MUTA MARRIAGE

1. Concept of Muta marriage:

The term literally means “pleasure marriage”. Muta marriage is a temporary

agreement for a limited time period, upon which both the parties agreed. There is no
prescribed minimum or maximum time limit, it can be for a day, a month or year(s). The
marriage dissolves itself after the expiration of the decided period, however if no such time
limit was expressed or written, the marriage will be presumed permanent.

No witnesses are required for mut’ah. And just like in any other contract, the woman being a
party can lay down conditions for her sexual union throughout this time limit, this can also
include her daily maintenance. Her temporary husband must respect these conditions. No
matter how short the duration was, the woman has to practice abstinence lasting up to two
menstrual cycles. Interesting part is that, the temporary husband and wife can renew the
contract but the husband must regardless of this pay the amount to the bride. Husband has a
unilateral right to revoke the marriage-mark of his superior position in the relationship. But
the woman can refuse to be intimate with him or even leave him, but in such case, she must
return back the amount she received from him.

2. The Shia View:

In the chapter titled "Women", after listing those women to whom marriage is forbidden,
the Quran states as follows: "Lawful for you is what is beyond all that that you may seek,
using your wealth, in wedlock and not in license. So those of them whom you enjoy, give
them their appointed wages; it is no fault in you in mutually agreeing after fulfillment (of
the wage). God is All-Knowing, All-Wise" (4:24). All Shia scholars and many Sunni
scholars hold that this verse - especially the words: "Such woman as you enjoy (Istamtatum)"
- refers to the permissibility of Muta. The Shia present several arguments to prove this point.
(See Sharh al-Luma, v5, p248-253; Jawahir, v5, p163).
This verse was revealed towards the beginning of the Prophets stay in Medina. By the
revelation of this verse, the temporary marriage became a legal custom in Medina and was
looked upon as one kind of marriage and was referred to by the term Istimtaa, the same word
employed in the Quranic verse - even though the literal meaning of the word is "to seek
benefit" or "to take enjoyment". If one looks up the traditions of the chapter of temporary
marriage in the authentic Sunni collections such as Sahih al-Bukhari and Sahih Muslim, one
can see that the messenger of Allah and his companions exactly used the word Istimtaa when
referring to this contract, which is exactly the same word as what Quran employed.

The context of the verse also indicates that it is referring to the temporary marriage. In the
previous verse, i.e. 4:23, the Quran enumerates the women who are forbidden to men. These
are divided into seven kinds stemming from blood relationship and seven more stemming
from other causes: "Forbidden to you are your mothers and daughters...” The next verse adds
a fifteenth category of women forbidden to men: "And married women, save what your right
hands own." It continues with the words quoted above: "Lawful for you is what is beyond all
that." In other words, any woman not belonging to one of the fifteen categories is permitted,
whether by marriage or ownership. Next the verse states: "that you may seek, using your
wealth, in wedlock and not in license." Grammatically, this clause is in apposition to "what is
beyond all that." It explains the legitimate mode of seeking sexual relationships with women,
whether as the result of marriage or the purchase of slaves. The next part of this same verse
states as follows: "So those of them whom you enjoy, give them their appointed wages." The
word "so" (fa) shows that this part of the verse is either part of the previous subject matter, or
an example of it; in other words, its relation to the previous section is either that of the part
which is completing the whole, or the particular example to the universal principle. And
since the previous section deals with the different kinds of legitimate sexual relationships,
either by marriage or the purchase of slaves, we can conclude that this section of the verse is
the exposition of a further kind of marriage, not mentioned previously; a kind which also
requires that the man pay the wages of his wife.

Many sayings have been related from the Companions of the Prophet and those who
followed them (al-Tabieen) confirming the Shia view that verse 24 of this chapter concerns
Muta. Several of the companions, including Ibn-Abbas, one of the highly respected
companions of the Prophet, Ibn Masud, one of the first to accept Islam, and Ubayy Ibn Kaab,
one of the scribes of the revelation, and many others used to read the verse with three more
words resulting in the sentence of the form: "so those of them whom you enjoy to an
appointed time (ila ajal musamma)." This clearly indicates that the verse refers to Muta.

