Mutah or temporary marriage [TOTW] 25.12.06

[cool_z]

Another of the misunderstood practices of Shi’ism that has often been criticized, especially by some of the moderns, is temporary marriage or Mutah.

It is a definitely established historical fact that at the beginning of Islam, namely between the commencement of the revelation and the migration of the Holy Prophet to Medina, Temporary marriage, called Mutah, was practiced by Muslims along with permanent marriage. As an example one can cite the case of Zubayr al-Sahabi who married Asma, the daughter of Abu Bakr, in a temporary marriage; from this union were born ‘Abdallah ibn Zubayr and ‘Urwah ibn Zubayr. These figures were all among the most famous companions of the Holy Prophet. Obviously if this union were to have been illegitimate and categorized as adultery, which is one of the most grievous sins in Islam and entails heavy punishments, it would never have been performed by people who were among the foremost of the companions.

Temporary marriage was also practiced from the time of the migration until the death of the Holy Prophet. And even after that event during the rule of the first caliph and part of the rule of the second, Muslims continued to practice it until it was banned by the second caliph, who threatened those who practiced it with stoning. According to all the sources the second caliph made the following statement: “There are two Mutahs which existed in the time of the Prophet of God and Abu Bakr which I have banned, and I will punish those who disobey my orders. These two Mutahs are the Mutah concerning the pilgrimage (1) and the Mutah concerning the women.”

Although at first some of the companions and the followers were opposed to this ban by the second caliph, since that time the Sunnis have considered Mutah marriage to be unlawful. The Shi’ites, however, following the teachings of the Imams of the Household of the Prophet, continued to consider it legitimate as it was during the lifetime of the Prophet himself.

In the Qur'an, God says concerning the believers: “And who guard their modesty – Save from their wives or the (slaves) that their right hands possess, for then they are not blameworthy, But whoso craveth beyond that, such are the transgressors” (Qur'an, XXXIII, 5-7). Also, “And those who preserve their chastity save with their wives and those who their right hands possess, for thus they are not blameworthy; But whoso craveth beyond that, those are they who are transgressors” (Qur'an, LXX, 29-31). These verses were revealed in Mecca and from the time of their revelation until Hijrah, it is well known that Mutah marriage was practiced by the Muslims. If Mutah marriage had not been true marriage and women who had married according to it had not been legitimate wives, certainly according to these Qur'anic verses they would have been considered to be transgressors of the law and would have been forbidden to practice Mutah. It is thus clear that since temporary marriage was not forbidden by the Prophet it was a legitimate marriage and not a form of adultery.

The legitimacy of the Mutah marriage continued from the time of the hijrah until the death of the Holy Prophet as this verse, revealed after hijrah, proves, “And those of whom ye seek content (istamta’tum, from the same root as Mutah) (by marrying them), give unto them their portions as a duty (Qur'an, IV, 24). Those opposed to Shi’ism contend that this verse from the “Chapter on Women” was later abrogated, but the Shia do not accept this view. In fact, the words of the second caliph cited above are the best proof that up to the time of his ban such marriages were still practiced. It is inconceivable that if Mutah had been abrogated and forbidden it would have continued to be commonly practiced by Muslims during the lifetime of the Holy Prophet and after his death until the time of the second caliph; that if Mutah had been abrogated no action would have been taken to forbid it. We cannot accept the claim that the only thing that the second caliph did was to put into action an order of prohibition and abrogation of Mutah given by the Holy Prophet, for such a possibility is negated by the clear words of the second caliph. “There are two Mutahs which existed in the time of the Holy Prophet and Abu Bakr which I have banned, and I will punish those who disobey my orders.”

From the point of view of legislation and the preservation of public interest also we must consider the legitimacy of temporary marriage, like that of divorce, one of the noteworthy features of Islam. It is obvious that laws and regulations are executed with the aim of preserving the vital interests of the people in a society and providing for their needs. The legitimization of marriage among mankind from the beginning until today is an answer to the instinctive urge for sexual union. Permanent marriage has been continuously practiced among the different peoples of the world. Yet despite this fact, and all the campaigns and efforts at public persuasion that are carried out against it, there exists throughout the countries of the world, in large and small cities, both hidden and public places where illegitimate sexual union or fornication takes place. This in itself is the best proof that permanent marriage cannot fulfill the instinctive sexual desires of everyone and that a solution must be sought for the problem.

Islam is a universal religion and in its legislation takes all types of human beings into consideration. Considering the fact that permanent marriage does not satisfy the instinctive sexual urge of certain men and adultery and fornication are according to Islam among the deadly of poisons, destroying the order and purity of human life, Islam has legitimized temporary marriage under special conditions by virtue of which it becomes distinct from adultery and fornication and free of their evils and corruptions. These conditions include the necessity for the woman to be single, to become married temporarily to only one man at a time, and after divorce to keep a period during which she cannot be remarried (‘iddah), half of the time that is required after the permanent marriage. The legitimizing of temporary marriage in Islam is done with the aim of allowing within the sacred law possibilities that minimize the evils resulting from the passions of men, which if not channeled lawfully manifest themselves in much more dangerous ways outside the structure of religious law.

[cool_z]

How Do I Do Mutah?
The Mutah Marriage Contract Procedure


Do Your Research


Firstly we would advise you to get acquainted with the background of Mutah and its Islamic legitimacy. There's no substitute for getting your head down and reading about it! So if you haven't yet read up on Mutah please go back to the previous page and start reading! Once you are convinced in your heart that Mutah is indeed a legitimate option in Islam and acceptable before the eyes of God, then move to the next level. . .





