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A SUNNI PERSPECTIVE
M U T'A H
Mutah is Haram
Shia Claims
Most Shia of today have a hard time self-justifying the concept of Mutah. In fact, it is a point which causes many of them to doubt their faith, and rightfully so. It is sad that the Shia elders use false rhetoric to demand that their followers reject logic and morality, to instead blindly accept the idea that prostitution is part of Islam. These Shia leaders will make emphatic arguments such as this:
“The Prophet (صلّى الله عليه وآله وسلّم) did Mutah, and he not only allowed it, but actively encouraged it! We must obey the Prophet (صلّى الله عليه وآله وسلّم) in all matters, and we cannot disagree with him based on our own opinions. If the Prophet (صلّى الله عليه وآله وسلّم) did it, then surely we should do it. Whoever says that Mutah is disgusting is saying that the Prophet (صلّى الله عليه وآله وسلّم) is disgusting.”
And some Shia will even go a step further and falsely claim:
“Mutah is even allowed in Sunni Hadith. The only reason Sunnis do not do Mutah is because the second Caliph, Umar, banned Mutah against the orders of the Prophet (صلّى الله عليه وآله وسلّم).” Then, the Shia will procure Sunni Hadith which say that the Prophet (صلّى الله عليه وآله وسلّم) allowed Mutah.”
Mutah Forbidden in Stages
The reality is that Mutah was permissible in the early days of Islam, but was eventually banned categorically by the Prophet (صلّى الله عليه وآله وسلّم). This is very similar to wine, which was at first permissible in Islam, and it was only later in time that the Prophet (صلّى الله عليه وآله وسلّم) forbade it. The prohibitions against wine were expounded slowly over a period of time. In the beginning, drinking wine was permissible and many of the Sahabah did it. Then, the Quran declared that wine was harmful and bad. After some more time, the Quran forbade approaching prayer whilst drunk. After the people had become accustomed to this, it was only then that they were ready so that Allah and His Messenger (صلّى الله عليه وآله وسلّم) completely forbade wine.
Why did the Prophet (صلّى الله عليه وآله وسلّم) first allow wine and then later forbid it? This was only because Islam was revealed in stages, and the faith was going through a transitional period, with the Shariah being expounded during the life-span of the Prophet. If the Prophet (صلّى الله عليه وآله وسلّم) had not banned wine in stages, and instead had he (صلّى الله عليه وآله وسلّم) simply banned wine immediately, it would have been very hard for the early Muslims who were accustomed to wine-drinking, which was a hobby of the pagan Arabs. Many of them were early converts and their faith was weak. They had an addiction to wine, and many of them would become apostates if wine was suddenly banned outright. So, the Prophet (صلّى الله عليه وآله وسلّم) banned wine in gradual stages so that it was easier on the people.
Likewise, Mutah was a hobby of the pagan Arabs. Hence, it was not forbidden in the beginning. This is because Islam was in a transitional stage. The Prophet (صلّى الله عليه وآله وسلّم) initially allowed Mutah on a few occassions because there were many new converts to Islam who had weak faith. They were often in times of war away from their wives, in which their desires got the best of them since they were not accustomed to the chastity of Islam. In order to prevent the apostacy of these new converts over the issue of Mutah, the Prophet (صلّى الله عليه وآله وسلّم) did not forbid Mutah immediately. (And these are the Hadith which the Shia quote to “prove” that Sunnis believe in the permissibility of Mutah.)
Once the Muslims became stronger in faith, the Prophet (صلّى الله عليه وآله وسلّم) categorically banned the practise of Mutah.
Hadith Forbidding Mutah
The Hadith forbidding Mutah are considered Mutawattir, meaning that they have been transmitted so many times and by so many people that there is no doubt as to their authenticity. We are but a few of the many Hadith in which the Prophet (صلّى الله عليه وآله وسلّم) banned Mutah:
The Prophet (صلّى الله عليه وآله وسلّم) said:
“O people, I had permitted you Mutah before, [but now] whoever of you has any part in it currently must part with her, and do not take back anything which you may have given them, as Allah Exalted and Majestic has forbidden it until the day of resurrection.” [Muslim, Abu Dawood, Ibn Majah, Nasa`i, and Darimi]
Ali (رضّى الله عنه) said:
“The Messenger of Allah had forbidden Mutah on the day of Khaybar and had forbidden the eating of the meat of domestic camels.” [Bukhari, Muslim, Tirmizy, Ibn Majah, Nasa`i, Tahawy, Shafi’i, Bayhaqy, and Hazimy]
Ali (رضّى الله عنه) said to a man who was engaging in Mutah:
“You are a straying person, the Messenger of Allah has forbidden temporary marriage and the meat of domestic camels on the day of Khaybar.” [Muslim and Bayhaqy]
A man called Rabee’ Bin Sabra said to Umar bin Abdul Aziz:
“I testify that according to my father that it happened that the Messenger of Allah had forbidden it [Mutah] on the farewell pilgrimage.” [Abu Dawood and Imam Ahmad]
According to Abu Huraira:
The Messenger of Allah had forbidden or abolished temporary marriage, its marriage and its divorce, its waiting period, and its inheritance. [DarQutny, Ishaq Bin Rahwiya, and Ibn Habban]
When Ali (رضّى الله عنه) was given the Caliphate, he thanked Allah Most High and praised Him and sai d:
“O people, the Messenger of Allah had permitted Mutah three times then forbade it. I swear by Allah, ready to fulfil my oath, that if I find any person who engages in temporary marriage without having ratified this with a proper marriage, I will have him lashed 100 stripes unless he can bring two witnesses to prove that the Messenger had permitted it after forbidding it.” [Ibn Majah]
Imam Muslim has narrated that according to Mohammad Bin Abdullah Bin Numayr who said:
“My father had narrated to us according to Ubaidullah according to Ibn shahab according to Alhassan and Abdullah the sons of Mohammad bin Ali according to their father according to Ali that he heard Ibn Abbas being lenient towards temporary marriage, so he said, ‘wait Ibn Abbas, the Messenger of Allah had forbidden it on the day of Khaybar when he also prohibited the meat of domestic camels.’” [Sahih Muslim]
Narrated Salama bin Al-Akwa:
“In the year of Autas, Allah’s Messenger permitted a temporary marriage for three nights, but he prohibited it afterwards.” [Sahih Muslim]
Narrated Ali (رضّى الله عنه):
“Allah’s Messenger forbade the temporary marriage in the year of Khaybar.” [Sahih Muslim and Sahih Bukhari]
Narrated Ali (رضّى الله عنه):
“At the battle of Khaybar, the Prophet forbade the temporary marriage (i.e Mutah) of women, and the eating of the flesh of domestic asses.” [Sahih Bukhari, Sahih Muslim, Ahmad, An-Nasa’i, At-Termidhi and Ibn Majah have all collected it]
It was narrated from Ali (رضّى الله عنه) that:
The Messenger of Allah forbade Mutah marriage and the meat of domestic donkeys at the time of Khaybar. According to another report, he forbade Mutah marriage at the time of Khaybar and he forbade the meat of tame donkeys. [Narrated by Bukhari, 3979; Muslim, 1407.]
It was narrated from al-Rabee’ ibn Sabrah al-Juhanithat his father told him that he was with the Messenger of Allah who said:
“O people, I used to allow you to engage in Mutah marriages, but now Allah has forbidden that until the Day of Resurrection, so whoever has any wives in a Mutah marriage, he should let her go and do not take anything of the (money) you have given them.” [Narrated by Muslim, 1406.]
Sabrah bin Ma’ bad al-Jihani reported:
“I went forth with the Prophet for the conquest of Mecca, and he allowed us Mutah with women. But we had not even left the city [yet] when it was prohibited by the Messenger of Allah.”
The Shorter Encyclopedia of Islam
The Shorter Encyclopedia of Islam also states that Mutah was a common practice among Arab travelers and goes back to the fourth century:
“When a stranger came to a village and had no place to stay, he would marry a woman for a short time so that she would be his partner in bed and take care of his property.”
Caetani also concluded that Mutah in the pagan period was religious prostitution that took place during the occasion of pilgramage.
Thus, Mutah was a loose sexual practice during the pre-Islamic days of ignorance in Arabia. Being an old and established institution, it continued during the early days of Islam. The Prophet (صلّى الله عليه وآله وسلّم) also allowed it temporarily on two other occasions, but only under strict, exceptional conditions during the conquest of Khaybar and during the conquest of Mecca - fearing that those Muslims whose faith was not yet strong might commit adultery during Jihad.
The Shia widely quote Hadith in relation to these events to support their continued belief in Mutah. Sunnis accept these Hadith but add that they happened before all of the revelations of the Quran were revealed and the religion completed. Historians and commentators on the Quran and Hadith agree that Islam eradicated most social evils in a gradual way. It is well known that practices like gambling, drinking, and the eating of pork and blood were common during the early days but were gradually prohibited. Likewise, it seems probable that Mutah was first forbidden to those at Khaybar in the year 7 A.H. and was then completely prohibited to all upon the conquest of Mecca in 8 A.H.
Umar (رضّى الله عنه) Did Not Invent the Ruling on Mutah
The Shia claim that it was Umar (رضّى الله عنه) who forbade the practice of Mutah and that Mutah was openly practiced during the lifetimes of the Prophet (صلّى الله عليه وآله وسلّم) and Abu Bakr (رضّى الله عنه). In fact, Sunnis acknowledge that Umar (رضّى الله عنه) again declared Mutah to be illegal, but they also state that he did not make the ruling from himself. He was merely reiterating the words of the Prophet (صلّى الله عليه وآله وسلّم).
Umar (رضّى الله عنه) was elected Caliph just two and a half years after the Prophet’s death (صلّى الله عليه وآله وسلّم). Present around him were the respected family members and noble companions of the Prophet (صلّى الله عليه وآله وسلّم). Had Umar’s declaration (رضّى الله عنه) been contrary to the Prophet’s practice (صلّى الله عليه وآله وسلّم), a number of these noble people would have objected to it. Yet, nowhere in Islamic history is recorded a single protest against his announcement.
Furthermore, since Umar (رضّى الله عنه) was later succeeded by Uthman (رضّى الله عنه) and then by Ali (رضّى الله عنه), had Umar’s statements (رضّى الله عنه) been contrary to the ruling of the Prophet (صلّى الله عليه وآله وسلّم) at least one of them would have reestablished the sanctity of Mutah. Again, there are no records of such abrogation. Oddly enough, the Shia believe that Ali (رضّى الله عنه) left behind a voluminous book, Nahjul Balagha, wherein he presented various aspects of Islam and the Muslim state. However, not a single word in favor of Mutah is mentioned in it. Had Umar (رضّى الله عنه) been wrong in forbidding Mutah, nothing would have prevented Ali (رضّى الله عنه) from condemning it in his writings.
After the Prophet’s death (صلّى الله عليه وآله وسلّم), there were some people who were unaware of the prohibition of Mutah and thus allowed it. Ibn Abbas (رضّى الله عنه) was one such individual, but he later recanted on this position after Ali (رضّى الله عنه) corrected him. The Shia bring up Ibn Abbas (رضّى الله عنه) to somehow prove that Mutah is Halal. How can this lone opinion of one Sahabah go against the sayings of the Prophet (صلّى الله عليه وآله وسلّم)? Ibn Abbas (رضّى الله عنه) made a sincere mistake, and the reliable reports indicate that he corrected his position later on.
The fact is that in the end the Prophet (صلّى الله عليه وآله وسلّم) forbade Mutah. Perhaps some people might not have been aware of its prohibition and subsequently contracted it after the Prophet’s death; however, when Umar (رضّى الله عنه) found out about it, he made another public declaration against it and enforced the ruling as the Caliph and head of the Islamic state. Abu Bakr (رضّى الله عنه) demanded the people to give Zakat when he became Caliph; does any rational mind claim that it was Abu Bakr (رضّى الله عنه) who invented the obligation of Zakat? There were even some Companions who were of the opinion that Abu Bakr (رضّى الله عنه) should be lenient towards those Zakat evaders, and yet Abu Bakr (رضّى الله عنه) rejected these calls for lenience. Likewise, there were some people who were lenient towards Mutah, especially in light of the fact that there were many new converts in a fast-growing empire, but Umar (رضّى الله عنه) rejected these calls for lenience and instead called for the rigid implementation of the Shariah.
Shia Propaganda
The Shia will produce obscure sources to “prove” their claim that it was Umar (رضّى الله عنه) who forbade Mutah, and not the Prophet (صلّى الله عليه وآله وسلّم). As is typical with the Shia, such obscure sources suddenly become the “authoratative Sunni book”–despite the fact that these are obscure and unreliable sources, and oftentimes these are books written by Shia scholars and have absolutely nothing to do with the Ahlus Sunnah wal Jama’ah.
It is possible that the disagreement surrounding temporary marriage–both back then after the Prophet’s death (صلّى الله عليه وآله وسلّم) and now with our debates with the Shia–revolves around people confusing two homonyms in the Arabic language. “Mutah” is used in two ways:
1) Mutah Al-Nisa: temporary marriage with women
2) Mutah Al-Hajj: A type of religious pilgramage in which one performs a modified version of Umrah and Hajj. The more common name for this type of pilgramage is tamattu’ (and hence the confusion).
