Is Mutah Halal or Haram? | Concept of Temporary Marriage

Mutah is a temporary marriage concept in Islam that unites a man and woman as husband and wife for a limited time. It was adopted so that a man could have a wife for a short to save himself from temptation while traveling long distances. Also known as Mutah, Mot’a, Mut’ah, Muta, Nikah e Mutah. It is a short-time, fixed, limited-time contract marriage which allowed a person to have a relationship with a woman without breaking the rules of Shareeha. It is a very confusing question about temporary marriage or short-time marriage.

There is confusion to understand this topic. There are two types of major groups in which one believes it was abrogated and forbidden but others think it is permitted and halal in Islam. In this article, we will explain this topic in detail in the light of Islamic references. Please read all the points to fully understand this contract of marriage.

What is Mutah?

Mutah is an Islamic term used for short time contract marriage. Mutah’s meaning is “Pleasure or taking benefit”.

In Nikah e Mutah, a predefined contract is signed in which both sexes define a period of time for Nikah or marriage. In Nikah e Sunnah, the contract is not defined but, for a lifetime. On the other hand, Mutah is the same as a Nikah e Sunnah but the only difference is that the time period is short which is predefined.

Shia scholar says, in this Nikah e Mutah, Right of Mahr, Witnesses from both sides and Iddat(a period after separation) is included as an obligation. All the other rights of a wife over her husband and the husband’s rights over her wife are the same as in Nikah e Sunnah. Muslim wifes’ rights and duties are the same as the husband’s rights in a normal marriage.

Different Concepts about Mutah

There are two different groups of thoughts on Mutah. One thinks it is halal and the other thinks, it is haram. The Shia community thinks that Mutah is halal, legal, and permitted in Islam. But, the Sunni community thinks it was first halal in Islam but later, it was abrogated. So, it is haram now.

All the Muslims agreed on this point that Mutah was permitted at the beginning of Islam by Prophet Muhammad (PBUH). Both sects give us strong evidence to prove their true beliefs on Mutah. It is a sectarian division. After reading this article, you have to conclude that either it is halal or haram with justice.

1. Sunni’s Point of View

According to Sunni Muslims, Mutah was abrogated and now it is haram. According to Sunni scholars, Nikah e Mutah or any other limited-time or temporary marriage is haram and it is against the Islamic structure of Shareeha.

Sunni scholars also agreed on this point that Muta’h was permitted at the beginning of Islam but, later it was abrogated. Hanafi Sunni thinks that it is a way of legitimizing sex and a shameful act. There is no respect for women in society with this marriage.

Mutah is totally related to the enjoyment of a sexual relationship. More sources say that Mutah was banned during the Khilafat, (ruling) of the second Khalifa (Umar R.A).

Read More: 14 Rights of Wife over Her Husband in Islam

Purpose of Nikah

The purpose of Nikah is to avoid the sins and the birth of the Muslim child. Nikah is half of Islam so, this is possible according to Nikah e Sunnah. If there is a limited time marriage contracted it will not fulfill the main purpose. It will be just for the sack of sex, not for the pregnancy. Nikah is for securing from zinah.

Mutah Prohibited in Islam

A marriage or nikah which is fixed and it is decided that it will end on Talaaq is haram in Islam. A Sunnah Nikah is a contract for a lifetime. In this Mutah no respect and prosperity are for a woman. Mutah is a short-time marriage and debauchery so, it is not permitted in Islam.

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].

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].

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 donkeys.” [Bukhari, Muslim, Tirmidhi, Ibn e Majah, Nasai].

2. Shia’s Point of View

According to the Shia sect, Mutah is halal and allowed in Islam. Shia takes the “Mutah” word from the Quran.

Read More: 10 Rights of Husband in Islam

Evidence from Quran on Mutah

And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.

[Quran 4, 24]

According to this Aayah, Shia scholars say that Mutah can be acted. But in the beginning part of this Aayah, it is mentioned that “Lawful unto you are all beyond those mentioned so that ye seek them with your wealth in honest wedlock, not debauchery“.

They drive the meaning of Mutah from this verse. They thought the word (Ujoorahunna) is related to their wages or dues. Shia makes this verse a piece of evidence for Mutah.

At the time of the Prophet Muhammad (PBUH), it was practiced, when companions of the Prophet (Sahaba) traveled for trade or war.

All the Sunni and Shia scholars agreed on this point that one sahabi named Hazrat Ibn e Abbas (R.A) considered Mutah halal. So, it is a rule that if a man or group follows any sahabi, he is in the right way. Hence, the Shia sect has a strong opinion of Hazrat Ibne Abbas (R.A) on its halal.

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Why Mutah is Allowed?

One companion of the Prophet (PBUH), Abdullah Ibne Masood narrates:

We were on an expedition with Allah’s Messenger (PBUH) and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so. He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment.

[Muslim 8:3243]

This is another piece of evidence from Hadees.

It is a way of a legal relationship with a woman. You can enjoy a woman by giving her Maher. In this modern age of IT, it is very easy to approach a boy or girl through social media. There are hundreds of apps and other internet ways available for everyone to access illegal and pornographic content. Anyone who has weak faith may fall down in this dirty world. So according to the Shia sect, Mutah is a way of securing from this fitnah.

Mutah is a Way of Securing from Fitnah

The mut’ah is particularly popular on university campuses. Students are educated people so they look around for a solution to their problems like saving from fitnah(temptation) from an Islamic perspective. So mutah gives them a solution in this matter.

[Muslim Scholar Allama Anwar]

What is the alternate solution (else from fasting) if someone couldn’t have Nikah-e-Sunnah due to some valid reasons? They can’t just have a cold shower every time because it doesn’t work. Otherwise, they will just end up doing the haram acts.

Read more: Are Women Allowed to Work in Islam? 

How to do Mutah? (Shia Rules)

  1. Right of Mahr
  2. A witness from both sides
  3. Permission from Parents
  4. Must be Muslim
  5. Iddat after separation (Talaq)

Conclusion:

So here, All kind of sect gives their evidence from Quran and Hadith.

Mutah is forbidden and not allowed in Islam due to prostitution and the exploitation of women. You have to understand that some acts were permitted in the early days of Islam like wine. Similarly, Mutah was first permitted but later it was forbidden. Now Mutah is totally illegal and haram in Islam. No doubt there is evidence present, but later they were canceled.

Both Sunni and Shia scholars admit that this allows a person to have multiple sexual partners and it is used as an “Islamic cover” for prostitution or the exploitation of women. This is a fact now where Mutah is allowed.

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