed time after the period of Muta is complete.


Question:
In what way this is different than NIKAH?
In what way it undignifies a relationship?


6. Muta’s impact on society

1. Other than Nikah, this is the only tool that makes a relationship between a man and women legitimate.
2. Stops a person from displeasing Allah SWT if gone into any relationship without Nikah or Muta.
3. Gives protection & assistance to a women for certain period.
4. Gives legitimate rights to the children if borne out of temporary marriage.
5. Couples who went into Muta have also gone into permanent marriage later, thus gives a chance to get into permanent marriages.
6. It preserves dignity of both man and a woman.
7. There is a heavy rise of divorces among Muslims in the west because of social and cultural imbalance mostly due to arranged marriages.
8. Muta gives an opportunity to live together in order to understand each other. Hence youths who get married after Muta have successful marriages.
10. Reduces divorce rate in community.
11. There are Muslims in the west living with their girl friends in universities and campuses which is Haram and displeases Allah (swt). It can make the 'Illegitimate living' to 'Legitimate living'.
10. Muta could be done to develop better understanding between a man and a women and not just for sexual purposes. It is a commitment that allows man and woman to live together and understand each other better. Living together without any commitment (Nikah or Muta) is Haram in Islam.
11. Many Muslim men who cannot save enough to pay for the dowries delay their marriages and indulge in grave sins like adultery. Muta could be a tool to save them from Hell fire as Imam Ali as says:

"If it were not for Umar's prohibition of temporary marriage, no one would commit adultery except a wretched"

12. Muta is not done only for the sexual purposes, as it is widely portrayed. It is used for any reason that require a man and a woman to become a mahram for prescribed amount of time. A man and a woman can do Muta and go on Hajj. It is a requirement for a woman to go with a man as she cannot go alone.

Maliki school of thought holds Muta lawful.

7. Hadiths prohibiting Muta in Sunni books.

Al-Bukhari Volume 5, Book 59, Number 527:
Narrated 'Ali bin Abi Talib:
On the day of Khaibar, Allah's Messenger forbade the Mut'a (i.e. temporary marriage) and the eating of donkey- meat.
Muslim Book 021, Number 4763:
'Ali b. Abi Talib reported that Allah's Messenger (may peace be upon him) forbade on the Day of Khaibar temporary marriage (Muta') with women and the eating of the flesh of domestic asses.

Al-Bukhari Volume 5, Book 59, Number 528:
Narrated Ibn Umar:
On the day of Khaibar, Allah's Messenger forbade the eating of donkey meat and Muta'.

Muslim Book 007, Number 2801:
Abu Nadra reported: Ibn'Abbas commanded the performance of Mut'a putting lhram for 'Umra during the months of Dhu'I-Hijja and after completing it. then putting on Ibrim for Hajj), but Ibn Zubair forbade to do it. I made a mention of it to Jabir b. Abdullih and he said: It is through me that this hadith has been circulated. We entered into the state of Ihram as Tamattu' with the Messenger of Allah (may peace be upon him). When 'Umar was Installed as Caliph, he said: Verily Allah made permissible for His Messenger (may peace be upon him) whatever He liked and as Re liked. And (every command) of the Holy Qur'an has been revealed for every occasion. So accomplish Hajj and Umra for Allah as Allah has commanded you; and confirm by (proper conditions) the marriage of those women (with whom you have performed Mut'a). And any person would come to me with a marriage of appointed duration (Mut'a), I would stone him (to death). Qatada narrated this hadith with the same chain of transmitters saying: (That 'Umar also said): Separate your Hajj from 'Umra, for that is the most complete Hajj, and complete your Umra

Muslim Book 007, Number 2821:
Ghunaim b. Qais said: I asked Sa'd b. Abu Waqqas (Allah be pleased with him) about Mut'a, whereupon he said: We did that, and it was the day when he was an unbeliever living in (one of the) houses of Mecca.

Muslim Book 008, Number 3264:
Malik narrated this hadith on the authority of the same chain of trans- witters that 'Ali b. Abil Talib said to a person: You are a person led astray; Allah's Messenger (may peace be upon him) forbade us (to do Mut'a), as is stated In the hadith transmitted on the authority of Yahya b. Malik