In Majma al-Bayan, Abu Ali al-Fadl Ibn al-Hasan al-Tabarsi (d. 548/1153), and one of the
Shia commentator of the Quran summarizes the Shia arguments:

The word enjoy in this verse refers to the marriage of Muta, i.e., a marriage for a specified
dower and a determined time period. This opinion has been related from Ibn Abbas and many
of the followers of the Companions such as Ismail Ibn Abdurrahman al-Suddy (d. 127/744-
45) and Said Ibn Jubair al-Asadi (95/713-14). In fact, this clearly must be the case, for
although the words Istimtaa and Muta have the literal meaning of enjoyment, in Shariah
(divine law) they refer to the contract of temporary marriage, especially when they are
followed by the word women. Hence the meaning of the verse is: Whenever you draw up a
contract of Muta with a woman, you must pay her wages. (See Majma al-Bayan, by Abu Ali
al-Tabarsi, v3, p32)

Imam Jafar Sadiq (AS) said: "Muta was approved by the text of the Quran and became part
of the Sunnah of the Prophet." (Wasail al-Shia, v14, p437). Imam Jafar considered the
Quranic verse referred to above (4:24) the basis for Muta. He said: "The verse proves the
permissibility of Muta." (Wasail al-Shia, v14, p439). Once Abu Hanifa, the founder of one of
the four Sunni sects (who was a student of the Imam Jafar before he starts his business),
asked the Imam about Muta. He replied: "Which of the two Muta do you mean?" Abu Hanifa
answered: "I have already asked you about the Muta of the Hajj. So tell me about the Muta of
marriage." The Imam said, "Glory be to God! Have you not read the Quran? So those of
them whom you enjoy, give to them their appointed wages (4:24)." (Wasail al-Shia, v14,
p437). The Imam Jafar (AS) considered Muta a divine mercy by means of which people were
saved from the sin of fornication and delivered from Gods retribution. Concerning the
Quranic verse: "Whatsoever mercy God opens to men, none can withhold (35:2)," the Imam
said: "Muta is part of that mercy." (Wasail al-Shia, v14, p439).

The Shia call Abu Jafar Muhammad al-Tusi (d. 460/1068) the "Elder of the Denomination"
(Shaikh al-Taifa), since he was the first who organized a systematic methodology for
demonstrative jurisprudence (al-Fiqh al-Istidlali). We can conclude this discussion with a
summary of his views on Muta. He writes that the Shia reasons for considering Muta
permissible are as follows:

 The Consensus of the Twelver Shiites

 The words of the Quran: "Marry such women as seen good to you! (4:3)," since
Muta is a kind of marriage, but one which men desire to perform by expending
their property.
 The words of the Quran: "So those of them whom you enjoy, give to them their
appointed wages (4:24)." The word Istimtaa (enjoy), unless otherwise qualified,
signifies temporary marriage.
 Ibn Masuds version of the Quran: It adds the words "to an appointed time" to the
above verse. There is no disagreement over the fact that Muta was allowed at the
beginning of Islam. So those who claim that the verse was abrogated must prove
their assertion. The principle from which discussion must begin is that Muta is
permitted. That it should be forbidden should be proven.

Ismaili view of Muta Marriage:

However, The Ismailis which is another sect of Shia rejects Muta. Modern controversies
over the permissibility of Muta, however, appears to be more or less theoretical, it is not
practised by the Arab Shi'ites of Lebanon and Iraq and even in Iran its social significance
appears to be very slight. If we quote a statement of Imam Jafar Sadik transmitted by
Abbad Yaqub ar-Rawajini (d. 250/864) in which the Imam condemned it as a form of
prostitution, vide Madelung's "The Sources of Ismaili Law" (p. 33). In the Isma`eeli
book “Da`a’im-ul-Islam” volume 2, pages 228 and 229 by their scholar al-Qadi al-
Nu`man al-Maghribi, we list some of the narrations they inherited from their Imams.