Mutah Al-Nisa translates to “pleasure of the women” and this needs no explanation. As for Mutah Al-Hajj, this refers to the pleasure of this modified form of pilgramage. In Mutah Al-Hajj, the Prophet (صلّى الله عليه وآله وسلّم) allowed relaxation of the Ihram and other duties, thereby making the pilgramage more enjoyable and pleasurable to the believer. It is for this reason that it is referred to as Mutah Al-Hajj.
Many of the Hadith that the Shia bring up that use the word “Mutah” are actually referring to Mutah Al-Hajj, and have nothing to do with Mutah Al-Nisa. Thus, a Sunni follower should not be caught off-guard when the Shia propagandists take Hadith out of context, pretending it refers to Mutah Al-Nisa when it really refers to Mutah Al-Hajj. In any case, there are an overwhelming number of Hadith which forbid Mutah Al-Nisa, and the lone opinion of a Sahabah cannot possibly change this opinion. And even this lone opinion stated that Mutah is Makrouh (highly detestable) and only permissible in dire situations of need, unlike the Shia opinion which is that Mutah is Mustahabb (highly recommended) at all times.
We wonder why the Shia even try to justify Mutah by showing that it is even allowed in Sunni Hadith? How does this in any way change the situation? Temporary marriage is immoral. If the Sunnis also believe in Mutah, then it simply means that the Sunnis are immoral too. It does not absolve the Shia from the immoral nature of his own religion which allows Mutah. We hope that the Shia can understand this: proving the Ahlus Sunnah incorrect does not automatically prove the Shia correct. If we agree with the fallacious argument that Sunni Islam also allows Mutah, then we are simply agreeing that both Sunni and Shia religions are immoral. Generally speaking, in the adult world, proving someone else wrong does not prove oneself correct. For example, if the Shia said that 2 plus 2 equals 8, the Shia would not prove themselves correct by showing that the Sunnis were wrong by claiming that 2 plus 2 equals 30.
Furthermore, at most the Shia would be able to say that the Sunni Hadith allows for Mutah only in dire situations of need and that it is Makrouh (highly detestable). (To say even this is a stretch from the truth, since the Ahlus Sunnah forbids Mutah in all circumstances.) On the contrary, the Shia Fiqh encourages Mutah and believes it to be Mutahabb (highly recommended), promising sins to be forgiven to the one who practices it and other such things. Thus, no matter what, the Shia propagandist must explain why his Shia Imams would glorify this hideous institution to the point that they claim that the Prophet (صلّى الله عليه وآله وسلّم) said:
“The man who contracts Mutah once will be saved from the Hellfire. One who contracts it twice will be in the company of virtuous men [in Paradise]. And the one who contracts it three times will be my companion in the highest level of Paradise.” (Al-Kafi)
And there are many more Shia Hadith in this regards. It should be noted that there is a world of difference between accepting Mutah as a dire necessity on the one hand and on the other saying that it is a great deed of piety. At the most the Shia could claim that the Sunnis allow Mutah but consider it Makrouh (highly detestable) whereas the Shia believe it to be Mustahabb (highly recommended). Thereby, proving Mutah from Sunni sources does not absolve the Shia from explaining the moral lapse in the Shia Imams who would declare such an act to be highly recommended.
Conclusion
The fact of the matter is that the Ahlus Sunnah considers Mutah to be Haram (forbidden), and believes this prohibition to be from the Prophet (صلّى الله عليه وآله وسلّم). It is upto the Shia follower to slander the Prophet (صلّى الله عليه وآله وسلّم) by saying that he would allow such a practise to continue. As for the Shia trying to prove that Mutah is Halal even in Sunni Fiqh, we could just as easily prohibit Mutah in the Shia Fiqh by playing around with their Hadith; if one tries hard enough, it is possible to declare anything Halal or Haram with enough word games and singular Hadith out of context. The bottom line, however, is that the Ahlus Sunnah forbids Mutah and the Shia allow it. Now it is upto the Shia to deal with the reprocussions of this, and so they should not be surprised when we question the moral nature of the institution they believe in.
The position of the Ahlus Sunnah on the illegality of Mutah is very clear and definitive: nonetheless, we will be forced to endure the broken record players that incessantly repeat that the Prophet (صلّى الله عليه وآله وسلّم) encouraged Mutah. No matter how many times the Shia claim this, it simply is not true. The fact of the matter is that this argument by the Shia is simply a smoke-screen to hide their guilt over the abundance of their Imam’s sayings which advocate prostitution.
Article Written By: Ibn al-Hashimi, http://www.ahlelbayt.com/
Mutah "temporary marriage"
“Mutah” translates literally to “pleasure” in Arabic. In the Shia context, Mutah refers to a “temporary marriage.” A man pays a woman a sum of money (i.e. a so-called “dowry”) and he can have sexual relations with her for however long they agree for in the Mutah contract. The Mutah time period can be as little as one night, or even one hour–enough time for the man to do the sexual act. For all intents and purposes, Mutah is prostitution: a man pays a sum of money in order to have sexual relations with a woman. Mutah is considered permissible in the Shia faith. It is completely rejected by the mainstream Muslims (i.e. the Ahlus Sunnah wal Jama’ah). The Shia Ayatollahs slander the Prophet by arguing that he encouraged Mutah, whereas the Ahlus Sunnah valiantly rejects such blasphemy and adamantly holds that the Prophet categorically forbade Mutah.
Shi’ism not only allows Mutah but actively encourages it. Naturally, many Shia apologetics have a hard time accounting for this; oftentimes, the Shia laity themselves (especially the women) are in denial as to their own beliefs. The fact is that Shi’ism not only allows Mutah, but it actively encourages it and even forbids anyone from saying that Mutah is wrong. According to Shi’ism, the more Mutah a man engages in, the more reward he supposedly gets. Any person who does not believe in Mutah is considered to be a Kaafir (disbeliever) by the Shia Ulema. There is no debate on this amongst the Shia Ulema, and there is Ijma (consensus) amongst them on the Kufr of denying Mutah.
Al-Kafi is one of the four Shia books of Hadith; of the four, it is considered the most authoratative and authentic. We read one such Sahih Hadith, in which the Imam says:
“One who engages in Mutah once in his lifetime reaches the status of Imam Al-Hussain. One who engages in it twice becomes equal in status to Imam Al-Hasan. The one who performs it three times reaches the position of Imam Ali. And he who practices it four times acquires the level and position of the Prophet Muhammad.”
(Furoo al-Kafi)
This is pure blasphemy to say that all a man has to do to get to the level and position of the Prophet is to have Mutah with four women. To say that a man who engages in prostitution can in any way, shape, or form be compared to the Prophet is heresy.
Here are some more Shia Hadith from Al-Kafi (narrated in al-Kulaini, Furoo al-Kafi, Volume 2, p.196):
1. Abaan Ibn Tulugh related that he said to Imam Jafar as-Sadiq, “Often during my travels I come across a very beautiful woman and I am not sure if she has a husband or if she is an adultress or if she is one of dubious character.” The Imam responded, “Why should you worry about all of these things? Your duty is to believe what she says, and if she says that she has no husband then you should engage in Mutah with her.” (Al-Kafi)
2. Zanaarah said, “I asked the Imam: ‘with how many girls can one do Mutah with?’ He replied, ‘with as many as you like; they are like hired girls.’” (Al-Kafi)
3. “If a man contracts Mutah once in his lifetime, Allah will grant him paradise.” (Al-Kafi)
4. “If a man does Mutah, he is saved from shirk.” (Al-Kafi)
Let us examine another Shia Hadith on the matter of Mutah:
Imam al-Sadiq (as) said: “The one who does not believe in our return [Al-Raj’ah] and does not consider our Mutah to be Halal is not from us.” (al-Bihar, al-Majlisi, v53, p92, Hadith #101)
And another interesting Shia Hadith:
Imam as-Sadiq (as) said: “He who believes in seven things is regarded as a believer: the disavowal of idols and tyrants, the declaration of the divine leadership of the Imams, the belief of Rajaa, legality of Mutah, the illegality of the flesh of eel, and the illegality of passing the wet hands over the slippers (during the ritual ablutions).” (Narrated by Ali bin Ahmed bin Abdullah who narrated to us from his father from his grandfather from Ahmed bin Abi Abdullah al-Barqi from his father from Amr bin Shemr from Abdullah)
These are very peculiar beliefs indeed. How is it that Mutah is considered commendable in Shi’ism? Mutah is nothing other than prostitution. To believe that Mutah is permissible is to negate all the Islamic exhortations in regards to chastity, sexual modesty, and righteousness. Furthermore, it is complete blasphemy against our Prophet to say that he encouraged prostitution. Mutah is Zinnah (fornication); it is immoral and reprehensible.
Article Written By: Ibn al-Hashimi, www.ahlelbayt.com
More Shia Hadith on Mutah
Mutah refers to “temporary marriage”, in which a man pays a woman a set amount of money in order to “marry” her for as long as he wants. This “marriage” can last as little as one hour. By the dictionary definition, this is nothing but prostitution: a set amount of money is paid for sexual services.
Mutah is not only allowed in the Shia religion, but it is actually actively encouraged. Al-Kafi is the most reliable of the four Shia books of Hadith. Here are some Hadith from that book; it should be noted that the Ahlus Sunnah rejects these Hadith as Shia fabrications:
1. The Prophet said, “The man who contracts Mutah once will be saved from the Hellfire. One who contracts it twice will be in the company of virtuous men [in Paradise]. And the one who contracts it three times will be my companion in the highest level of Paradise.” (Al-Kafi)
2. The Prophet said, “The men and women who die without performing Mutah even once in their lives will appear on the Day of Judgment with their ears and nose cut and [their faces] deformed.” (Al-Kafi)
3. Imam Jafar as-Sadiq narrated from the Prophet that “one third of the body is saved from the Hellfire if one contracts mutah once. Two thirds of the body is saved if one contracts Mutah twice, and the whole body is saved from Hell if one contracts Mutah three times.” (Al-Kafi)
4. It is narrated that once the Prophet was sitting among his companions and the discussion came to the topic of mutah. The Prophet said, “Do you know what is the reward of mutah?” The companions answered, “No,” The Prophet then said, “Jibraeel just came to me and said, ‘0 Muhammad, Allah sends His blessings to you and commands you to instruct your Ummah to engage in the practice of Mutah since this is the practice of [Allah’s] virtuous servants.” (Al-Kafi)
Article Written By: Ibn al-Hashimi, www.ahlelbayt.com
Supreme Leader Khamenei on Mutah
Sayyid Ali Khamenei is the current ruler of Iran, and is considered the Supreme Leader by the Shia. There is no person on the earth who is equal in rank to him, according to the Shia. Recently, this Supreme Leader of Iran launched his official website (www.leader.ir), wherein he answers questions and gives Fatwas.
In response to a question about Mutah, Grand Ayatollah Khamenei responded and declared that Mutah (temporary marriage) is not only permissible but rather it is Mustahabb (highly recommended). Ayatollah Khameini said:
“Although mut‘ah marriage is permissible, or rather mustahabb [highly recommended] in our view, it is not obligatory in shar‘[iah].”
(Source: http://www.leader.ir/langs/EN/tree/39/view.php?parent=n6986&catid=39)
Ayatollah and Mutah
Ayatollah Khomeini, the spiritual head of Iran, declared:
“It is permissible to engage in Mutah with a fornicator but with a disliking in one’s heart, especially if she is a well known and professional fornicator. When a person contracts Mutah with her, he should advise her to quit the profession of fornication.”
(source: Tahreer al-Waseelah, Najaf: Matb’ah al-Adab)
The Shia website, Al-Islam.org, backs this opinion and says:
“If a man should contract a temporary marriage with a fornicatress, it is his duty to command her not to perform adultery. But this is not a necessary condition of the marriage…”
(source: http://www.al-islam.org/al-serat/muta/3.htm)
The moral implications of this statement are astonishing. In other words, a man can have sex with a fornicatress. After he’s done having sex with her, he should advise her not to have sex too much? The sheer hypocrisy of this is not lost on the unbiased observor.
The leaders of a religion should be the most pious and righteous amongst the people. Ayatollah Khomeini is considered the Wilayat Mutlaqah, or the Absolute Authority from Allah. He is the sole representative of the Hidden Imam. Our question is simple: would the Absolute Authority from Allah actually say such immoral things?
Aritcle Written By: Ibn al-Hashimi, www.ahlelbayt.com
The Fiqh of Mutah
Mutah is Arabic word which means “enjoyment” or “pleasure.” It refers to the Shia belief in “temporary marriage” in which a man pays a woman and it becomes permissible for the man to have sexual relations with her for a fixed period of time.
The following are Shia Hadith from the most important of the four Shia books of Hadith, Al-Kafi. It is abundantly clear that these so-called Hadith advocate prostitution and Zinnah, and go against the chastity that is a central tenet of true Islam.
