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:''This is a sub-article to Islamic Marriage . ''This article is about the marriage form, for other uses, see Mut'ah . Nikāħu l-Mutˤa ( which, according to the Schools of Sharīˤa ( Islam ic law), is a marriage with a preset duration. After this period expires, the marriage is automatically dissolved. This is the most controversial Fiqh topic; Sunnis and Shia hold diametrically opposed views on its permissibility after Muhammad 's era. RULES ''Nikāħu l-Mutˤa'' resembles a Nikāħ "(permanent) marriage" in many, but not all, aspects. It commences in the same way as a Nikāħ except that a date of expiration for the marriage is added to the marriage contract. The duration is decided by the couple involved. There are no restrictions about minimum duration. If the period is longer than what can be reasonably expected to be a lifetime, it will transform into a Nikāħ. During the period of the marriage, the couple are considered husband and wife, just as in a permanent marriage. At the expiration, the marriage is voided without undergoing a Talaq (divorce), and the woman must observe Iddah (a waiting period) before she can marry anyone else. It is considered '' Mustahab '' (recommended) to extend the marriage or to transform it into a permanent one. Differences between Nikāħu l-Mutˤa and Nikāħ Some general rules follow. It is important to note that different '' Marjaˤ '' "authorities" may give different Fatāwa "legal rulings" on some issues. Many of the following rules may be changed in the Islamic Marriage Contract .
( Muwatta 28.6.16 ).
Similarities between Nikāħu l-Mutˤa and Nikāħu
USE OF NIKāħU L-MUTˤA IN EVERYDAY LIFE The ''Nikāħu l-Mutˤa'' has been used in various ways:
QUR'ANIC ORIGIN Most Muslims believe that this institution was established by God through Muhammad in the Qur'an . Its single mention in the Qur'an is verse 4:24. The prominent Sunni exeges Ibn Kathir states in his Tafsir : : اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَـَاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً :"''('So with those among them whom you have enjoyed, give them their required due') was revealed on the subject of the ''Mutˤa'' marriage. A ''Mutˤa'' marriage is a marriage that ends upon a predetermined date."'' Tafsir Ibn Kathir Sunni site . The event of revelation was during the Battle Of Hunayn in 9 ah (631 CE) Muslim 3432 . Tabari in his Tafsir writes under this verse a Hadith from Mujahid: "The phrase 'So for whatever you have had of pleasure (Istamta'tum) with them by the contract means the Temporary Marriage ( Sunni Scholars, however, say 4:24 does not permit temporarry marriage. ''The refutation of this is the fact that prior to this Allaah mentions the women whom a man is forbidden to marry, then he mentions what is permissible for him, and He commands the man to give to the woman he marries her mahr.''- Shaykh Munnajjid (http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=20738&dgn=4) This type of marriage was practised during the time of Muhammad, and Muhammad told a Sahāba to "do it." bukhari 062.052 , and some ''Sahāba'' benefitted from this type of marriage during the time of both ˤUmar and Abū Bakr Muslim 3248 . The full verse is:
Fornication The phrase "taking (them) in marriage not committing fornication" implies that this is the legal alternative to Fornication . "Istamtaˤtum" The phrase ''those whom you profit by'', in Arabic ''istamtaˤtum bihi'', has the same root as ''Mutˤāħ'', that is, ''MTĦ''. The word is usually translated in its general meaning as "those whom ye seek content" or "they whom you have enjoyed". If the word was translated as an Islamic Term , the translation would be: "They with whom you have made Mutˤāħ", or "They whom you have married for a fixed time". : :'' replied: "I swear by God, this is how God revealed it," and Ibn Abbas repeated this statement three times." . Tabari continued: about temporary marriage (Mutˤāħ of women). Ibn Abbās said: "Do you not read 'For whatever you enjoyed (Istamtaˤtum) them by the contract Tabari continues to say that Ubay Ibn Ka'ab also knew that ''tafsir'' ref . Ujūrahunna The phrase "give them their ''dowries'' as appointed" is "''bihi minhunna fātūhunna ujūrahunna farīdatan''". "'''Ujūrahunna''" is derived from ''ajr'' "compensation". This is in contrast to the verse on the subject of Nikāħ , verse 4:4. It states:
The word translated in 4:4 as "dowries" is "saduqātihinna". It is not the same word as used in 4:24, although it is often translated as such. In fact, 4:4 refers to "dowries" while 4:24 refers to "compensation". Furthermore, 4:4 says "dowries as a free gift", while 4:24 says "dowries as appointed". However, this should only be taken as a difference betwen the . "After what is appointed" The section "and there is no blame on you about what you mutually agree ''after what is appointed''" refers to prolonging the marriage or making it permanent, something which is ''mustahab'' "recommended". If this doesn't occur, the wife must observe the '' Iddah '', making it impossible for a woman to engage in a ''Nikāħu l-Mutˤa'' more than six times per year, assuming a menstruation cycle of 20 days. MUSLIMS' VIEW This topic is controversial in the Muslim world. Shia deem it as a blessing revealed in the Qur'an intended to make everyday life easier, while Sunni s view it as haram, or forbidden. Although this is the main Fiqh difference between Shia and Sunnis, it is still merely a fiqh issue and not relevant to the core beliefs. The question is whether Muhammad or Umar abolished it, it does not define whether one is Shi'a or Sunni. In theory, a Sunni could conclude, just like the Shi'a, that it was Umar that forbade ''Nikāħu l-Mutˤa'', in the same way that he forbade Mutˤa Of Hajj , but this knoweldge was lost in history and hence it is '' Halāl '' to engage in one. This would not cause him to become a non-Sunni, in the same manner that Salafi have re-evaluated various laws in Islam. In either case, both Shi'a and Sunni scholars agree that Muhammad comanded it, and the Sahāba practiced it. It has however been met with disbelief from some Sunni individuals when confronted with evidence that the Salaf and early Sunni scholars like Tabari , Ibn Kathir and Imam Muslim belived that Surah 4:24 is about ''Nikāħu l-Mutˤa''. To see the Ahadith that Shi'a and Sunni use to suport their arguments, see Hadiths Related To Nikāħu L-Mutˤa . Sunni view The overwhelming majority of Sunnis have a very unfavorable view of ''Nikāħu l-Mutˤa'', since they believe that it is haram (forbidden). Some compare it to prostitution, a comparison very common in Internet chat communities: Google . This association may be stronger among those who have negative feelings toward Shias in general, and is strongest among those who follow the Salafi school of thought. The prominent Salafi scholar Bin Baaz has introduced a marriage similar to ''Nikāħu l-Mutˤa'', Nikah Misyar , which many Sunnis view as dubious. Shi'a view Muslims in countries that permit ''Nikāħu l-Mutˤa'', such as Iran , have varying views on this form of marriage, depending on how it is used. Some practices are viewed as being more legitimate, while others are viewed as irresponsible. SEE ALSO
REFERENCES General Shia links
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