Muslim Book 008, Number 3261:
'Urwa b. Zabair reported that 'Abdullah b. Zubair (Allah be pleased with him) stood up (and delivered an address) in Mecca saying: Allah has made blind the hearts of some people as He has deprived them of eyesight that they give religious verdict in favour of temporary marriage, while he was alluding to a person (Ibn 'Abbas). Ibn Abbas called him and said: You are an uncouth person, devoid of sense. By my life, Mut'a was practised during the lifetime of the leader of the pious (he meant Allah's Messenger, may peace be upon him), and Ibn Zubair said to him: just do it yourselves, and by Allah, if you do that I will stone you with your stones. Ibn Shihab said. Khalid b. Muhajir b. Saifullah informed me: While I was sitting in the company of a person, a person came to him and he asked for a religious verdict about Mut'a and he permitted him to do it. Ibn Abu 'Amrah al-Ansari (Allah be pleased with him) said to him: Be gentle. It was permitted in- the early days of Islam, (for one) who was driven to it under the stress of necessity just as (the eating of) carrion and the blood and flesh of swine and then Allah intensified (the commands of) His religion and prohibited it (altogether). Ibn Shihab reported: Rabi' b. Sabra told me that his father (Sabra) said: I contracted temporary marriage with a woman of Banu 'Amir for two cloaks during the lifetime of Allah's Messenger (may peace be upon him) ; then he forbade us to do Mut'a. Ibn Shihab said: I heard Rabi' b. Sabra narrating it to Umar b. 'Abd al-'Aziz and I was sitting there.

8. Hadiths favouring Muta in Sunni books

The above hadith (3261) tells more about ‘permission’ rather than ‘prohibition’. Ibn Abbas clearly says that it was allowed during the time of the Holy Prophet & he uncouths Zubair and Zubair says that if Ibn Abbas practise then he will stone him. Zubair did not say that, “no! it was prohibited by the Holy Prophet” but instead he says that “if you practice it then I will stone you”. This means that he knew that it was not prohibited but instead he just threatened to use his power against Abbas who confirmed the permission of Muta by the Prophet. Second, there are more hadiths from Ibn Abbas than this Zubair (this is son of Zubair Awwam). When Ibn Abbas said it was practised did he actually lied here. If Zubair is considered as right then Ibn Abbas lied, then what about all the hadiths narrated by Ibn Abbas in Sunni books. Would they be considered correct. If Zubair lied then …..? Note: Zubair is the same companion who fought against Imam Ali in the war of Jamal that killed 10,000 muslims. “ Whoever fights with Ali, fights with me”. “Ali is with truth and truth is with Ali”. Holy Prophet.

Malik Ibn Anas and al-Shafi'i (two of the four Sunni Imams) narrates:
Urwah Ibn Zubair narrated that Khulah Bint Hakim came to Umar Ibn al-Khattab and said: Rabi'ah Ibn Umayyah practiced Mut'a with a woman and the woman has become pregnant from him. Umar became angry and said: "About this Mut'a, had I done (the ban) sooner than this, I would have stoned him."
Sunni references:
- al-Muwatta', by Malik Ibn Anas, on the topic of Mut'a, v2, p30
- Kitab al-Am, by al-Shafi'i, v7, p219
- Sunan al-Kubra, by al-Bayhaqi, v7, p206

Question : The previous hadith is also narrated by Urwah ibn Zubair. How could this narrator narrates a hadith in two different versions one in favour & one against?

Narrated Iyas Ibn Salama on the authority of his father that Allah's Messenger (may peace be upon him) gave sanction for contracting temporary marriage for three nights in the year of Autas (this was after the Battle of Hunain in 8H), and then forbade it.
Sunni references:
- Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3251
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1023, Tradition #18, "Kitab al-Nikah, Bab Nikah al-Mut'a"

Argument is,
1. First the Quranic Ayat is revealed
2. Then Prophet allowed Muta
3. Then Prophet prohibited, at Khaibar, 7H (as per Hadiths)
4. Then allowed it back again during battle of Hunain, 8H (as per Hadiths)
5. Then prohibited it again after Hunain (as per Hadiths)

All these contradictary Hadiths shows that the Holy Prophet SWW came here to misguide (astaghfirullah) rather than guide the masses. Moreover, the last hadith kills all hadiths quoted for Khaibar.

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 of Temporary 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
Question : Do you think this great commentator quoted that without any research work.