- No Divorce or Inheritance Involved in Mutah:
The narrator asked Imam Baqir about the women of Mutah. The Imam said, “She is not among those four [women classified as wives] because she neither needs a divorce, nor is [a child born of her] entitled to any inheritance. She is like a hired woman.” (Al-Kafi)
- No Need for Witnesses or Open Declaration of Mutah:
“There is no need for witnesses or any open declaration in Mutah.” (Al-Kafi)
- The Price of Mutah:
The narrator asked Imam Jafar as-Sadiq, “What should be the minimum compensation for Mutah?” The Imam said, “Anything that the two parties agree upon.” (Al-Kafi)
- The Inexpensiveness of Mutah:
The narrator asked Imam Jafar as-Sadiq what the minimum compensation for Mutah could be, and he answered, “One fistful of wheat.” (Al-Kafi)
- The Least Costly Mutah:
“Mutah is a marriage that may last for a very short time. It needs no witnesses, and it has no period of ‘iddah. The minimum compensation that could be paid to the woman for sexual relations is one dirham.” (Al-Kafi)
- The Convenience of Mutah:
Aban bin Tughlaq related that he said to Imam Jafar as-Sadiq, “Often during my travels I come across a very beautiful woman and am not sure if she has a husband or if she is an adulteress or if she is one of dubious character,” The imam responded, “Why should you worry about all of these things? Your duty is to believe what she engage in Mutah with her.” (Al-Kafi)
- Mutah is Allowed with Women of Dubious Character:
The narrator asked Imam Jafar as-Sadiq, “In al-Kufa there is a woman known for her dubious character. Can I engage in Mutah with her?” The imam said, “Yes, you may engage in Mutah with her.” (Al-Kafi)
- Mutah with Numerous Women:
Zararah said, “I asked the Imam with how many different girls one can contract Mutah. He answered, ‘with as many as one likes. These women are like hired girls.’” (Al-Kafi)
- Numerous Sexual Gratifications in Mutah:
“One my have sexual relations with the woman contracted for Mutah any number of times he desires.” (Al-Kafi)
- An Open License with All Women:
“Mutah is allowed with all types of women. She may be a virgin, married, widowed or may belong to any sect, group or religion. She may be a Christian, Jew or Muslim. However, Mutah with a Majusi (Magian) woman is permissible only when one is helpless.” (Al-Kafi)
- Mutah with One Thousand Women:
“If one desires, he may have Mutah with one thousand women since these are like hired women.” (Al-Kafi)
- Mutah with a Young Girl:
Jameel bin ad-Dari said that he asked Imam Jafar as-Sadiq if Mutah was permissible with a virgin girl. The Imam said, “There is no harm in it if the girl is not too young. However, all of the collectors of hadith agree that a nine-year-old girl is not considered too young.” (Al-Kafi)
- The Commission of Mutah:
Ali asked the Prophet: “What is the reward of the person who participates in the virtuous deed of arranging the mutual meetings of a man and woman?” The Prophet said, “He will receive the same reward as the two who engage in Mutah.” (Al-Kafi)
- Blessings of Mutah:
The Prophet said, “The man who contracts Mutah once will be saved from the Hellfire. One who contracts it twice will be in the company of virtuous men [in Paradise]. And the one who contracts it three times will be my companion in Firdos [the highest level of Paradise].” (Al-Kafi)
- Mutah - A Blessing from Allah:
No one can close the door of blessings which Allah opens for His servants, Imam Jafar as-Sadiq said, “Mutah is one of the blessings of Allah.” (Al-Kafi)
- Mutah - A Security for Paradise:
“If a man contracts Mutah once in his lifetime, Allah will grant him Paradise.” (Al-Kafi)
- Mutah - A Savior from Shirk:
“He who contracts Mutah is saved from Shirk.” (Al-Kafi)
- Mutah - A Pardon from All Sins:
“When a person engages in Mutah, all of his private talking to the woman is recorded as virtues. When he extends his arms towards the woman, this is also written as virtue. When he engages in the sexual act with the woman, Allah forgives all of his sins. When the two take a bath, Allah showers His blessings upon them and forgives their sins equal to the amount of hair [on their bodies].” The narrator inquired in surprise, “Equal to the amount of hair on their bodies?” The imam replied, “Yes, for every one single hair [wet by the water]. But their reward is reduced by the amount of hair that may not be wet.” (Al-Kafi)
- Mutah - A Pardon of Sins for Practicing Women:
It is narrated by Imam Baqir that the Prophet said, “When I was being taken to Heaven during the Mi’raj (ascension), Jibraeel met me and told me, ‘0 Muhammad, Allah has promised to forgive all of the sins of those women who practice Mutah.’” (Al-Kafi)
- Denying Belief in Mutah:
“One who does not believe that we (i.e., the Infallible Imams) will reappear and rule and one who does not believe in the sanctity of Mutah is not from among us.” (Al-Kafi)
- Punishment for Not Performing Mutah:
The Prophet said, “The men and women who die without performing Mutah even once in their lives will appear on the Day of Judgment with their ears and nose cut and [their faces] deformed.” (Al-Kafi)
- Mutah - A Safeguard Against the Hellfire:
Imam Jafar as-Sadiq narrated from the Prophet that “one third of the body is saved from the Hellfire if one contracts Mutah once. Two thirds of the body is saved if one contracts Mutah twice, and the whole body is saved from Hell if one contracts Mutah three times.” (Al-Kafi)
- Mutah - A Deed of Allah’s Virtuous Servants
It is narrated that once the Prophet was sitting among his companions and the discussion came to the topic of Mutah. The Prophet said, “Do you know what is the reward of Mutah?” The companions answered, “No,” The Prophet then said, “Jibraeel just came to me and said, ‘0 Muhammad, Allah sends His blessings to you and commands you to instruct your ummah to engage in the practice of Mutah since this is the practice of [Allah’s] virtuous servants.’” (Al-Kafi)
- Mutah - A Ladder to the Stages of Piety:
“One who engages in Mutah once attains the status of Imam al-Hussain. One who engages in it twice becomes equal in status to Imam al-Hasan. The one who performs it three times reaches the position of Imam Ali. And he who practices it four times acquires the level and position [equal to that] of the Prophet.” (Al-Kafi)
- Great Reward for Women Who Does Mutah For Free:
“For the woman who donates back her compensation to the person who contracts Mutah with her and for the woman who foregoes her dowry, Allah will reward her with 40,000 cities of light and 70,000 dresses of velvet and silk brocade…And Allah will reward her with 70,000 more dresses from Heaven for each quarter of a dirham she donates back… And for each quarter of a dirham Allah will also assign 1,000 angels who will continue writing virtues in her account until the Day of Judgment.” (Al-Kafi)
Mutah and Hypocrisy
The following question was asked on the Shia Chat forum:
Would you give your daughter, sister, or widowed mother for Mutah?
On that site, Hezbullahi–a veteran member of that site–says:
I’m asking this question out of curiosity because the other day a sheikh was telling my friend how good mut’a is and how society needs it etc.. but when my friend asked him (just to test) if he could do mut’a with his daughter he refused and got angry. (Hypocricy if you ask me)
There is a poll on that site, asking whether or not these Shia would give their daughter or widowed mother in Mutah. An astonishing 40% of them said “YES.” (The other 60% are hypocrites of course.) This thread can be found here:
http://www.shiachat.com/forum/index.php?showtopic=17012&st=0
Making a Living from Mutah Prostitution
Using the institution of Mutah, it is very possible for a woman to gain a living by doing Mutah with one man and then immediately marrying another man, and so on and so forth. To the unbiased observor, this woman would be nothing more than a prostitute.
The following question was asked on Al-Islam.org, the authoratative Shia website. The scholar passed the following Fatwa. No comments necessary, as it speaks for itself.
Making a living from Mut’a Marriage
Question:
Is it haram for a woman to make a living at mutah by marrying a man for a short period, receiving a mahr, then observing iddah and marrying another man for a short period and so on so that she is married to say half a dozen men in the year? If it is haram what makes it haram if she is observing the rules for mutah properly? And if it is not haram, does she deserve to be condemned as immoral (or do the men who marry her deserve that)?
Answer:
It is not haram for her to make a living in this way if she follows the rules of Sharia properly. Nor does she deserve to be condemned. This also applies to the men who marry her.
Wasalaam
(source: Al-Islam.org,
http://www.al-islam.org/organizations/AalimNetwork/msg00476.html)
Legalized Whore-Houses in Iran
The Iranian government recently passed legislation which created legal whore-houses, brothels which would be officially liscensed under law as “Chastity Houses.” Such a name is of course the epitome of Orwellian terminology, and the irony of the name should not be lost to anyone.
The Iranian clerics argued that the only way to solve the problem of prostitution is to bring it under state control. In recent weeks, several prominent conservative clerics have proposed that prostitutes be placed in government-run shelters for destitute women to be called “Chastity Houses,” where male customers could briefly “marry” them under the Shia belief of Mutah. These brothels would then be run by the Iranian religious clerics, who would ensure that the couples use contraceptives and protective measures. Proponents of the idea argue that it would “eradicate social corruption” by legitimizing sexual relations between the men and women. Under the plan, the couples would register for a temporary marriage under Iran’s Shia law.
One cleric backing the plan, Ayatollah Mohammed Mousavi Bojnurdi, recently told a newspaper: “We face a real challenge with all these women on the street. Our society is in an emergency situation, so the formation of the Chastity Houses can be an immediate solution to the problem.” He added that the plan “is both realistic and conforms to Sharia [Islamic] law.”
The Cultural Council for Women, a women’s rights group, argue back that such houses would be a “deceitful and thinly disguised” form of prostitution. Reuters recently quoted Shahrbanou Amani, a female parliamentarian, as calling the Chastity Houses “an insult and disrespectful to women.” Particularly discomforting is that there are hundreds of thousands of prostitutes in Tehran alone, and many of them are girls who are poverty-striken and forced into the now legalized prostitution that is so rampant in Iran.
The Mutah Pimps
Adapted from an article written by Dr. Donna M. Hughes who is a Professor and holds the Carlson Endowed Chair in Women’s Studies at the University of Rhode Island.
According to an official source in Tehran, there has been a 635 percent increase in the number of teenage girls in prostitution, or rather, Mutah. The magnitude of this statistic conveys how rapidly this form of abuse has grown. In Tehran, there are an estimated 84,000 women and girls in prostitution, many of them are on the streets, others are in the 250 brothels that reportedly operate in the city. The trade is also international: thousands of Iranian women and girls have been been “contracted in Mutah” to foreigners abroad. The head of Iran’s Interpol bureau believes that the Mutah trade is one of the most profitable activities in Iran today.
High unemployment – 28 percent for youth 15-29 years of age and 43 percent for women 15-20 years of age - is a serious factor in driving restless youth to accept Mutah. The Mutah “pimps” take advantage of any opportunity in which women and children are vulnerable. For example, following the recent earthquake in Bam, orphaned girls have been contracted out in Tehran where Iranian and foreign traders meet.
Popular destinations for girls sent for Mutah are the Arab countries in the Persian Gulf. According to the head of the Tehran province judiciary, Mutah traffickers target girls between 13 and 17, although there are reports of some girls as young as 8 and 10, to send to Arab countries. The number of Iranian women and girls who are deported from Persian Gulf countries indicates the magnitude of the trade.
Police have uncovered a number of Mutah rings operating from Tehran that have sold girls to France, Britain, Turkey, as well. One network based in Turkey bought smuggled Iranian women and girls, gave them fake passports, and transported them to European and Persian Gulf countries. In one case, a 16-year-old girl was smuggled to Turkey, and then sold in Mutah to a 58-year-old European national for $20,000.
In the northeastern Iranian province of Khorasan, local police report that girls are being sold in Mutah to Pakistani men. The Pakistani men temporarily marry the girls, ranging in age from 12 to 20; they are also sent to Mutah brothels called “Kharabat” in Pakistan. One network was caught contacting poor families around Mashad and offering to temporary marry girls. The girls were then taken through Afghanistan to Pakistan where they were sent to Mutah brothels to work. In the southeastern border province of Sistan Baluchestan, thousands of Iranian girls reportedly have been sold in Mutah to Afghani men. Their final destinations are unknown.
One factor contributing to the increase in prostitution and the sex slave trade is the number of teen girls who are running away from home. As a result of runaways, in Tehran alone there are an estimated 25,000 street children, most of them girls. Mutah “pimps” prey upon street children, runaways, and vulnerable high school girls in city parks. In one case, a woman was discovered selling Iranian girls to men in Persian Gulf countries; for four years, she had hunted down runaway girls and sold them. She even sold her own daughter for US$11,000.
In cities, shelters have been set-up to provide assistance for runaways. Officials who run these shelters are often corrupt; they run prostitution rings using the girls from the shelter. For example in Karaj, the former head of a Revolutionary Tribunal and seven other senior officials were arrested in connection with a Mutah prostitution ring that used 12 to 18 year old girls from a shelter called the Center of Islamic Orientation.
Other instances of corruption abound. There was a judge in Karaj who was involved in a network that identified young girls to be sold in Mutah abroad. And in Qom, the center for religious training in Iran, when a Mutah prostitution ring was broken up, some of the people arrested were from government agencies, including the Department of Justice.
Officials of the Social Department of the Interior Ministry are worried about the increase in sexually transmitted diseases. Unlike other Muslim countries which have a relatively low HIV rate in comparison to the rest of the world, Iran is facing a long and hard battle with HIV due to the institution of Mutah, which is not permissible in the Sunni school of thought. At least 500,000 women make their living from Mutah in Iran, and at least 1.7 million women in Iran have engaged in it on a regular basis, according to sources in Tehran.
