was Muta marriage allowed in the Quran?


Prohibiting the Mut`ah of Marriage

Mujahid stated that,


﴿فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَـَاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً﴾

(So with those among them whom you have enjoyed, give them their required due,) was revealed about the Mut`ah marriage. A Mut`ah marriage is a marriage that ends upon a predeterminied date. In the Two Sahihs, it is recorded that the Leader of the Faithful `Ali bin Abi Talib said, "The Messenger of Allah prohibited Mut`ah marriage and eating the meat of domesticated donkeys on the day of Khaybar (battle).'' In addition, in his Sahih, Muslim recorded that Ar-Rabi` bin Sabrah bin Ma`bad Al-Juhani said that his father said that he accompanied the Messenger of Allah during the conquest of Makkah, and that the Prophet said,(O people! I allowed you the Mut`ah marriage with women before. Now, Allah has prohibited it until the Day of Resurrection. Therefore, anyone who has any women in Mut`ah, let him let them go, and do not take anything from what you have given them.) Allah's statement,

﴿وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِن بَعْدِ الْفَرِيضَةِ﴾

(but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you.) is similar to His other statement,

﴿وَءَاتُواْ النِّسَآءَ صَدُقَـتِهِنَّ نِحْلَةً﴾

(And give to the women their dowry with a good heart). The meaning of these Ayat is: If you have stipulated a dowry for her, and she later forfeits it, either totally or partially, then this bears no harm on you or her in this case. Ibn Jarir said, "Al-Hadrami said that some men would designate a certain dowry, but then fall into financial difficulties. Therefore, Allah said that there is no harm on you, O people, concerning your mutual agreement after the requirement (has been determined).'' meaning, if she gives up part of the dowry, then you men are allowed to accept that. Allah's statement,

﴿إِنَّ اللَّهَ كَانَ عَلِيماً حَكِيماً﴾

(Surely, Allah is Ever All-Knowing, All-Wise.) is suitable here, after Allah mentioned these prohibitions. 2. From islamicstudies.info:- . Ibn `Abbas, Ubayy b. Ka`b, Sa`id b. Jubayr and Suddi have, on the basis of this verse, argued about the validity of mut`ah marriage. But the rest of the Companions were of the opinion that mut`ah marriage, which was more than once made lawful and then declared unlawful during the life of the Prophet, is now invalid and unlawful. The consensus is based on a Qur’anic verse as well as several ahadith. The verse in question is (23: 5-6):


وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ (5) إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ [المؤمنون : 5 ، 6]

“Those who guard their chastity, save against their wives or what their right hands own, such indeed are free of blame.” One of the ahadith is in the Sahihayn which reports `Ali as saying that,

عَنْ عَلِيِّ بْنِ أَبِي طَالِبٍ رَضِيَ اللَّهُ عَنْهُ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ مُتْعَةِ النِّسَاءِ يَوْمَ خَيْبَرَ وَعَنْ أَكْلِ لُحُومِ الْحُمُرِ الْإِنْسِيَّةِ.

“The Prophet forbade mut`ah marriage and meat of the domestic donkey on the day of Khyber campaign.” Muslim has another hadith which reports that on the day of the fall of Makkah the Prophet said:

يَا أَيُّهَا النَّاسُ إِنِّي قَدْ كُنْتُ أَذِنْتُ لَكُمْ فِي الِاسْتِمْتَاعِ مِنْ النِّسَاءِ وَإِنَّ اللَّهَ قَدْ حَرَّمَ ذَلِكَ إِلَى يَوْمِ الْقِيَامَةِ فَمَنْ كَانَ عِنْدَهُ مِنْهُنَّ شَيْءٌ فَلْيُخَلِّ سَبِيلَهُ وَلَا تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا

“People. I used to allow you mut`ah marriage. But Allah has now made it unlawful until the Day of Judgment. Therefore, if there is anyone who has contracted such a marriage, let him terminate it. But do not take back whatever you have given them.” Muslim has another report according to which mut`ah was declared unlawful during the Farewell Hajj (Ibn Kathir). The Arabic text is as follows: ع

َنْ الرَّبِيعِ بْنِ سَبْرَةَ عَنْ أَبِيهِ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى يَوْمَ الْفَتْحِ عَنْ مُتْعَةِ النِّسَاءِ.صحيح مسلم

`Umar (ra) in fact is reported to have said:

لاَ أُوتَى بِرَجُلٍ تَزَوَّجَ امْرَأَةً إِلَى أَجَلٍ إِلاَّ رَجَمْتُهُ

“I shall not find a man contracting a mut`ah marriage but shall stone him to death.” (Kashshaf) About Ibn `Abbas himself, it is reported that a little before his death he withdrew his opinion about the validity of mut`ah marriage when he came to know of the abrogating commandment (Kashshaf, Shawkani). Muslim’s hadith shows that it was `Ali who convinced him of the abrogation (Shafi`). Shafi` comments: Indeed, there is a narration to this effect by no less a person than Ibn `Abbas himself in Tirmidhi. It goes like this: “Ibn `Abbas said,

عَنْ ابْنِ عَبَّاسٍ قَالَ إِنَّمَا كَانَتْ الْمُتْعَةُ فِي أَوَّلِ الْإِسْلَامِ كَانَ الرَّجُلُ يَقْدَمُ الْبَلْدَةَ لَيْسَ لَهُ بِهَا مَعْرِفَةٌ فَيَتَزَوَّجُ الْمَرْأَةَ بِقَدْرِ مَا يَرَى أَنَّهُ يُقِيمُ فَتَحْفَظُ لَهُ مَتَاعَهُ وَتُصْلِحُ لَهُ شَيْئَهُ حَتَّى إِذَا نَزَلَتْ الْآيَةُ إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ قَالَ ابْنُ عَبَّاسٍ فَكُلُّ فَرْجٍ سِوَى هَذَيْنِ فَهُوَ حَرَامٌ

