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Nikah Mut’ah – Misyar: Why is Temporary Marriage Forbidden? By Maulana Ashraf Ali Thanvi

Why is Temporary Marriage (Nikah Mut'ah - Misyar) Forbidden?
  • 1) The practice of Mut’ah, (Misyar) is responsible for corrupting the line of descent and destroying it. With the expiry of the period of Mut’ah, the woman gets out of the hand of the husband and is on her own. No one knows what she will do when she is pregnant. Besides, true, disciplinary observation of ‘Iddah, is possible with much difficulty even in a proper marriage then what can one say of mutah.
  • 2) There is a very detestable possibility that if this practice is allowed to continue the Shari’ah approved marriage will be avoided because most people probably marry to satisfy their sexual urge.
  • 3) If anyone recompenses only for the sexual relationship then he is not fit to be called a human being. It is a very shameful act and a sound heart does not like it. However, in spite of its extreme undesirability, it was allowed in the earlier period of Islam to accommodate those people who could not afford to marry while they had an ever powering sexual urge. It is like the permission given in times of extreme necessity of hunger for instance, a dead body is allowed for eating. Then it was abrogated forever because of its obnoxious nature.

Forbiddance of Temporary Marriage (Mut’ah – Misyar) seen in the Hadith

حدثنا محمد بن عبد الله ابن المنير حدثنا أبي عبد العزيزبن عمر حدثنا الربيع بن سبرة الجهني أن أباه حدثه أنه كان مع رسول الله ﷺ فقال يا أيها الناس اني كنت أذنت لكم في الاستمتاع من النساء ان الله قد حرم ذلك الي يوم القيامة فمن كان عنده منهن شيئ فليخل سبيلها ولا تأخذوا مما اتيتموهن، صحيح مسلم نووي

Sabrah al Juhani reported on the authority of his father that while he was with the Messenger of Allah ﷺ he said, “O people! I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with him with this type of marriage contract) he should let her off. And you should not take back anything of what you have given to them. (Muslim Hadith No. 3255)

حدثنا مالك بن اسماعيل قال حدثنا ابن أنه سمع الزهري يقول أخبرني الحسن بن محمد بن علي و اخره عبد الله من أبيه أن عليا قال لابن عباس أن النبي ﷺ نهي عن المتعة و عن لحوم الحمر الأهلية زمن خيبر ، بخاري و عن سفيان نهي عن النكاح المتعة فتح الباري

Sayyidina Ali (R.A) said to Ibn Abbas (R.A) that the Messenger of Allah ﷺ prohibited on the Day of Khyber the contracting of temporary marriage with women and the eating of the flesh of domestic asses. And it is transmitted by Sufyan that contracting of temporary marriage is already forbidden. (Bukhari)

Intuitive argument against rejection of Temporary Marriage (Mut’ah – Misyar)

Let every noble natured, sensible person, and every chief of his tribe decide for himself what would be the difference between marriage, if the latter was lawful. One does not feel disgraced in telling anyone of the marriage of his daughter or sister to anyone but will any nobleman let anyone know that his mother, daughters, and sisters contracted a certain number of temporary marriages? This argument is sure to non-plus any supporter of Mut’ah and it is certain that though these people accept greetings and congratulations on marriage (in the family), they will not tolerate similar greetings on the temporary marriages of their women relatives. So, this is an intellectual argument and we have already cited theoretical arguments above. Here are some more:

عن علي ابن أبي طالب رضي الله عنه أن النبي ﷺ نهي عن متعة النساء

Sayyidina ‘Ali (R.A) has said that the Holy Prophet ﷺ forbade the contracting of temporary marriage with women. This Hadith is confirmed by Tirmizi and others and all the Companions are agreed on the prohibition of Mut’ah. However, Ibn ‘Abbas (R.A) did confirm the legality of temporary marriage because of ancient national practice and habit but, after a few days, when he learned of the command of Shari’ ah. he relented from his stand and agreed that Mut’ah was disallowed. All the Hanafi, Shafae Maliki Hanbali the Ahl Hadiths and Sufis are agreed that Mut’ah is forbidden.

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Posted in Fatwa, Marriage & Divorce

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