Shia Hadith: Woman Who Does Mutah Twice Will Become Pure
The Shia book “Mugni”, written by the esteemed Shia scholar Ali ibn Husayn ibn Babaveyh Al Qummi, contains the following narration: From Rasool-Allah: Jibraeel told me, “Ya Muhammad, Allah said: ‘I will forgive a woman from your Ummah who has engaged in Mutah twice.’” (”Mugni”, Ali ibn Husayn ibn Babaveyh Al Qummi, see scan above)
The popular Shia website, Al-Shia.com, has included an entire book on Mutah, entitled “Narrations About the Rewards for Doing Mutah.” This book contains authentic Shia Hadith about Mutah.
In it, we find the following Shia Hadith:
A woman who lets a man do Mutah with her will have all her sins pardoned. It is narrated by Imam Baqir that the Prophet said, “When I was being taken to Heaven during the Miraj (ascension), Jibraeel met me and told me, ‘O Muhammad, Allah has promised to forgive all the sins of those women who practise Mutah.’”
و بهذا الإسناد عن أحمد بن علي كذا عن الباقر (عليه السلام) قال : قال رسول الله (صلّى الله عليه وآله وسلّم) لما أسري بي إلى السماء لحقني جبرئيل فقال يا محمد إن الله عز و جل يقول إني قد غفرت للمتمتعين من النساء
(source: Al-Shia.com,
http://www.al-shia.com/html/ara/index.php,
http://www.al-shia.com/html/ara/lib/lib.php?id=4&page=5)
Logic tells us that any man who believes in this would then give his daughters or sisters in Mutah, in the hopes that they be forgiven and be made pure. Yet, we will not find a single Shia who debates with us that is willing to give his daughter in Mutah. This question seems crude, but perhaps it is the only way to test a man’s belief. The truth is that the Shia masses have a hard time swallowing the concept of Mutah, and they force themselves to rationalize it just so that they can hold onto the belief system they were born with. But when it comes time to “walk the walk”, few are willing to put these beliefs into action. This proves their latent disbelief. Anyone who truly believed in this Shia concept would love to give his daughters or sisters in Mutah, and yet we will never find anyone willing to do this.
It seems that the Shia religion is immoral, and it advocates the exploitation of women via the institution of prostitution. Here, we see the deviant idea that women who give themselves in sexual pleasure to men (the definition of Mutah is literally “pleasure”) will be made pure and forgiven their sins. We wonder: how could fornication and prostitution make anyone pure? Logic tells us that it is nothing but an immoral act.
Al-Shia.com on “Rewards for Doing Mutah”
Shia websites in English usually do a good job of Taqiyyah (lying) and Kitman (hiding), especially in regards to Mutah. The Shia try to downplay Mutah because it gives them a bad image in front of English-speaking Westerners. However, the Shia websites in Arabic and Farsi do not have to take the same precautions and can instead be more open and frank about the Shia belief of Mutah.
The popular Shia website, Al-Shia.com, has an Arabic section; in it, the site has included an entire book on Mutah, titled “Narrations About the Rewards for Doing Mutah.” This book contains authentic Shia Hadith about Mutah.
Here are some Hadith from that book in the original Arabic (also viewable on that website).
The Shia website can be found here: http://www.al-shia.com/html/ara/index.php
As well as here: http://www.al-shia.com/html/ara/lib/lib.php?id=4&page=5
1. “A man should at bare minimum contract Mutah at least once during his lifetime. ”
عن أبي القاسم جعفر بن محمد بن قولويه عن أبيه عن سعد بن عبد الله عن أحمد بن محمد بن عيسى عن ابن أبي عمير عن هشام بن سالم عن أبي عبد الله (عليه السلام) قال : يستحب للرجل أن يتزوج المتعة و ما أحب للرجل منكم أن يخرج من الدنيا حتى يتزوج المتعة و لو مرة
2. “For every shower you take after doing Mutah, you will be blessed. For every Mutah you do, you will get a lot of reward.”
و بهذا الإسناد عن أحمد بن محمد عن موسى بن علي بن محمد الهمداني عن رجل سماه عن أبي عبد الله (عليه السلام) قال : ما من رجل تمتع ثم اغتسل إلا خلق الله من كل قطرة تقطر منه سبعين ملكا يستغفرون له إلى يوم القيامة و يلعنون متجنبها إلى أن تقوم الساعة و هذا قليل من كثير في هذا المعنى
3. “It is blame-worthy to avoid doing Mutah because it is part of the Sunnah to engage in Mutah.”
و بالإسناد عن ابن عيسى عن ابن الحجاج عن العلاء عن محمد بن مسلم عن أبي عبد الله (عليه السلام) أنه قال لي : تمتعت قلت لا قال لا تخرج من الدنيا حتى تحيي السنة
4. “A man may have Mutah with one thousand women.”
و عن أبي بصير أنه ذكر للصادق (عليه السلام) : المتعة هل هي من الأربع فقال تزوج منهن ألفا
5. A woman who lets a man do Mutah with her will have all her sins pardoned. It is narrated by Imam Baqir that the Prophet said, “When I was being taken to Heaven during the Miraj (ascension), Jibraeel met me and told me, ‘O Muhammad, Allah has promised to forgive all the sins of those women who practise Mutah.’”
و بهذا الإسناد عن أحمد بن علي كذا عن الباقر (عليه السلام) قال : قال رسول الله (صلّى الله عليه وآله وسلّم) لما أسري بي إلى السماء لحقني جبرئيل فقال يا محمد إن الله عز و جل يقول إني قد غفرت للمتمتعين من النساء
6. “Punishment for Not Performing Mutah: The people who do Mutah are blessed but those who avoid Mutah are cursed until the Day of Judgement.”
و بهذا الإسناد عن أحمد بن محمد عن موسى بن علي بن محمد الهمداني عن رجل سماه عن أبي عبد الله (عليه السلام) قال : ما من رجل تمتع ثم اغتسل إلا خلق الله من كل قطرة تقطر منه سبعين ملكا يستغفرون له إلى يوم القيامة و يلعنون متجنبها إلى أن تقوم الساعة و هذا قليل من كثير في هذا المعنى
8. “Allah the Exalted and Majestic forbids intoxicants to the Shia; Mutah is the compensation for this.”
- و بهذا الإسناد عن أحمد بن محمد بن الحسن عن موسى بن سعدان عن عبد الله بن القاسم عن عبد الله بن سنان عن الصادق (عليه السلام) قال : إن الله عز و جل حرم على شيعتنا المسكر من كل شراب و عوضهم عن ذلك المتعة
9. The Messenger of Allah said, “When he took me to the skies, Jibraeel (a.s) said : ‘O Muhammad, Allah Almighty said: Amongst the women, I will forgive those who make Mutah twice.’”
و بهذا الإسناد عن أحمد بن علي كذا عن الباقر (عليه السلام) قال : قال رسول الله (صلّى الله عليه وآله وسلّم) لما أسري بي إلى السماء لحقني جبرئيل فقال يا محمد إن الله عز و جل يقول إني قد غفرت للمتمتعين من النساء .
15. Imam Abu Abdullah (a.s) said: “There is no Mutah without two matters defined: time and named wage.”
و بالإسناد عن أحمد بن محمد بن عيسى رواه عن ابن محبوب عن جميل بن دراج عمن رواه عن أبي عبد الله (عليه السلام) : قال لا يكون متعة إلا بأمرين أجل مسمى و أجر مسمى .
Below are 43 narrations on the “Narrations About the Rewards for Doing Mutah”…all from the same book available on Al-Shia.com, the popular Shia website.
روايات في فضل المتعة1- بسم اللّه الرحمن الرحيم 1- عن أبي القاسم جعفر بن محمد بن قولويه عن أبيه عن سعد بن عبد الله عن أحمد بن محمد بن عيسى عن ابن أبي عمير عن هشام بن سالم عن أبي عبد الله (عليه السلام) قال : يستحب للرجل أن يتزوج المتعة و ما أحب للرجل منكم أن يخرج من الدنيا حتى يتزوج المتعة و لو مرة .2- و بهذا الإسناد عن ابن عيسى المذكور عن بكر بن محمد عن الصادق (عليه السلام) حيث سئل عن المتعة فقال : أكره للرجل أن يخرج من الدنيا و قد بقيت خلة من خلال رسول الله (صلّى الله عليه وآله وسلّم) لم تقض .3- و بالإسناد عن ابن عيسى عن ابن الحجاج عن العلاء عن محمد بن مسلم عن أبي عبد الله (عليه السلام) أنه قال لي : تمتعت قلت لا قال لا تخرج من الدنيا حتى تحيي السنة .
4 - و بهذا الإسناد عن أحمد بن محمد عن ابن أشيم عن مروان بن مسلم عن إسماعيل بن الفضل الهاشمي قال : قال لي أبو عبد الله (عليه السلام) ، تمتعت منذ خرجت من أهلك ؟
قلت : لكثرة من معي من الطروقة أغناني الله عنها .قال : و إن كنت مستغنيا فإني أحب أن تحيي سنة رسول الله (صلّى الله عليه وآله وسلّم) .
5- و بالإسناد عن أحمد بن محمد بن خالد عن سعد بن سعد عن إسماعيل الجعفي قال قال أبو عبد الله (عليه السلام) : يا إسماعيل تمتعت العام ?
قلت : نعم . قال : لا أعني متعة الحج . قلت : فما قال متعة النساء ? قال : قلت في جارية بربرية فارهة . قال : قد قيل يا إسماعيل تمتع بما وجدت و لو سندية .
6- و بهذا الإسناد أحمد بن محمد بن عيسى عن علي بن أبي حمزة البطائني عن أبي بصير قال : دخلت على أبي عبد الله (عليه السلام) فقال : يا أبا محمد تمتعت منذ خرجت من أهلك بشيء من النساء ? قال : لا . قال : و لم ? قلت : ما معي من النفقة يقصر عن ذلك .قال : فأمر لي بدينار و قال أقسمت عليك إن صرت إلى منزلك حتى تفعل .قال : ففعلت .
7- و بهذا الإسناد عن أحمد بن محمد بن عيسى عن محمد بن الحسن عن محمد بن عبد الله عن صالح بن عقبة عن أبيه عن الباقر (عليه السلام) قال : قلت للتمتع ثواب ? قال ، إن كان يريد بذلك الله عز و جل و خلافا لفلان ; لم يكلمها كلمة إلا كتب الله له حسنة و إذا دنا منها غفر الله له بذلك ذنبا فإذا اغتسل غفر الله له بعدد ما مر الماء على شعره قال قلت بعدد الشعر قال نعم بعدد الشعر
8 - و بهذا الإسناد عن أحمد بن محمد بن الحسن عن موسى بن سعدان عن عبد الله بن القاسم عن عبد الله بن سنان عن الصادق (عليه السلام) قال : إن الله عز و جل حرم على شيعتنا المسكر من كل شراب و عوضهم عن ذلك المتعة
9- و بهذا الإسناد عن أحمد بن علي كذا عن الباقر (عليه السلام) قال : قال رسول الله (صلّى الله عليه وآله وسلّم) لما أسري بي إلى السماء لحقني جبرئيل فقال يا محمد إن الله عز و جل يقول إني قد غفرت للمتمتعين من النساء .
10- و بهذا الإسناد عن أحمد بن محمد عن موسى بن علي بن محمد الهمداني عن رجل سماه عن أبي عبد الله (عليه السلام) قال : ما من رجل تمتع ثم اغتسل إلا خلق الله من كل قطرة تقطر منه سبعين ملكا يستغفرون له إلى يوم القيامة و يلعنون متجنبها إلى أن تقوم الساعة و هذا قليل من كثير في هذا المعنى .
11- و بهذا الإسناد عن ابن قولويه عن محمد بن يعقوب عن محمد بن يحيى عن أحمد بن محمد عن علي بن الحكم عن بشر بن حمزة عن رجل من قريش قال : بعثت إلىّ ابنة عمه لي لها مال كثير : قد عرفت كثرة من يخطبني من الرجال و لم أزوجهم نفسي و ما بعثت إليك رغبة في الرجال غير أنه بلغني أن المتعة أحلها الله في كتابه و سنها رسول الله (صلّى الله عليه وآله وسلّم) في سنته فحرمها عمر فأحببت أن أطيع الله و رسوله و أعصي عمر فتزوجني متعة فقلت لها حتى أدخل على أبي جعفر (عليه السلام) فأستشيره فدخلت فاستشرته فقال افعل .
12 - و بهذا الإسناد إلى ابن يعقوب عن علي بن إبراهيم عن أبيه عن ابن محبوب عن علي السائي قال : قلت لأبي الحسن (عليه السلام) إني كنت أتزوج المتعة فكرهتها و سئمتها و تشأمت بها فأعطيت الله عز و جل عهدا بين الركن و المقام و جعلت علي كذا نذرا و صياما أن لا أتزوجها ثم إن ذلك شق علي و ندمت على يميني و لم يكن بيدي من القوة ما أتزوج في العلانية . قال فقال لي عاهدت الله أن لا تطيعه و الله لئن لم تطعه لتعصينه .
13- و روى بإسناده إلى ابن قولويه عن علي بن حاتم عن أحمد بن إدريس عن أحمد بن محمد بن عيسى عن السري عن الحسن بن علي بن يقطين قال قال أبو الحسن موسى بن جعفر (عليه السلام) : أدنى ما يجزي من القول أن يقول أتزوجك متعة على كتاب الله و سنة نبيه (صلّى الله عليه وآله وسلّم) بكذا و كذا إلى كذا .