 From Rasul-Allah (saw) that he forbade Mut`ah marriage, and from `Ali (as) that he
said: “Marriage is invalid without a custodian and two witnesses, it is not for one
 or two Dirhams, nor is it for (the period of) a day or two, because that would
be unlawful sexual intercourse and there are no conditions in marriage.”

 From Ja`far bin Muhammad (as) that a man asked him concerning the Mut`ah
marriage, Ja`far said: “Describe it for me.” He said: “A man meets a woman and
tells her: I marry you with one or two Dirhams for a period of one or two days.”
Ja`far said: “That is fornication, no one does this except the wicked.”

 Al-Shareef al-Murtada wrote in his book “Al-Fusoul al-Mukhtarah” pg.158, that the
Twelver Shia scholar al-Mufid debated the Isma`eeli Shia scholar ibn Lu’lu’ about
the permissibility of Mut`ah. Ibn Lu’lu’ tells al-Mufid: “Thus Allah most high has
forbidden all Nikah except with the permanent wife or what the right hand
possesses (In Surat Mu’minoun verse 6). If the woman of Mut`ah is neither a
permanent wife nor from what the right hand possesses, then the argument of
those who permit it is invalid.

Zaydi view of Muta marriage:

The Zaydiyyah stick to the prohibition of the Mut`ah marriage and also quote Rasul-
Allah (saw) and their Imams `Ali and his son Zayd and his progeny. In their main book
“Musnad al-Imam Zayd” volume 1 page 271, we read:

 From his father, from his grandfather, from `Ali may Allah be pleased with them:
“There can be no marriage without a custodian and two witnesses, it cannot be for
one or two Dirhams, nor for one or two days such as the unlawful sexual
intercourse, and there are no conditions in marriage.”

 From his father, from his grandfather, from `Ali may Allah be pleased with them:
“Rasul-Allah (saw) has forbidden the Mut`ah marriage on the year of Khyber.”
They also write in one of their four main Fiqhi books “Majmou` al-Fiqh al-Kabeer”
written by their scholar al-Sayyaghi, in volume 4 page 26:
As for al-Baqir and his son al-Sadiq, it was reported in “al-Jami` al-Kafi” from al-Hasan
bin Yahya bin Zayd the jurist of `Iraq, that he said: “The family of Rasul-Allah (saw)
have agreed to dislike Mut`ah and that it is forbidden.” He also said: “The family of
Rasul-Allah (saw) have agreed that marriage is not valid except with a custodian and two
witnesses and a dowry, without any conditions in it.” And Muhammad ibn Mansour said:
“We heard from the Prophet (saw) and `Ali and ibn `Abbas and abu Ja`far al-Baqir and
Zayd bin `Ali and `Abdullah bin al-Hasan and Ja`far bin Muhammad peace be upon
them, that they said: “No marriage without a custodian and two witnesses.”
As for their great Imam Yahya bin al-Husayn bin al-Qasim (d.298 AH) he narrates from
his fathers who were also Imams from Ahlul-Bayt in his book “Al-Ahkam fil-Halal wal-
Haram” pg.351:
My father told me, from his father, that he was asked about Mut`ah marriage, he said:
Mut`ah marriage is not permissible for it was only during an expedition of the Prophet
(saw) then Allah forbade it through his Prophet (saw). It was authentically narrated to us
from Ameer-ul-Mu’mineen `Ali ibn abi Talib (as) that Rasul-Allah (saw) had forbidden
it. As for those who left Islam and permitted fornication (meaning Rafidah) through that
verse (Al-Nisa’ verse 24) {So for whatever you enjoy from them, give them their due
compensation} The enjoyment here is to have intercourse through lawful permanent
marriage and the compensation is the dowry.