Know The Law


It is extremely important for you to now know the laws concerning Mutah. E.g. Are you and your potential spouse eligible to enter into a Mutah marriage contract? Are you aware of your mutual rights and responsibilities? Are you aware of your responsibilities in the event of pregnancy? Have you acquainted yourself with the possibilities of contraception? etc... To look into these matters further please go to the sections on Introduction To Mutah Marriage In Islam, and Mutah & Nikah Law.





Discuss Details With Your Partner


Now that you are well aware of what Mutah entails, it is time to discuss this matter with whom you intend to enter the Mutah contract with. They too need to be comfortable with entering into the Mutah marriage with you. It might help you if you refer them to this site so like you they can also explore the topic.





Mutual Agreement


Once you have mutually agreed that entering a Mutah contract is what you both want you need to discuss 1) The time period for which your Mutah marriage will last, 2) The Mahr 3) Any other conditions you may want to add.

1) You need to mutually agree in clear terms how long the initial Mutah contract will last. This needs to be clear and should not be obscure - because as soon as the time runs out you are no longer halal for each other unless you renew the Mutah and repeat this procedure again.

2) You need to mutually agree on a Mahr. Mahr is the gift that the man gives to his wife as part of the contract. It can be anything, and it is better if it is not extravagant in its value. Some hadith report that some of the Companions of the Prophet would enter into Mutah with a handful of dates or wheat as the Mahr.

3) You can agree to other conditions if you two so wish. It is not obligatory to do this, however, once you do agree to any conditions at this point it becomes obligatory for you to abide by them once you are in the Mutah marriage.





Recite The Seegha (Arabic Formula of Words) To Commence The Mutah


You are now ready to recite the Arabic formula of words, which, once completed, means that you two are now halal for each other in the eyes of God and the Law of Islam. Please note that this procedure can be done by the two persons wanting to enter the Mutah marriage themselves. There is no need for a Wakeel (someone who recites the seegha on your behalf) nor the need for witnesses. However you can opt for a Wakeel and you can also opt for witnesses if you so wish. If you like, you could even put this procedure into writing with both your signatures. These are options if you feel you would prefer it that way - however not necessary for your Mutah to be valid.

The seegha is quite short but must be recited in Arabic. Below you will find the Arabic formula written in English transliteration, along with its meaning. There is also a link to an audio file with the vows for the Mutah marriage recited in Arabic. It has been recited slowly with gaps, so you can repeat after it (if you want to). Otherwise you can just use the text below.



The Vows For The Mutah Marriage (.wav file)



First the lady says:

Zawajtuka nafsi fil muddatil ma'loomati 'alal mahril ma'loom.
Translation: "I married myself to you for the known period and the agreed upon dowry."


Then man replies:

Qabiltu.

Translation: "I accepted."*





Congratulations! That's it! You are now halal for each other for the time period that you agreed!


Best wishes,

The Mutah Matchmaker

Mutah.com

[maroon1]

In Iran if anyone commits adultery will be tortured severely or stoned to death. While "MUTAH" marriage in Iran is normal !!!!!


Personally, I don't see any difference between "MUTAH" marriage and adultery.
The purpose of "MUTAH" marriage and adultery is to satisfy sexual desires, so what is the difference ?

I don't see any reason to use barbaric punishments against anyone who commits adultery in Iran, while the "MUTAH" marriage their is very normal !!!!

[Osiris]

Originally Posted by cool_z

The Vows For The Mutah Marriage (.wav file)

First the lady says:

Zawajtuka nafsi fil muddatil ma'loomati 'alal mahril ma'loom.
Translation: "I married myself to you for the known period and the agreed upon dowry."

Then man replies:

Qabiltu.

Translation: "I accepted."*


Congratulations! That's it! You are now halal for each other for the time period that you agreed!

So it's "Hallal" now! Pathetic.. There is something called brain, these people are missing it..
It's really pathetic this thing. So now what are you doing? Playing the smart against your "God", by stating these sentences?

If you want to have sex, go have it for your God's sake!!!! "God" will not "burn you in hell" if you don't do a Muta !! Come on !!!

Get a life and use this gray matter inside your head!!!

[coralie]

why it is called mout3a ? the name in it self is weird ! mout3a ...? mout3a for who ? eno legal prostitution ?

i agree with maroon 100% .

[shadow1]

From a male perspective, it's a great concept but why complicate it with legalities and paperwork?

[Aroma]

I have heard lots of stories abt the mut3a marriage thing,poor girls who accept such a contract,they all end up crying because guys eventually refuse to marry them officially!what a disaster!don't you girls (who engage in such a bulls*** think) and till when will you accept being manipulated? I really hate this thing...

[coralie]

i wonder is this kind of "trap" or should i call it vicious paper involve only sexual mout3a or does it go further more by giving the woman her rights? , if a baby is concieved will he be legal ?

[METALLICA]

It's a simple contract between two adults, two consenting adults, who agree to have sex. I don't see why this is received that way, maybe the word 'mout3a' is throwing people off a bit.

As far as I know, and I'm no expert on this so correct me if I'm wrong, Zawaj Mut3a can only happen if both the man and the woman agree to it.

Personally, I see nothing wrong there, it's a good thing, you actually have to confirm your consent, although it must be quite the turnoff.

[Stan]

I think Zawaj il Mut3a is one of the most progressive ideas religion has ever offered.
Lets face it:
Sex is fun
Most religions ban premarital sex
Most religious men/women abstain from sex as result
Solution: Zawaj Mut3a, legalizing premarital sex and imposing rules that safeguard the rights of women in case of an undesired pregnancy.

So no its not a "man" law, and no its not playing it smart on god. Its a practical solution to a problem haunting religious and horny men ( and women alike) since the creation of organised religion.