14- و بالإسناد إلى أحمد بن محمد بن عيسى عن رجاله مرفوعا إلى الأئمة (عليه السلام) منهم محمد بن مسلم قال قال أبو عبد الله (عليه السلام) : لا بأس بتزويج البكر إذا رضيت من غير إذن أبيها . و جميل بن دراج حيث سأل الصادق (عليه السلام) عن التمتع بالبكر قال لا بأس أن يتمتع بالبكر ما لم يفض إليها كراهية العيب على أهلها .
15- و بالإسناد عن أحمد بن محمد بن عيسى رواه عن ابن محبوب عن جميل بن دراج عمن رواه عن أبي عبد الله (عليه السلام) : قال لا يكون متعة إلا بأمرين أجل مسمى و أجر مسمى .
16 - و عن محمد بن مسلم الثقفي عن أبي عبد الله (عليه السلام) حيث سأله كم المهر في المتعة قال : ما تراضيا عليه إلى ما شاءا من الأجل
17- و عن محمد بن نعمان الأحول قال قلت لأبي عبد الله (عليه السلام) : ما أدنى ما يتزوج به المتمتع قال بكف من بر .
18- و عن هشام بن سالم عن الصادق (عليه السلام) عن الأدنى في المتعة قال : سواك يعض عليه .
19- و عن أبي بصير عن الصادق (عليه السلام) : في المتعة يجزيها الدرهم فما فوقه .
20- و عن أبي بصير عنه (عليه السلام) : كف من طعام أو دقيق أو سويق أو تمر .
21- و عن ابن بكار عن أبي عبد الله (عليه السلام) : في الرجل يلقى المرأة فيقول لها تزوجيني نفسك شهرا و لا يسمى الشهر بعينه ثم يمضي فبلغها بعد سنين فقال له شهره إن كان سماه فإن لم يكن سماه فلا سبيل له عليها .
22- و عن ابن قولويه عن علي بن حاتم عن أحمد بن إدريس عن ابن عيسى عن ابن محبوب عن محمد بن الفضل عن الحارث بن المغيرة أنه سأل أبا عبد الله (عليه السلام) : هل يجزي في المتعة رجل و امرأتان قال نعم و يجزيه رجل واحد و إنما ذاك لمكان البراءة و لئلا تقول في نفسها هو فجور .
23 - و بهذا الإسناد عن أحمد بن محمد بن عيسى عن علي بن الحكم و محسن عن أبان عن زرارة عن حمران عن أبي عبد الله (عليه السلام) قال : قلت أتزوج المتعة بغير شهود قال لا إلا أن تكون مثلك .
24- و عن ابن قولويه عن أبيه عن سعد عن ابن عيسى عن محمد بن خالد عن القاسم بن عروة عن عبد الحميد عن محمد بن مسلم في المتعة قال : ليس من الأربع لأنها لا تطلق و لا ترث .
25- و عن حماد بن عيسى قال سئل الصادق (عليه السلام) : عن المتعة هي من الأربعة قال لا و لا من السبعين
26- و عن أبي بصير أنه ذكر للصادق (عليه السلام) : المتعة هل هي من الأربع فقال تزوج منهن ألفا .
27- و عن عمر بن أذينة قال قلت لأبي عبد الله (عليه السلام) و البزنطي عن أبي الحسن (عليه السلام) : أنها من الأربع
28- و عن محمد بن فضل عن أبي الحسن (عليه السلام) : في المرأة الحسناء الفاجرة هل يجوز للرجل أن يتمتع بها يوما أو أكثر قال إذا كانت مشهورة بالزناء فلا يتمتع بها و لا ينكحها .
29- و عن الحسن بن جرير قال : سألت أبا عبد الله (عليه السلام) في المرأة تزنى عليها أ يتمتع بها قال أ رأيت ذلك قلت لا و لكنها ترمى به قال نعم يتمتع بها على أنك تغادر و تغلق بابك .
30 - و عن الحسن أيضا عن الصادق (عليه السلام) : في المرأة الفاجرة هل يحل تزويجها قال نعم إذا هو اجتنبها حتى تنقضي عدتها باستبراء رحمها من ماء الفجور فله أن يتزوجها بعد أن يقف على توبتها .
31- و عن محمد بن مسلم عن أبي جعفر محمد بن علي (عليه السلام) : قال من شهر بالزناء أو أقيم عليه حد فلا تزوجه .
32- و عن أبان بن تغلب قال قلت لأبي عبد الله (عليه السلام) : الرجل يتزوج متعة إلى شهر فهل يجوز أن يزيدها في أجرها و يزداد في الأيام قبل أن يقضى أيامه فقال لا يجوز شرطان في شرط قلت و كيف يصنع قال يتصدق عليها بما بقي من الأيام ثم يستأنف شرطا جديدا
33- و عن عمر بن حنظلة عن أبي عبد الله (عليه السلام) قال : أتزوج المرأة شهرا فتريد مني المهر كاملا و أتخوف أن تخلفني قال احبس ما قدرت فإن هي أخلفتك فخذ منها بقدر ما تخلفك
34- عن سماعة عن أبي عبد الله (عليه السلام) قال : قلت له رجل إلى أن قال إنك لا تدخل فرجك في فرجي و تلذذ بما شئت قال ليس له منها إلا ما شرط .
35- و عن عيسى بن يزيد قال كتبت إلى أبي جعفر (عليه السلام) : في رجل تكون في منزله امرأة تخدمه فيكره النظر إليها فيتمتع بها و الشرط أن لا يفتضها فكتب لا بأس بالشرط إذا كانت متعة .
36 - و عن ابن أبي عمير عن بعض أصحابه عن أبي عبد الله (عليه السلام) : قال لا بأس أن يتمتع بالمرأة على حكمه و لكن لا بد أن يعطيها شيئا لأنه إن حدث بها حدث لم يكن له ميراث .
37- و عن أبان بن تغلب عن أبي عبد الله (عليه السلام) : في المرأة الحسناء ترى في الطريق و لا يعرف أن تكون ذات بعل أو عاهرة فقال ليس هذا عليك إنما عليك أن تصدقها في نفسها .
38- و عن جعفر بن محمد بن عبيد الأشعري عن أبيه قال : سألت أبا الحسن (عليه السلام) عن تزويج المتعة و قلت أتهمها بأن لها زوجا يحل لي الدخول بها قال (عليه السلام) أ رأيتك إن سألتها البينة على أن ليس لها زوج تقدر على ذلك .
39- و عن سهل بن زياد عن محمد بن الحسن بن شمون قال : كتب أبو الحسن (عليه السلام) إلى بعض مواليه لا تلحوا في المتعة إنما عليكم إقامة السنة و لا تشتغلوا بها عن فرشكم و حلائلكم فيكفرن و يدعين على الآمرين لكم بذلك و يلعنونا .
40- و عن علي بن يقطين عن أبي الحسن (عليه السلام) في المتعة قال : و ما أنت و ذاك قد أغنى الله عنها قلت إنما أردت أن أعلمها قال هي في كتاب علي (عليه السلام) .
41- و عن الفضل أنه سمع أبا عبد الله (عليه السلام) : يقول في المتعة و نحوها أ ما يستحي أحدكم أن يرى في موضع العورة فيدخل بذلك على صالح إخوانه و أصحابه .
42 - و عن سهل بن زياد عن عدة من أصحابنا أن أبا عبد الله (عليه السلام) قال لأصحابه : هبوا لي المتعة في الحرمين و ذلك أنكم تكثرون الدخول علي فلا آمن من أن تؤخذوا فيقال هؤلاء من أصحاب جعفر (عليه السلام) .قال جماعة من أصحابنا رضي الله عنهم العلة في نهي أبي عبد الله (عليه السلام) عنها في الحرمين : أن أبان بن تغلب كان أحد رجال أبي عبد الله (عليه السلام) و المروي عنهم فتزوج امرأة بمكة و كان كثير المال فخدعته المرأة حتى أدخلته صندوقا لها ثم بعثت إلى الحمالين فحملوه إلى باب الصفا ثم قالوا يا أبان هذا باب الصفا و إنا نريد أن ننادي عليك هذا أبان بن تغلب أراد أن يفجر بامرأة فافتدى نفسه بعشرة آلاف درهم فبلغ ذلك أبا عبد الله (عليه السلام) فقال لهم و هبوها لي في الحرمين .
43- و روى أصحابنا عن غير واحد عن أبي عبد الله (عليه السلام) أنه قال لإسماعيل الجعفي و عمار الساباطي : حرمت عليكما المتعة من قبلي ما دمتما تدخلان علي و ذلك لأني أخاف تؤخذا فتضربا و تشهرا فيقال هؤلاء أصحاب جعفر .
Marriage With the Intention to Divorce
Question:
Anonymous says
“ We Sunnis oftentimes criticize the Shias for their belief in Mutah, and we refer to it as immoral. But one Shia girl responded to this by pointing out that the Sunnis believe in the permissibility of “marriage with the intention to divorce.” In other words, a man can marry a woman with the secret intention that he will divorce her after some time. So isn’t this like Mutah, or even worse than Mutah? At least in Mutah the woman knows and agrees to a temporary arrangement, but in this Sunni version, the woman is in the dark and one day the man will come home and tell her that he divorces her after he has enjoyed her. Therefore, my question is: do we Sunnis actually believe in the permissibility of marriage with the intention to divorce?
The Shia girl showed me a fatwa written by Shaykh Bin Baz, and she also pointed out that Shaykh Bin Baz is the biggest Salafi scholar in recent history. She also said that the Hanafis and Shafi’is hold the same position as well. And she also said that allowing this sort of marriage was “one of the two opinions” held by the Hanbali Ibn Taymiyyah. In other words, according to her, the Salafis, the Hanafis, and the Shafi’is all permit this sort of marriage, as well as Ibn Taymiyyah whom we call Shaykh al-Islam.
If this is true, then aren’t we Sunnis hypocrites for accusing the Shias of being immoral because they practice Mutah, but we allow the exact same thing under the guise of marriage with the intention to divorce?
Answer:
In the Name of Allah, the Most Gracious, the Most Merciful.
I am not a scholar, but I did have a face-to-face discussion on this matter with Shaykh Suhail Hasan, the son of the late Shaykh Abdul Ghaffar Hasan. For those who don’t know who that is, then it should be stated that Shaykh Abdul Ghaffar and Shaykh Bin Baz were very close friends and advisers to each other. I have also discussed the matter with other scholars and students of knowledge, so I will relate to you what I have learned.
The dominant opinion amongst the scholars of Ahl as-Sunnah is that marriage with the intention to divorce is valid but impermissible. At first, this sounds like a contradiction: how can something valid be impermissible? Yes, at first, these two words (validity and permissibility) seem to be synonymous, but this is not the case in the Islamic lexicon. We say that the Nikah (marriage) contract would be valid, and by this we mean that it is a legally binding document as per the laws of the land. However, it is an impermissible action in the eyes of Allah.
This is like all other contractual agreements under the Islamic Shari’ah. A marriage contract requires two witnesses. Similarly, a business contract involving loans also requires two witnesses. Allah Almighty says in the Quran:
“O you who believe! When you contract a debt for a fixed term, record it in writing…and call to witness, from among your men, two witnesses.”
(Quran, 2:282)
Let us imagine that a debtor enters into a contractual agreement with a lender. The two men prepare a written document in which the debtor promises to pay back two hundred dirhams to the lender. If the debtor signs the document but secretly harbors the intention to default on the loan, then we say that the contractual document itself is still valid and binding, but we say that the action of the debtor was impermissible. If six months down the line the debtor confesses to his friend that he never planned to pay back the money, and then this friend informs the authorities about this, then would the state declare the contract null and void? Would the state say that the contract is invalid and that the debtor does not owe the lender any money? No government would operate in this manner. The state would back the validity of the contract and would demand of the debtor that he should change his intention and pay back the loan. In other words, the contract is valid in the eyes of the state, but the action done by the debtor is impermissible and sinful in the eyes of Allah. This is the difference between validity and permissibility.
The same is the case with a man who wishes to marry a woman with the secret intention to divorce her. The Nikah contract would still be valid and legally binding on both parties. In the eyes of the government, man and wife are married. However, the act (i.e. entering a marriage with the intention of divorce) is impermissible in the eyes of Allah, and the scholars have said that it is sinful. If the man confesses to his friend that he married the woman with the intention of divorcing her, and if that friend informs the authorities of that, then the state would insist on the validity of the Nikah contract. The man would be urged to change his intention and to fulfill his vows.
Imagine if the state would suddenly have declared that the Nikah contract was now invalidated. This would certainly make the situation very beneficial to womanizers, who could simply marry women, enjoy them sexually for a few days, and then confess that they had married with the intention of divorce; suddenly, such men would no longer be married and they would be absolved of any obligations to the women at all!
Indeed, invalidating a Nikah contract based on someone’s secret intention poses serious problems. How is it possible to look into peoples’ hearts and judge what their intentions are? For example, a married woman who is having an affair can simply tell the judge that her husband married her with the intention to divorce and thus her Nikah contract is invalid and she should be allowed to marry the other man. How could the judge verify the husband’s intention? There is no way to look inside the man’s heart and reveal his true feelings and intentions. Or what of an angry mother-in-law who wishes to invalidate her son’s marriage by claiming that her son married with the intent to divorce? Or how about an evil-doer who wishes that the punishment of Zinnah be levied on another man by declaring his Nikah contract invalid on the grounds of his alleged secret intention? How could such claims be verified or negated by the state? We find that this is opening up pandora’s box!