The issues regarding Muta Marriage:

 Sistani’s fatwa about Muta Marriage:

Ruling 2439. A temporary marriage that is not for the purpose of deriving sexual
pleasure is valid. However, the woman cannot stipulate a condition that the man must
not derive any sexual pleasure.
Ruling 2440. The obligatory precaution is that a husband must not avoid having sexual
intercourse with his temporary wife, if she is young, for more than four months.

Ruling 2441. If a woman in a temporary marriage stipulates a condition in the marriage

contract that her husband must not have sexual intercourse with her, the contract and the
condition are valid. In such a case, the husband can only derive other forms of sexual
pleasure from her. However, if she later consents to having sexual intercourse, then her
husband can have sexual intercourse with her. The same rule applies in a permanent
marriage.

Ruling 2442. A temporary wife is not entitled to living expenses [to be paid for by the
husband] even if she becomes pregnant.

Ruling 2443. A temporary wife is not entitled to the right of sleeping together [i.e. the
right that was mentioned in Ruling 2435]. She does not inherit from her husband, nor
does her husband inherit from her. And in the event that one or both of them stipulate a
condition [in the marriage contract] that they will inherit [from the other/each other],
then the validity of this condition is problematic, but observing precaution (iḥtiyāṭ) here
must not be abandoned.

Ruling 2444. Even if a woman in a temporary marriage does not know that she is not
entitled to the right of having her living expenses paid for and the right of sleeping
together, the marriage contract is valid. Her ignorance of this does not grant her a right
over her husband.

Ruling 2445. A woman in a temporary marriage can leave the house without the
permission of her husband. However, if the act of leaving the house violates the right of
her husband, then it is unlawful for her to leave the house. And based on recommended
precaution, in case the husband’s right is not violated, she should not leave the house
without his permission.

Ruling 2446. If a woman appoints a man to be her agent for marrying her to himself for
a specified period and a specified amount, and the man marries her to himself in a
permanent marriage, or he marries her for a period or for an amount that is different to
what was specified, then, if the woman consents upon realising this, the marriage
contract is valid; otherwise, it is invalid.

Ruling 2447. If in order to become maḥram a father or a paternal grandfather marries

his non-bāligh daughter/granddaughter or son/grandson to someone for a short period of
time, the marriage contract is valid as long as it is not detrimental. However, if during
the period of the marriage the boy is totally unable to derive sexual pleasure, or, if no
sexual pleasure can be derived from the girl, then the validity of the marriage contract is
problematic [i.e. based on obligatory precaution, it is not valid].

Ruling 2448. If a father or paternal grandfather of a child who resides in a different

place marries the child to someone in order to become maḥram [to that person], not
knowing whether the child is alive or not, then, if the marriage period is such that it is
possible for the boy to derive sexual pleasure from the girl during it, what is apparent
(ẓāhir)(1) is that they become maḥram. However, if it is later realised that the girl was in
fact dead at the time of the marriage contract, then the contract is void and the persons
who had apparently become maḥram will be non-maḥram.

Ruling 2449. If a man gives his wife the remaining period of the marriage, in the event
that he had sexual intercourse with her, he must give her all the dowry that he had
agreed to give her. However, if he did not have sexual intercourse with her, it is
obligatory on him to give her half of it.
Ruling 2450. If a man has a temporary wife whose ʿiddah has not yet finished, he can
contract a permanent marriage with her or marry her again in a temporary marriage.
However, if the period of the temporary marriage has not yet finished and he contracts a
permanent marriage, the marriage contract is invalid unless he first gives her the
remaining period and then contracts the permanent marriage.