Muta`ah was lawful in early days of Islam when a man came to a place where he knew no one and so he would marry a woman for the period of his stay so that she could look after his things and attend to some of his affairs, until the verse came down (23: 5-6): ”... Save with their spouses and what their right hands possess."’ Ibn `Abbas then added, “Therefore all kind of sex save with these two categories is forbidden.” Mufti Shafi` also writes: As the mut`ah marriage, in which one marries for a short while by paying a price and spelling out the term “mut`ah”, any temporary marriage is also unlawful, in which a period is specified (even if of several years: Au.) after which the pair would part company. Misyar marriage comes close to the above, and it is prohibited by consensus. In our own times, some Fuqaha’ allowed a certain kind of Misyar marriage on certain conditions, but they were widely criticized and so they withdrew the permission (Au.). 3. Tafseer ibn tabari:- . Ibn `Abbas, Ubayy b. Ka`b, Sa`id b. Jubayr and Suddi have, on the basis of this verse, argued about the validity of mut`ah marriage. But the rest of the Companions were of the opinion that mut`ah marriage, which was more than once made lawful and then declared unlawful during the life of the Prophet, is now invalid and unlawful. The consensus is based on a Qur’anic verse as well as several ahadith. The verse in question is (23: 5-6):

وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ (5) إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ [المؤمنون : 5 ، 6]

“Those who guard their chastity, save against their wives or what their right hands own, such indeed are free of blame.” One of the ahadith is in the Sahihayn which reports `Ali as saying that,

عَنْ عَلِيِّ بْنِ أَبِي طَالِبٍ رَضِيَ اللَّهُ عَنْهُ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى عَنْ مُتْعَةِ النِّسَاءِ يَوْمَ خَيْبَرَ وَعَنْ أَكْلِ لُحُومِ الْحُمُرِ الْإِنْسِيَّةِ.

“The Prophet forbade mut`ah marriage and meat of the domestic donkey on the day of Khyber campaign.” Muslim has another hadith which reports that on the day of the fall of Makkah the Prophet said:

يَا أَيُّهَا النَّاسُ إِنِّي قَدْ كُنْتُ أَذِنْتُ لَكُمْ فِي الِاسْتِمْتَاعِ مِنْ النِّسَاءِ وَإِنَّ اللَّهَ قَدْ حَرَّمَ ذَلِكَ إِلَى يَوْمِ الْقِيَامَةِ فَمَنْ كَانَ عِنْدَهُ مِنْهُنَّ شَيْءٌ فَلْيُخَلِّ سَبِيلَهُ وَلَا تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا

“People. I used to allow you mut`ah marriage. But Allah has now made it unlawful until the Day of Judgment. Therefore, if there is anyone who has contracted such a marriage, let him terminate it. But do not take back whatever you have given them.” Muslim has another report according to which mut`ah was declared unlawful during the Farewell Hajj (Ibn Kathir). The Arabic text is as follows: ع

َنْ الرَّبِيعِ بْنِ سَبْرَةَ عَنْ أَبِيهِ أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَهَى يَوْمَ الْفَتْحِ عَنْ مُتْعَةِ النِّسَاءِ.صحيح مسلم

`Umar (ra) in fact is reported to have said:

لاَ أُوتَى بِرَجُلٍ تَزَوَّجَ امْرَأَةً إِلَى أَجَلٍ إِلاَّ رَجَمْتُهُ

“I shall not find a man contracting a mut`ah marriage but shall stone him to death.” (Kashshaf) About Ibn `Abbas himself, it is reported that a little before his death he withdrew his opinion about the validity of mut`ah marriage when he came to know of the abrogating commandment (Kashshaf, Shawkani). Muslim’s hadith shows that it was `Ali who convinced him of the abrogation (Shafi`). Shafi` comments: Indeed, there is a narration to this effect by no less a person than Ibn `Abbas himself in Tirmidhi. It goes like this: “Ibn `Abbas said,

عَنْ ابْنِ عَبَّاسٍ قَالَ إِنَّمَا كَانَتْ الْمُتْعَةُ فِي أَوَّلِ الْإِسْلَامِ كَانَ الرَّجُلُ يَقْدَمُ الْبَلْدَةَ لَيْسَ لَهُ بِهَا مَعْرِفَةٌ فَيَتَزَوَّجُ الْمَرْأَةَ بِقَدْرِ مَا يَرَى أَنَّهُ يُقِيمُ فَتَحْفَظُ لَهُ مَتَاعَهُ وَتُصْلِحُ لَهُ شَيْئَهُ حَتَّى إِذَا نَزَلَتْ الْآيَةُ إِلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ قَالَ ابْنُ عَبَّاسٍ فَكُلُّ فَرْجٍ سِوَى هَذَيْنِ فَهُوَ حَرَامٌ

Muta`ah was lawful in early days of Islam when a man came to a place where he knew no one and so he would marry a woman for the period of his stay so that she could look after his things and attend to some of his affairs, until the verse came down (23: 5-6): ”... Save with their spouses and what their right hands possess."’ Ibn `Abbas then added, “Therefore all kind of sex save with these two categories is forbidden.” Mufti Shafi` also writes: As the mut`ah marriage, in which one marries for a short while by paying a price and spelling out the term “mut`ah”, any temporary marriage is also unlawful, in which a period is specified (even if of several years: Au.) after which the pair would part company. Misyar marriage comes close to the above, and it is prohibited by consensus. In our own times, some Fuqaha’ allowed a certain kind of Misyar marriage on certain conditions, but they were widely criticized and so they withdrew the permission (Au.).

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