This is why the scholars of Ahl as-Sunnah have stated that the Nikah contract is valid in the eyes of the state, but the action is impermissible in the eyes of Allah Almighty. Only Allah the Most Glorious can look into the hearts of people and judge by intention. In this world, men will be judged by the law based on their outward actions, whereas in the next life men will be judged by their inner feelings and intentions. It is quite impossible for human beings to make rulings on what people intend or feel. For example, if a man intends to donate money to a certain charity but he does not end up doing it for some reason, then the government will not be able to reward him for that; he would not be given any tax deduction for that. On the other hand, such a man would get reward from Allah Almighty for his noble intention. This is the difference between limitations of man and the greatness of Allah Almighty.
Two Opinions
The scholars are split into two groups over this issue. Some of them say as I said above, i.e. valid but impermissible. But others hold an even stricter opinion, and they say that marriage with the intention of divorce is both invalid and impermissible. It seems that this difference in opinion existed for a very long time, and I base this on the following Hadith:
Sahih Bukhari, Volume 9, Book 86, Number 91:
…Ali said, “Allah’s Apostle forbade the Mutah marriage on the Day of the Battle of Khaybar and he forbade the eating of donkey’s meat.” Some people said, “If one, by a tricky way, marries temporarily, his marriage is illegal.” Others said, “The marriage is valid but its condition is illegal.”
http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/086.sbt.html#009.086.091
There are therefore two valid opinions on the matter, and neither one of these two views support the permissibility of marriage with the intention of divorce.
Rulings of the Scholars
Shaykh Muhammad Rasheed Rida said:
The fact that the scholars of the earlier and later generations emphatically forbade mut’ah (temporary marriage) implies that marriage with the intention of divorce is haraam, even though the fuqaha’ said that a marriage contract is valid if the husband intends it to be temporary but did not state that as a condition in the marriage contract; but his concealing that is regarded as a betrayal and deceit, and this contract deserves to be annulled more than one in which he stipulated the condition that it be temporary with the agreement of the husband, the wife and the wife’s guardian. This (marriage with the intent to divorce) leads to many evil consequences as it is abusing this great bond which is the greatest of human relationships, and going along with one’s whims and desires. When this condition is not stated clearly, that is cheating and betrayal which leads to other bad consequences such as enmity, hatred and loss of trust even of sincere people who want to get married in the real sense, which means protecting the chastity of both partners and cooperating in establishing a righteous home…
(Fiqh al-Sunnah by al-Sayyid al-Saabiq, 2/39)
islam-qa.com
Shaykh Ibn Uthaymeen, one of the three great Shaykhs, said:
With regard to my opinion on this matter, I say that this marriage contract is a valid contract, but it involves deceit and betrayal, so it may become haraam because of that.
It is deceit and betrayal because the wife and her guardian, if they knew the intention of this husband, and that his intention is to enjoy intimacy with her and then divorce her, they would not adept this marriage. So in that sense he is deceiving and betraying them.
If he tells them that he wants her to stay with him for the duration of his visit to that country, and they agree to that, then this marriage is mut’ah (temporary marriage).
Hence I think that it is haraam, but if anyone goes ahead and does it, then the marriage contract is valid, but it involves sin.
(Liqa’ al-Baab al-Maftooh, Question 1391)
islam-qa.com
And the Shaykh said:
Marriage with the intention to divorce
Answered by: Shaykh Muhammad ibn Saalih al-Uthaymeen
Question:
A man wished to travel abroad because he is a researcher and he desired to maintain his chastity by marrying there for a specified duration of time, then afterwards divorce this woman without informing her that he will soon do so. So what is the ruling regarding this action?
Answer:
This is marriage with the intent to divorce and it is not free from one of two situations; either it will be stipulated in the contract that he will marry her for the duration of a month or a year or until his studies are finished, and this is the marriage of Mut’ah and it is Haraam (Forbidden). Or either he will make intentions to do this without it being stipulated. And that which is well known from the Mathhab of (those who follow) Imaam Ahmad is that it is Haraam (Forbidden) and that the marriage contract is null and void. That is because they say the intention is just like the stipulation and that is based upon the statement of the Prophet (saw) :
“Indeed actions are based upon intentions and everyone will have that which he intended…” (Bukharee and Muslim)
…it is not Mut’ah because the definition of Mut’ah is not applicable to this type of marriage but it is Muharram (forbidden) from the angle that it is deception upon the wife and her family and the Prophet (saw) has made Ghish (Deception) and Khida’a (betrayal) Haraam, and because if the woman was aware of the fact that this man didn’t want to marry her except for this particular duration she would not marry him. And likewise, her family wouldn’t marry her to him. Just like he wouldn’t be pleased with someone marrying his daughter and his intention is to divorce her once his need (for her) has been fulfilled. So how is it that he is pleased for himself to deal with someone else with the likes of that which he would not be pleased with? This opposes Eemaan! Based upon the statement of the Prophet (saw):
“None of you truly believe until you love for your brother what you love for yourself” (from the hadeeth of Anas ibn Maalik found in Bukharee and Muslim)
(Fatawah for the Woman, p.114)
madeenah.com
Shaykh Faisal Mawlawi, Deputy Chairman of the European Council for Fatwa and Research, stated:
Marriage with the intention of divorce is not permissible. However, if one has this intention at the time of contracting the marriage then the marriage itself is valid but the intention is invalid and corrupt and one should renounce it. I find no reason for this intention as the Shari`ah gives the husband the right to divorce the wife if there is a valid reason for terminating the marriage whether he had this intention to divorce from the very beginning or not.
There is no need for or benefit in this intention and I advise any Muslim living in the West to abide by the Shari`ah rulings and do not have the intention of divorce at all as long as he can end the marriage if there is a valid reason for doing so.
islamonline.net
FatwaIslam echoes this view:
Question:
A person is going abroad to study and he wants to protect his chastity there by getting married for a specific period of time. Afterwards, he will divorce his wife although he does not inform her that he is planning on divorcing her after a specific time period. What is the ruling concerning such behaviour?
Answer:
Marriage with the intention of divorce must fall into one of two cases.
First, it is explicitly stipulated in the marriage that the marriage is for a month, a year or until he finishes his studies and so forth. This is known as Mut’ah. This is forbidden.
The second case is where the person has that as his intention [in his heart] but it is not put as a stipulation in the contract. The widespread opinion among the Hanbalis is that that is forbidden and that the contract is void. They say that what is intended is equivalent to what is actually stipulated, since the Prophet (sallallaahu ‘alaihi-wasallam) said, “Indeed actions are based upon intentions and for everyone is what he intended.”
fatwaislam.com
Shaykh al-Islam Ibn Taymiyyah
It is incorrect to state that Shaykh al-Islam permitted marriage with the intention to divorce. On the contrary, he forbade it. The Shia girl you know said it was “one of the two views” of Ibn Taymiyyah. This is a typical deception of the Shia propagandists, and they use this tactic frequently. For example, we read:
Al-Islam.org says
“ In this place [Ghadir Khumm], the following verse was revealed:
“O Apostle! Deliver what has been sent down to you from your Lord; and if you don’t do it, you have not delivered His message (at all); and Allah will protect you from the people …” (Quran 5:67).
Some of Sunni references confirming that the revelation of the above verse of Quran was right before the speech of Prophet in Ghadir Khum:
(1) Tafsir al-Kabir, by Fakhr al-Razi, v12, pp 49-50
source: http://www.al-islam.org/ghadir/incident.htm”
And yet, if we open up this book by Fakhr ar-Razi, then we find that he first lists nine opinions on the matter. He provides nine different possibilities of when this verse was revealed. After first stating the various opinions, he then gives his final verdict on the matter. The opinion that it was revealed about Ali ibn Abi Talib was actually listed by Fakhr ar-Razi as the weakest of the nine opinions, and he discredited it.
What I mean to say here is that the methodology of the classical scholars was that they would first list the various possible opinions, and then they would state their final verdict after having done that. Just because a scholar lists something as a possible opinion, it does not mean that he agrees with it. In fact, this is a very beautiful methodology used by the scholars: it is as if they are thinking aloud. They will narrate to the reader the various views, and then they will explain how they themselves graded each of them and came up with their final verdict on the matter. As for Shaykh al-Islam Ibn Taymiyyah, then he stated that there were two possibilities with regards to marriage with the intention to divorce, i.e. permissible or impermissible. He then established his own final opinion on the matter which was that such marriages were forbidden. Shaykh Ibn Uthaymeen said:
And Shaykh Saalih ibn Muhammad Al Luhaydaan who is the president of the high judiciary committee of major scholars in Riyadh (Saudi Arabia) mentioned in his introduction to the book: “Marriage with the intention to divorce,” that the final opinion of Shaykhul Islaam ibn Taymeeyah supports that fact that this type of marriage is prohibited.
madeenah.org
The Hanbalis
Shaykh Ibn Uthaymeen said:
“The widespread opinion among the Hanbalis is that that is forbidden and that the contract is void.”
fatwaislam.com
The Malikis
We asked Shaykh Muhammad al-`Amwaawi, a Maliki scholar, and he stated that the relied upon position of the Malikis is that such a marriage is valid but impermissible, which is the same view that I have outlined above.
The Shafi’is
Imam an-Nawawi quoted Imam Malik as well as Imam al-Awzaa’ee, another Maliki scholar, declaring that although the Nikah contract was valid, the act itself was detestable and hated.
The Hanafis
Mufti Ebrahim Desai said:
If a temporary marriage is conducted without any statement of time limit, the marriage will be (considered by the law) a permanent one. However, the parties will have to change their intention and be committed to a permanent marriage. They cannot deliberately enter into a marriage with the intention of being temporary partners. If they do so, they will be abusing the sacred institution of Nikah against the purpose it was established for.
Ask-Imam.com
Shaykh Bin Baz
There is no doubt that Shaykh Bin Baz was one of the most eminent scholars of the Ahl as-Sunnah. And yet that does not mean that he (or any other scholar) was infallible. With regards to the Shaykh’s opinion about marriage with intention to divorce, then it is known that his opinion on the matter is considered Shaadh (i.e. an anomaly). An opinion that is considered Shaadh is worse than a weak opinion but rather it is lower than that and considered invalid. A Shaadh opinion is not within the realms of valid ikhtilaf; therefore, it is not a permissible opinion to take by anyone. We love and respect the Ulema as-Sunnah, but we should not be shy to disassociate ourselves from opinions that go against the Quran and Sunnah. One Shaadh opinion cannot possibly overcome the majority opinion of the rest of the Ulema. So we say that Shaykh Bin Baz made a sincere mistake and there is no blame in that.
It is important to remember that the Sunnis do not have popes or ayatollahs with the ability to declare Halal and Haram; that is something we believe only Allah Almighty can do. If someone contradicts Allah’s Laws, we are free to reject those opinions, and in fact, we must do that. At the same time, we should not attack Shaykh Bin Baz, because we know that all great scholars in the past had mistakes and nobody was perfect. Indeed, it is a truism that what defines a good scholar is that out of one hundred rulings, ninety-nine of them will be good and only one of them will be Shaadh. This differs from the poor “scholar” who out of one hundred rulings will have ninety-nine or a hundred Shaadh opinions. We say that Shaykh Bin Baz was of the former group; just because he had a Shaadh opinion on this issue, this does not mean that we can condemn him for that, and if we did that, then we would have to condemn all the great scholars of the past, since so many of them had one or two Shaadh opinions. I truly believe that Allah Almighty showing us the imperfection of even the greatest scholars is His Way of reminding us of His Own Perfection and Supreme Nature.