 Salafis’ view on Muta Marriage:

I’laam al-Mu’aasireen bi-Fataawa Ibn ‘Uthaymeen – Page 170-

Allaah has prohibited the marriage of mut’ah because the intent behind marriage is the
[building of mutual] affection and permanance [of relationship] and the building of a
[stable] home and family as He (Ta’aala) says:

{And among His Signs is that He created for you wives from among yourselves, that
you may find repose in them, and He has put between you affection and mercy},
[Soorah ar-Room, Aayah 21]
And because the marriage of mut’ah can lead to the ruin of children who are the product
of intercourse in this [type of] marriage, and it can also lead to much mischief and
corruption amongst the ummah; Because of this, Allaah (‘Azza wa Jall) has prohibited it.
And it is authenticated on the authority of the Prophet (saw) that he said:
«Indeed it (marriage of mut’ah) is prohibited right through to the Day of
Judgement», [Transmitted by Muslim, ref.1406]
And this indicates that it is not possible for this prohibition ever to be abrogated because
if [we were to entertain that] it was possible to abrogate it, then [we must also entertain
that] it is possible the Messenger of Allaah is a liar, and this notion is impossible.
  Dar Al Ifta view on Muta Marriage:

Mut'a marriage (i.e. a marriage contract that lasts for a stipulated fixed period) is prohibited
[haram] in Islam.

Mut'a marriage is considered prohibited by the majority of Muslim jurists and consensus of
scholars. Sunni jurists and others who maintained the prohibition of mut'a marriage based their
opinion on numerous evidences from the sunnah including the following:

- At the time of the battle of Khaibar, Ali ibn Abu Talib (may Allah be pleased with him) told
ibn 'Abbas (may Allah be pleased with them): "The Prophet (peace and blessings be upon him)
has forbidden mut'a marriage and eating the flesh of domestic donkeys at the time of the battle of
Khaibar" [recorded in the Sahih of Bukhari).

- The Prophet (peace and blessings be upon him) said: "O people, I permitted you to contract
mut'a marriage with women, but Allah has forbidden it until the Day of Resurrection. Therefore,
whoever is married to a woman [by virtue of a mut’a contract], is to let her go; do not take
anything from what you have given her [as dowry]" [recorded in the Sahih of Muslim).

- Abu Hurairah (may Allah be pleased with him) narrated that when the Prophet (pbuh) arrived at
Thaniyat al-Wada’ valley, he saw lights and heard women crying. Thereupon, he asked, 'What is
that?' People replied, ‘O Messenger of Allah, they are those women whose husbands have left
them after [the stipulated period of their mut’a marriage] has ended.’ He said, 'Mut'a marriage
has been obliterated’ or he said, ‘Mut'a marriage has been prohibited by marriage (nikah),
divorce, and inheritance" [recorded by IbnHibban, Darqutuni, and al-Baihaqi]. The hadith means
that mut’a marriage was prohibited by the legislation of sound marriage, divorce, ‘idda [waiting
period], and inheritance.

Based on this, mut'a marriage is considered a specific kind of marriage and one of the various
kinds of marriages that prevailed at the time of the Jahiliaya [pre-Islamic era]. It was allowed in
Islam (under urgent circumstances), and was later abrogated. It is an invalid form of marriage
that does not make sexual intercourse permissible. This is the opinion maintained by the jurists
of ahlul-sunna and the consensus of Muslim jurists because it is considered a specific kind of
marriage the prohibition of which was mentioned in Prophetic and non-Prophetic reports. When
weighing mut'a marriage against the conditions and integrals of a valid marriage, the former will
be deemed invalid due to the following reasons:

- According to the consensus of Muslims, it lacks the presence of witnesses.

- It includes the stipulation of a time period in the contract. There is a scholarly agreement that
the marriage contract does not admit fixing a time period for the duration of the marriage.

- A mut'a contract is invalidated by uttering the words of mut'a and istimta’ i.e. ‘sexual pleasure’
instead of marriage or nikah. Therefore it lacks the marriage statement sanctioned by Islamic law