Jabir Ibn Abdullah and Salama Ibn al-Akwa' narrated: There came to us the proclaimer of Allah's Messenger (May peace be upon him) and said: "Allah's Messenger has granted you to benefit yourself (Istamta'u), i.e., to contract temporary marriage with women."
Sunni references:
- Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3246
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1022, Tradition #13, "Kitab al-Nikah, Bab Nikah al-Mut'a"

Salama Ibn al-Akwa' and Jabir Ibn Abdullah reported: Allah's Messenger (May peace be upon him) came to us and permitted us to contract temporary marriage.
Sunni references:
- Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3247
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1022, Tradition #14, "Kitab al-Nikah, Bab Nikah al-Mut'a"

Narrated 'Imran bin Husain:
"The Verse of Mut'a was revealed in Allah's Book, so we did it at the time of Allah's Apostle, and nothing was revealed in Quran to make it illegal, nor did the Prophet prohibit it till he died. But a man (who regarded it illegal) expressed what his own mind suggested."
Sunni references:
- Sahih al-Bukhari, Arabic-English, v6, Hadith #43
- Sahih al-Bukhari, Arabic, v2, p375, v6, p34
- Musnad Ahmad Ibn Hanbal, v4, p436 on the authority of 'Imran Ibn al-Qasir

It is interesting to know that in Sahih Muslim as well as in the commentaries of Sahih al-Bukhari and Sahih Muslim it is mentioned that the "man" mentioned in the above tradition ("But a man expressed what he wished") is Umar:

"A person said according to his personal opinion, and it was Umar."
Sunni references:
- Sahih Muslim, English version, v2, chapter CDXLII, Tradition #2825
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p898, Tradition #166.

Also:

"The man intended here is the Caliph Umar Ibn al-Khattab."
Sunni references:
- Fat'h al-Bari fi Sharh Sahih al-Bukhari, by Ibn Hajar Asqalani, v4, p177
- Sharh al-Nawawi on Sahih Muslim, v3, p364, Dar al-Sha'ab print

Narrated 'Abdullah Ibn Masud:
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 (to castrate ourselves) and then allowed us to marry women with a temporary contract (Mut'a) 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)
Sunni references:
- Sahih al-Bukhari, Arabic-English version, v7, Tradition #13a
- Sahih al-Bukhari, Arabic, v6, p11, under Tafsir of verse 5:87 of Quran
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1022, Tradition #11, "Kitab al-Nikah, Bab Nikah al-Mut'a"
- Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3243

Following the above tradition in Sahih Muslim, it is narrated that:
This Hadith has been narrated on the authority of Isma'il with the same chain of transmitters (but the words are): "We were young so we said: "O Allah's Apostle! should we not have ourselves castrated? But he (the narrator) did NOT say we were on an expedition."
Sunni references:
- Sahih Muslim, English version, v2, chapter DXLI (titled: Temporary Marriage), Tradition #3245
- Sahih Muslim, Arabic version, 1980 Edition Pub. in Saudi Arabia, v2, p1022, Tradition #12, "Kitab al-Nikah, Bab Nikah al-Mut'a"

One side comment here is that, based on the above authentic traditions, masturbation is forbidden, otherwise the Prophet (PBUH&HF) would have ordered his companions to masturbate instead of contracting temporary marriage! The above action of the Prophet (PBUH&HF) proves that if one is in danger of fornication, he should contract temporary marriage and avoid masturbation. The prohibition of masturbation is also supported by the verses of Quran.

There are yet more hadiths in the Sunni books that says the Holy Prophet “ordered” Muta at various stages.

When Prophet “say” something that becomes a belief in “Shiite” system. When Prophet “orders” something that becomes a “vital part” in the “Shiite” system. This is the reason “Shia theologians says is a vital part of their belief system”.

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"

... AND THERE ARE MANY MORE..........

THE HADITHS THAT SUPPORT MUTA OUTNUMBER THOSE PROHIBIT.

9. Conclusion.

Muta is legitimate until day-of-judgement because:

1. Quran permits Muta.
2. There is no Ayat that voids Muta.
3. Doesn’t displease Allah by the thus Muta is permitted.
4. The hadiths that permits Muta outnumbers those prohibit.
5. Maliki sunni school holds Muta lawful.
6. Allah’s law was changed by Hazrat Omar, thus doesn’t justify its prohibition.
7. Muta is done under Islamic marriage law & agreement.
8. Muta is done under oath and by witnessing to Allah SWT.
9. Children borne out of Muta are legitimate.
10. Gives a chance to understand a spouse before marriage.

Muta has a very larger meaning and understanding. It is an instrument, a facility and a gift of Allah SWT to Muslims at large. Muta is the only legitimate act (after nikah) that protects a Muslim from committing a shameful act of adultery, which displeases Allah SWT. And gives an opportunity to understand each other.

This is the reason why, Hazrat Ali AS said:

"If it were not for Umar's prohibition of temporary marriage, no one would commit adultery except a wretched". Nahjul-Balagha.

The denial of Muta is the denial of Quranic and the denial of Quran is the denial of Allah.

And how many Muslims would succeed denying Allah’s laws?