Yes, we admit that Shaykh Bin Baz did hold this view, but we believe he made a sincere mistake and as such, it is not a proof against Ahl as-Sunnah. The truth is that the Shaykh did not know what the ramifications of his ruling would be, and had he known it, then it is likely that he would not have passed this fatwa. Shaykh Bin Baz only intended his fatwa to be used by a man who was traveling to a far off land for studies for a few years. Bin Baz thought that a man could marry one woman whilst he was there in that land, and after he was done with his studies and left that country, then he could divorce her. Had the Shaykh known that people would abuse his ruling by traveling to various countries for the sole intent of marrying women and doing this multiple times for sexual pleasure, then he would have never passed such a fatwa. This view was alluded to by Shaykh Uthaymeen:
Because I have heard that some of the people have taken this (i.e. fatwa of Shaykh Bin Baz) as a means to another affair which no one (from the people of knowledge [a reference to Shaykh Bin Baz]) has supported and that is they travel to different countries for marriage only! They go to these countries for the sake of marriage and they remain there masha Allaah with this woman whom he has made intentions, in his marriage to her, to be appointed, then return to his homeland. This is also a major prohibition and closing the door in this issue is what is more appropriate and that is because of what it entails of Ghish (deception) and Khida’a (deceit) and Taghreer (seduction with vain hopes) and because it opens the likes of these doors. And because the people are ignorant and most them, their Hawah (desires) won’t prevent them from transgressing the prohibitions of Allaah. And Allaah knows best.
madeenah.com
Shaykh Saalih ibn Muhammad al-Luhaydaan, president of the high judiciary committee of major scholars in Riyadh, told Shaykh Bin Baz that his opinion on the matter was incorrect, as we read in the book “Marriage With Intention to Divorce”:
The fatawas given in support of the permissibility of this type of marriage are not based upon any proof (Daleel), and they have nothing (in them) that would remove this type of marriage from its characteristic of being Haram…And I pointed to the fact, on numerous occasions, of that which occurred between me and His eminence our shaykh ‘Abdul ‘Aziz ibn ‘Abdullaah ibn Baaz and His Eminence ‘Abdur Razzaq Al ‘Afifi in reference to this issue and he wasn’t successful in his response nor in his justification may Allaah pardon him and Have mercy upon him…
madeenah.com
Imam Ahmad explicitly forbade one to look for Rukhas (i.e. exemptions to make life easy) by seeking the Shaadh opinions from amongst the scholars. Sulayman al-Taimi said: “If you were to take allowances of every scholar, all the evil will be gathered in you.” In other words, every scholar has something wrong, and this is the result of being a human being. But what would be evil would be to compile all the wrong points from the various scholars and then follow them, and this is the way of Ahl al-Bidah. So you will find that Ahl al-Bidah will seek to collect all the Shaadh opinions in order to find Rukhas, thereby taking the opinion of one scholar who said that music is Halal, and another opinion of a different scholar who permit shaking hands with women, and another opinion of a scholar who said that Shi’ism is an acceptable fifth Madhab, and another opinion from a scholar who declared that we need to pray three times a day only instead of five. And by doing this, a person would have destroyed his religion.
What the Shias do is look for the Shaadh opinions from amongst the thousands upon thousands of Sunni scholars, and then they say “see, you believe in that too!” This is not, however, a proper way to look at things, especially since Ahl as-Sunnah places such a large importance on the concept of Ijma (consensus). No scholar, no matter how big he is, can compete with the Ijma once it has been established. Likewise, a Shaadh opinion–a viewpoint that has been rejected as invalid by the consensus–cannot be taken as valid, even if it is Shaykh Bin Baz himself who held that view.
The Salafis
The Salafis take the view of either Shaykh Ibn Uthaymeen (valid but impermissible) or the view of the Hanbalis (both invalid and impermissible). After Shaykh Bin Baz passed his ruling on the matter, there were many Salafi scholars who criticized this opinion, as did Shaykh Saalih ibn Muhammad al-Luhaydaan above. In fact, when I opened up the fatwa book in which Shaykh Bin Baz’s ruling on the matter was stated, I turned to the very next page to find that Shaykh Ibn Uthaymeen had over-ruled Shaykh Bin Baz’s opinion. And it is this opinion, that of Ibn Uthaymeen, that has become the dominant opinion amongst the Salafis, and to state otherwise is completely dishonest.
Shaykh Saalih Ibn Fowzaan al-Fowzaan endorsed a book which rejected the permissibility of such marriages:
I have examined the book called “Marriage with the intention to divorce” and its essentials and its principals and its impact by the Noble shaykh the Doctor Ahmad Ibn Musa As Sihli. And I found it to be very beneficial in its subject matter and it will treat this dangerous problem that has emerged between the youth and the people of Ahwah (desires). And I hope that Allaah will benefit with this book and that it will be the reason for those who have involved themselves in problems to return to guidance. And since the emergence of this problem I used to warn against falling into it and I see, marriage with the intent to divorce, to be Haraam and with Allaah is the Tawfeeq and may the Salat of Allaah and His Salaam be upon our Prophet Muhammad and his family and his companions.
madeenah.com
As a strong proof that the Salafis do not hold this type of marriage to be permissible, we remind the reader that the Institute of Islamic Religious Law (based in Mecca) banned marriage with the intent to divorce, because it involves “deception and fraud.” We see that the Institute did not take the Shaadh opinion of Shaykh Bin Baz, but rather took the stance of Shaykh Ibn Uthaymeen. Is there any doubt then on what the Salafi opinion is on the matter?
Conclusion
We conclude with the words of Shaykh Haitham Hamdan, professor at the American Islamic University:
“The majority of contemporary scholars from Ahl us-Sunnah are of the opinion that marriage with the intention of divorce is not permissible.”
The Muslim World League (MWL), which enjoys a category A observer status in the United Nations, was founded by members from over twenty-two Sunni countries. The MWL banned marriages with the intent to divorce. So how is it then that the Shias can even claim that we Sunnis accept this sort of marriage? No, we vehemently reject it! Marriage with the intention to divorce is immoral, and we of the Ahl as-Sunnah reject it like we reject Mutah. The man who marries a woman with the intention of divorce has committed a grave sin, of deceit and of treachery. This act is Haram and sinful in the eyes of Allah.
I hope that I have shed some light on the matter and that I have not erred in any way. I tried with the best of my abilities to transmit to you what I heard from Shaykh Suhail Hasan and others from amongst the Ahl al-`Ilm.
And Allah is the Source of all Strength.
Article Written By: Ibn al-Hashimi, www.ahlelbayt.com
Misyar Marriage is Not Like Mutah
Question:
As-Salam Alaykum,
What is the difference between “Mutah” of the Shia and “Misyar” of the Sunnis? I have heard many Shia defending Mutah by accusing Sunnis of believing in Misyar which they say is a very degrading institution. Can you please tell me what is the difference between the two, and how do we respond to a Shia person who says this?
Answer by Team Ahlel Bayt:
Firstly, the Shia scholars believe in the permissibility of Misyar. So all these silly e-Shia propagandists are making fools of themselves by demonizing Misyar. The permissibility of Misyar marriage has been stated on the official website of Grand Ayatollah Sistani. We read:
Question:
Is it permissible to do Misyar Marriage ? What is opinion of Sayed Sistani regarding this?Answer:
In the Name of Allah, the Beneficent, the Merciful.Assalamu Alaykum
The rules of the marriage are stated in the fatwaa books; hence, if the required conditions are satisfied then it is permissible.
Wa Alaykum Assalam
(source: The Official Website of Grand Ayatollah Sistani)
Secondly, Mutah is temporary and so it is like prostitution. Instead, Misyar is permanent and is therefore a marriage. So this is the fundamental and monumental difference between Mutah and Misyar. In Mutah, a Shia man pays a few dollars to have sex with a whore, and they are “married” for less than one hour. On the other hand, Misyar is permanent and lasts forever. In fact, it is Haram to contract Misyar if you have the intention of divorce. So it is the same as Nikah (i.e. it is Haram to have the intention to divorce when you marry that person).
So what is Misyar? Misyar is simply when the woman voids her right to be financially supported by her husband. This makes common sense: how many of university students today can relate to this? The man is still in university and can therefore not support a girl financially. Instead of getting into a life of sin, the two get married and the woman voids her right to maintenance so that they can get married.
That is all. That is it. Nothing at all similar to Mutah.
Mutah = temporary = prostitution
Misyar = permanent = marriage
This craze to equate Mutah with Misyar is one of the desperate attempts of the Shia propagandists to conflate simple issues, just like they conflate abrogation with Tahreef. This is to hide their embarrassment over their filthy religion which allows women to be rented by the hour.
Another major difference between Misyar and Mutah is that the Sunni scholars have stated that Misyar is discouraged whereas the Shia scholars actively encourage Mutah, claiming that a woman who whores herself out in Mutah to two men will be forgiven all her sins and enter Paradise.
Once again, there is absolutely no comparison between Misyar (which is permanent) to Mutah (which is temporary and can last for even one hour or one day).
www.ahlelbayt.com
In Mutah, Man Does Not Provide Support to Woman Nor Child
According to the Shia Fiqh, a man who has Mutah with a woman is not obligated to provide for her at all. In fact, even if she gets pregnant, the man still does not need to provide! We find the following Fatwa issued by Ayatollah Sistani on Al-Islam.org:
“2433. A woman with whom temporary marriage is contracted, is not entitled to subsistence even if she becomes pregnant.”
(source: Ayatollah Sistani, Al-Islam.org,
http://www.al-islam.org/laws/marriage2.html)
Even if the woman thought she would be provided for, she still has no right to claim any subsistence from the man. We find the following statement by Ayatollah Sistani (emphasis is ours):
“2435. If a woman with whom temporary marriage is contracted, did not know that she was not entitled to any subsistence and sharing her husband’s conjugal bed, still her marriage will be valid, and inspite of this lack of knowledge, she has no right to claim anything from her husband.”
(source: Ayatollah Sistani, Al-Islam.org,
http://www.al-islam.org/laws/marriage2.html)
Both of these religious edicts are confirmed by Grand Ayatollah Lankarani on his official website:
“2569. A woman, with whom temporary marriage is contracted, is not entitled to subsistence even if she becomes pregnant.
“2571. If a woman with whom temporary marriage is contracted, did not know that she was not entitled to any subsistence and sharing her husband’s conjugal bed, still her marriage will be valid, and in spite of this lack of knowledge, she has no right to claim anything from her husband.”
(source: Grand Ayatollah Lankarani’s official website,
http://www.lankarani.com/eng/index.html)
So we wonder how in the world this is a marriage at all? The reality is that the woman is nothing more than a prostitute who is provided a small fee at the start of the Mutah period, and that is it. It defies logic and common sense that anybody would refer to this as a marriage at all. A man can literally have sex with a woman, and even if she gets pregnant as a consequence, the man does not need to provide for her or the child! The manner in which Shia law allows men to enjoy sexual relations surpasses even the civil laws of the Westerners who at least demand that a boyfriend pay child support in case his girlfriend gets pregnant.
Article Written By: Ibn al-Hashimi, www.ahlelbayt.com
USA Today: ‘Pleasure Marriages’ (Mutah) Regain Popularity in Iraq
‘Pleasure marriages’ regain popularity in Iraq
By Rick Jervis, USA TODAY
BAGHDAD — In the days when it could land him in jail, Rahim Al-Zaidi would whisper details of his muta’a only to his closest confidants and the occasional cousin. Never his wife.
Al-Zaidi hopes to soon finalize his third muta’a, or “pleasure marriage,” with a green-eyed neighbor. This time, he talks about it openly and with obvious relish. Even so, he says, he probably still won’t tell his wife…
Pleasure marriages were outlawed under Saddam Hussein but have begun to flourish again. The contracts, lasting anywhere from one hour to 10 years, generally stipulate that the man will pay the woman in exchange for sexual intimacy. Now some Iraqi clerics and women’s rights activists are complaining that the contracts have become…an outlet for male sexual desires.
The renaissance of the pleasure marriage coincides with a revival of other Shiite traditions long suppressed by the former regime. Interest in Shiite customs has accelerated since Shiite parties swept Jan. 30 elections to become the biggest bloc in the new National Assembly.
“Under Saddam, we were very scared,” says Al-Zaidi, 39, a lawyer from Sadr City, a sprawling Shiite neighborhood in eastern Baghdad. “They would punish people [for contracting Mutah]. Now, all my friends are doing it…”
Shiites, Sunnis split
“Clerics who blessed them were hounded by security during the previous regime,” he says. “I can assure you, these (muta’a) marriages are flourishing in (Shiite cities) Najaf, Karbala and Kadhamiya in an amazing way. There are a lot of hotels (patronized) by Shiites who approve of such marriages.”
Shiites and Sunnis both permit men to take more than one permanent wife, but the rival branches of Islam are deeply split over pleasure marriages.
Most Shiite scholars today consider it halal, or religiously legal. Grand Ayatollah Ali al-Sistani, the highest religious authority in Shiite Islam, sets conditions and obligations for muta’a on his Web site. (“A woman with whom temporary marriage is contracted is not entitled to share the conjugal bed of her husband and does not inherit from him …”)
Prime Minister Ibrahim al-Jaafari and other Shiite lawmakers have said they want Iraq’s new constitution to use the sharia, or Islamic law, as its basis. That could give muta’a formal legal protection. Sunni Arabs and Kurds, who are mainly Sunni, oppose the idea. But the practice is growing among Sunnis and Shiites alike.
Sunni scholars fear that giving official sanction to pleasure marriages — many of which are only verbal agreements between the couple — are little more than legalized prostitution that could lead to a collapse of moral values, especially among young people.
“We have reports about one-hour pleasure marriages that are flourishing among students,” says Sheik Ali Al-Mashhadani, a Sunni imam at the Ibn Taimiya mosque in Baghdad. “I’m advising parents to watch their sons very carefully, particularly those who are in the colleges and universities.”
Short-term marriages were considered idolatry by Saddam’s ruling Baath Party in the 1970s and ’80s, says Kamal Hamdul, president of the Iraqi Bar Association. Muta’a were punishable by fines or prison, he says. Couples took the practice underground, meeting in out-of-the-way apartments and hotels — and rarely telling even family members.
Pleasure marriages began to resurface after the fall of Baghdad in 2003. One reason is that Shiites…have a greater ability to shape social mores than they did under Saddam, a Sunni Arab whose top aides were also Sunnis.
Payments to women vary
A woman agreeing to a pleasure marriage that involves a one-time encounter might be able to count on about $100. For a muta’a that runs longer, she might be paid $200 a month, though the amounts vary widely and can depend on whether she has children.
Zeinab Ahmed, 31, lost her husband in a car accident five years ago. She says she has considered entering into a muta’a contract with a man, but the stigma attached has kept her from doing so.
“All my friends who have done this have told me they got married in this way just to meet their sexual desires,” Ahmed says, “but later on they started to love that man, and he does not accept to get married permanently. … Most of the men, at the end of the contract, they feel contempt towards the woman.”
Contracts for pleasure marriage strongly favor men.
Married women can’t enter a muta’a, although a married man can. Men can void the contract at any time; women don’t have that option unless it’s negotiated at the outset. The couple agrees not to have children. A woman who unintentionally gets pregnant can have an abortion but must then pay a fine to a cleric.
Women’s rights activists are concerned. Salama Al-Khafaji, a Shiite lawmaker who supports the concept of sharia law but advocates for women’s rights, calls the re-emergence of muta’a an “unhealthy phenomenon…”
“A woman who practices muta’a does not usually feel comfortable about it,” Al-Khafaji says. “People these days are creating excuses to practice these acts.”
Al-Mousawi, the Shiite cleric, says the practice of pleasure marriages is open to abuse and misinterpretation. He says he is particularly troubled by kiss-and-tell men. “After they’ve finished with the woman, they’ve told their friends about her beauty and given a description of her body, which is something absolutely unacceptable in Islam,” he says.
Al-Zaidi, the Sadr City lawyer, says his motivations are spiritual. In 2002, he says he persuaded a Sunni widow to enter into a one-year muta’a with him, even though at first she refused.
To him, pleasure marriages are legitimate in God’s eyes. They bring responsibility and formality to what would otherwise be squalid and sinful, he says. “There is a noble goal in this kind of marriage,” says Al-Zaidi, still married to his first wife and has five children. “It’s to eradicate moral corruption…”
(Source: USA Today,
http://www.usatoday.com/news/world/iraq/2005-05-04-pleasure-marriage_x.htm)
Shia Website Al-Islam.org Says A Woman Who Enters Into Mutah is “Rented”
The Shia website, Al-Islam.org, says:
“On this point there are specified hadith as well as the general hadith which state that a woman who enters into mut’a is ‘rented’.”
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/3.htm)
In another place, Al-Islam.org continues:
“In other words, she has been ‘rented’ for the purpose of sexual intercourse”
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/4.htm)
If one reads Shia Hadith, it becomes very clear that the woman is treated as “rented” property. In fact, the Shia books of Fiqh contain a section entitled “The Loaning of Vaginas.” It is perplexing that the Shia scholars of Hadith would use terminology (i.e. “renting women by the hour”) that perhaps only a street hoodlum would use.
The Shia website, Al-Islam.org, says the following about Mutah:
“If the role of the time period is to contain a stipulated number of sexual acts, whenever the number is finished, the woman is free of any further obligation to the man.”
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/3.htm)
Mutah is very similar to prostitution: after the woman does a certain number of sexual acts on the man, then she is free from him after that. Is this not the attitude of the Kufaar who have the vulgar philosophy of “wham, bam, thank you ma’am”? Subhan-Allah, can this really be the religion of guidance which allows such a thing?
According to Shia Fiqh, a man “rents” a woman for a specified number of hours or days during which he can have sex with her. But if on certain days she doesn’t have sex with him, then the price he pays for her goes down. The exception is her menstruation days since it is impermissible to have sexual relations on those days. The Shia website, Al-Islam.org, says:
“A man came to the Imam Ja’far and said: ‘I concluded a contract of mut’a with a woman for one month for a given amount, But the woman only came to me for part of the month, and part she stayed away.’ The Imam replied: ‘An amount should be held back from her dower equivalent to the amount she stayed from you, except for the days of her menstruation, for those belong to her.’”
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/3.htm)
The price the man pays the woman (i.e. the dower) goes down if she doesn’t have enough sex with him; it would not be a stretch to say that the Shia scholars are nothing but pimps who closely regulate the institution of prostitution under the guise of religion.
In the Shia Mutah, the man can regulate when he wants to see the woman; it is very common, for example, for the man to stipulate that he only wants to see her at night-time. In other words, he simply wants to have sex with her and does not want to have anything else to do with her for the rest of the day. The Shia website, Al-Islam.org, says:
“It is permissible for the contract to stipulate as a condition a particular time for meetings between the husband and wife, such as daytime or night-time. As already mentioned, it is also permissible for a given number of sexual acts for a given period to be stipulated, as for example, during one day or over the whole period of the marriage.”
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/4.htm)
The Shia Ulema make it clear that Mutah is done for sex, and that this is the basic aim. We read:
“In contrast to permanent marriage, the basic aim of mut’a is enjoyment, not the production of offspring.” [10]
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/4.htm)
In a marriage, the basic aim is to create a family bonded by love and affection for all time. On the other hand, the Shia Mutah is just for enjoyment, whereby a man can enjoy renting out women, without any responsibilities on the man. He can, for example, practice ‘Azl (coitus interruptus, i.e. removal of the penis from the vagina just prior to ejaculation) in order to prevent a pregnancy. We read that there is:
“…a consensus of the ulama’ on this point. They say the consensus derives from a hadith reported from the Imam Ja’far: ‘That [semen] belongs to the man: he may expend it as he wishes.’” [9]
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/4.htm)
The right of coitus interruptus is reserved with the man, who can engage in this without the consent of the female, even if she wishes to conceive. On the other hand, the woman has been given no such right. Grand Ayatollah Sistani says:
Q146: [Is it permissible for women to practice] Coitus interruptus (’azl), by which they prevent their husbands from depositing the semen in the vagina during intercourse.
A: They do not have the right to do that. (FM, p.429)
If the woman becomes pregnant during Mutah, then the husband has the option of seizing custody of the child:
“If the woman becomes pregnant such that the pregnancy derives from the period of mut’a, the child belongs to the husband, even if he performed coitus interruptus.”
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/4.htm)
So the man has the right to seize the custody of the child, but in Shia Fiqh, the man can have his cake and eat it too. If he simply wants to deny the child, then he can also do that. In other words, the man has the right to either seize the custody of the child or simply abandon the child, based upon his own whim. We read:
“However, if the man should deny the child, then it does not belong to him; the ‘sworn allegation’ required in permanent marriage is not necessary…sworn allegation is unnecessary in mut’a…his word alone will be accepted and there is no need for him to make a sworn allegation (i.e. that the child is not his)…in the case of denying parentage, by a consensus of the ulama’ it is unnecessary for the man to make the sworn allegation.”
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/4.htm
In other words, a man can have sex with a woman by “renting” her, but absolve himself of all responsibilities; if the woman should get pregnant as a result of the Mutah, he can simply deny it and the Shia court would not even require the man to take an oath to God about the matter! In fact, the Shia Fiqh is very specific on this point, namely that the man is excused from swearing to God about such a matter. The consequence is that the poor woman would be forced to take care of the child as a single mother without support from the father.
Even the Kufaar living in the West have better morals than this, for they force a man to pay child support if he engages in fornication that results in a pregnancy. On the other hand, the woman who does Mutah has no such rights; to explain this, we read what Al-Islam.org says:
“Al-Shahid al Thani, al-Shaykh al-Ansari and al-Shaykh Muhammad al-Hasan claim consensus on this question. They point out that the ‘bed of mut’a’ does not hold the same high position as the bed of a permanent wife, since a wife by mut’a is a ‘rented woman’. [13] On this point two hadith have been recorded. [14]”
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/4.htm)
The man can demand sex whenever he pleases and this is stipulated in the Mutah contract, which is binding on the woman after that. This is a right granted only to the man, and the woman has no right in that. We read:
“Moreover, the woman cannot demand a right to sexual intercourse in temporary marriage, a demand which is essential in the establishment of forswearing in permanent marriage. The only thing the woman may demand is the dower, to which she is entitled as a ‘rented’ woman. [18]”
(source: Al-Islam.org, http://www.al-islam.org/al-serat/muta/4.htm)
After reading this it really shocks me that any girl would remain Shia. May Allah save us from such a religion which exploits and defiles women for “pleasure” and “enjoyment”.
Article Written By: Ibn al-Hashimi, www.ahlelbayt.com
A Plea from a Muslim Sister
I was fourteen years old and my relationship with my parents was on the edge just like any other teenager. I started to become interested in boys. I felt as if no one understood me, not even my friends. I especially didn’t feel pretty with my braces.
It all changed when I met him. It was fascinating to know that a college student would care so much about me. He was the most wonderful person. He treated me like a queen, and soon we became the best of friends. I felt I could tell him anything. As our friendship progressed, we talked about different topics including religion. He had different beliefs than me; he was Shia while I was Sunni. We always argued upon the differences. He had a way with making things sound bettter than what they were. Soon I became very confused.
One day he mentioned the idea of Mutah. He told me that it was a type of temporary marriage, which was Halal even in Sunni books. At first I didn’t believe him, but he used sources such as Bukhari and Muslim. I took his word for it, and before I realized, I was into a lot of trouble. I was in Mutah for four years. As time went by, I learnt that I had lost my honor and dignity to someone who had done this to several other girls.
I hope to inform and educate the people about the disease of Mutah, which is spreading rapidly in the Sunni community. It is the goal of certain Shia individuals to do Mutah with innocent girls, who lack knowledge of religion and experience of life. They convince them with their beliefs, and create confusion in their minds. I beg every sister, brother, father, mother, and friend to take a closer look at their dear ones, and make sure they do not become victims to the concept of Mutah.
Mutah is a form of temporary marriage whereby a man can “marry” a woman for an agreed amount of time and money (mahr). In Mutah, the husband is not financially responsible for the wife. There are no set limits in this kind of marriage by the Shia. According to Shia beliefs, no witnesses nor a permission of the guardian is needed (the Sunni father does not believe in Mutah), and there is no limit on the number of times one can do Mutah.
Also, the time period can be as little as one hour to as long as sixty years. In addition, a man who is permanently married can do as many Mutah as he feels like, even with married women. This is very similar to prostitution indeed.
Every day, more and more girls in our community are falling victim to this idea of Mutah presented by the Shia individuals. These girls are helpless in asking anyone for help, especially their parents. Please, teach and inform one another about the idea of Mutah, and our beliefs regarding it. Please do it for the honor and dignity of our Islam and for the love of Allah!
If everyone practised Mutah, which is what Shi’ism encourages, then we’d all probably die of STDs. There are Shia hadith which say that a man should perform Mutah with a thousand women. The medical implications of the implementation of these Shia beliefs would mean an epidemic of diseases. It is well-known that Shia guys are engaging in Mutah, oftentimes preying on innocent Sunni and Shia girls. This has become a major problem on university campuses world-wide.
Yours Truly,
A Concerned Muslim Sister
Grand Ayatollah Sistani’s Fatwa:
Virgin Girls Can Do Mutah
Question :
I know a virgin girl… can I do the Mut`ah with her?
Answer :
Any relationship with girl with out[side] legal marriage contract is haram and impermissible, while Mut`ah is permissible provided her guardian’s permission like her father or her grandfather…
(source: Grand Ayatollah Sistani’s official website,
http://www.sistani.org/html/eng/menu/4/?lang=eng&view=d&code=93&page=1)
Fatwas: Permission of Wali Not Required for Mutah; Shia Guy Can Take Sunni Girl in Mutah
Ayatollah Fadlullah is the spiritual leader of Hizbollah, revered by the Shia in Lebanon and worldwide. We find the following fatwa on his official website:
Conditions of temporary marriage
Q: What are The Conditions of Temporary marriage and what is the wording of the contract?
…It is allowed to conclude a temporary marriage with a virgin if she is an adult, since she has the right to wed herself without the permission of her guardian, but other considerations should be taken into account – like bad reputation the girl might acquire or that she might put herself in a dangerous situation, since it is illegal to endanger oneself in Islamic law even if it were in marriage…
(source: Ayatollah Fadlullah’s official website,
http://english.bayynat.org.lb/QA/1a.htm#Conditions%20of%20temporary%20marriage)
He was also asked the following question, to which he answered:
Temporary Marriage
Q: Is it permissible to conclude a contract with a girl that is 18 years old and that supports herself financially?
A: It is permissible, in case she is rational.
(source: Ayatollah Fadlullah’s official website,
http://english.bayynat.org.lb/QA/1a.htm#Conditions%20of%20temporary%20marriage)
There has been an increasing number of older Shia men who prey on young Sunni girls and get them to enter into Mutah. This is sanctioned by the Shia scholars who say that the permission of the girl is not required to take her in Mutah! Truly, the Sunni masses should be made aware of this threat.
We read the following fatwa on Imam Rohani’s official website:
Question:
I know a virgin Sunni girl. Is it permissible to perfom Mutah with her without permission of her Wali? To have a talk (with her) without sex?
Answer:
It is permissible without permission of the Wali, with or without penetration. (i.e. sex)
(source: Imam Rohani’s official website,
http://www.imamrohani.com/fatwa-ar/viewtopic.php?t=1585&sid=636359d0ff787b20f81975c855c2c475)
This is a truly dangerous religion, and parents should be made aware of this Shia threat to the honor of Sunni girls. May Allah protect our women, as well as the women of the Shia who are also susceptible to being exploited by their Shia men. These Shia men can literally take away girls and have Mutah with them, without even the permission of the girl’s parents. And not only this, but these men believe themselves to be rewarded for this act of Mutah.
