ISLAMIC JURISPRUDENCE ON MUT’AH

-BY HAFIZ IBN FAROOK

it is obvious that shiism encourages its followers to do mut'ah so much so that a woman who
contracts mut'ah is guaranteed paradise.

https://www.al-Islam.org/completion-argument-maulana-Sayyid-saeed-akhtar-Rizvi/mutah-
temporary-marriage

mainstream Sunni establishment holds the other extreme view: I.e, mut'ah is totally haram and
prohibited.(though all not say invalid, some say prohibited).

however,what do we learn about mut'ah from the Sunnah??

all Sunni as well as Shia scholars agree that mut'ah was permitted once.

however, in the Sunni hadiths we find this narration.

Narrated `Ali:

I said to Ibn `Abbas, "During the battle of Khaibar the Prophet (‫ )ﷺ‬forbade (Nikah) Al-Mut'a
and the eating of donkey's meat."

"

Reference

: Sahih al Bukhari 5115

but again we have a hadith were Prophet(‫ )وسلم وآله عليه هللا صلى‬permits mut'ah

'Abd al-Malik b. Rabi' b. Sabraal-Juhanni reported on the authority of his father who narrated it on the
authority of his father (I e. 'Abd al-Malik's grandfather, Sabura al-Juhanniy Allah's Messenger (‫)ﷺ‬
permitted us to contract temporary marriage in the Year of Victory, as we entered Mecca, and we did
come out of it but he forbade us to do it.
 Reference : Sahih Muslim 1406 f

This despite the fact that hadith of khaybar says the banishment was for ever!(I.e,until day of
judgement)

"Muhammad b. 'Ali narrated on the authority of his father 'Ali that Allah's Apostle (‫ )ﷺ‬on the Day of
Khaibar prohibited for ever the contracting of temporary marriage and eating of the flesh of the
domestic asses.''

Reference : Sahih Muslim 1407 c

: Book 16, Hadith 36

Also,we see another hadith were mut'ah was again permitted at the Year of Autas after the Year of
Victory.

"Iyas b. Salama reported on the authority of his father that Allah's Messenger (‫ )ﷺ‬gave sanction for
contracting temporary marriage for three nights in the year of Autas 1847 and then forbade it."

: Sahih Muslim 1405 f Book 16, Hadith 21

this despite the fact that the same sabra al juhayni who narrateded the hadith states that the banishment
at the Victory of Makkah was for ever!

Sabra al-Juhani reported on the authority of his father that while he was with Allah's Messenger (‫ )ﷺ‬he
said:

"O people, I had permitted you to contract temporary marriage with women, but Allah has forbidden it
(now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he
should let her off, and do not take back anything you have given to them (as dower)."
 Reference : Sahih Muslim 1406 d

Book 16, Hadith 25

and even then, mut'ah was permitted by the Prophet(‫ )وسلم وآله عليه هللا صلى‬later again, at the
Farewell pilgrimage as per sahi hadith

It was narrated from Rabi'bin Sabrah that his father said :

"We went out with the Messenger of Allah on the Farewell pilgrimage, and they said : 'O Messenger of
Allah, (‫ )ﷺ‬celibacy has become too difficult for us'. He said : 'Then make temporary marriages with
these women'. So we went to them, but they insisted on setting a fixed time between us and them. They
mentioned that to the Prophet and he said : 'Set a fixed time between you and them.' So I went out with
a cousin of mine. He had a cloak and I had a cloak, but his cloak was finer than mine, and I was
younger than him. We came to a women and she said: 'One cloak is like another.' So I married her and
stayed with her that night. Then the next day I saw the Messenger of Allah standing between the Rukn
(corner) and the door (of the Ka'bah), saying : 'O people, I had permitted temporary marriage for you,
but Allah has forbidden it until the Day of Resurrection. however had any temporary wives, he should
let them go, and do not take back anything that you had given to them.' "

English reference : Vol. 3, Book 9, Hadith 1962

so based on these inconsistencies, it is safe to say that prohibition of mut'ah is not binding, and that
mut'ah nikah contract is valid.

this is especially so since there are a lot more sahih hadiths that permit mut'ah.

Narrated Jabir bin `Abdullah and Salama bin Al-Akwa`:

While we were in an army, Allah's Messenger (‫ )ﷺ‬came to us and said, "You have been allowed to do
the Mut'a (marriage), so do it."

Reference : Sahih al-Bukhari 5117, 5118

Salama bin Al-Akwa` said:

Allah's Messenger (‫')ﷺ‬s said, "If a man and a woman agree (to marry temporarily), their marriage
should last for three nights, and if they like to continue, they can do so; and if they want to separate,
they can do so." I do not know whether that was only for us or for all the people in general. Abu
`Abdullah (Al-Bukhari) said: `Ali made it clear that the Prophet said, "The Mut'a marriage has been
cancelled (made unlawful).
 Reference : Sahih al-Bukhari 5119

This hadith has been narrated on the authority of Isma'il with the same chain of transmitters (and the
words are):

" We were young, so we said: Allah's Messenger, should we not have ourselves castrated? But he (the
narrator) did not say; We were on an expedition."

‫ح َّد َث َنا‬َ ‫ن َب ْكرِ َأ ُبو َو‬

ُِ ‫َة َأبي ْب‬
َِ ‫ش ْيب‬،َ ‫ح َّد َث َنا‬َ ِ‫ َوكيع‬، ‫ن‬ِْ ‫ل َع‬
َِ ‫ماعي‬ َ ‫س‬ْ ‫إ‬، ‫س َنادِ ب َه َذا‬
ْ ‫اإل‬
َ
َِ ‫ن ك َّنا قا‬
‫ل‬ ُ ُِ ‫ح‬ ْ ‫شبَابِ َو َن‬ ْ ُ َ
َ ‫ل َيا فقل َنا‬ َِ ‫سو‬ َّ
ُ ‫ّللا َر‬
ِ ‫ل‬ َ
َِ ‫خصي أ‬ ْ ‫س َت‬ ِْ ‫ل َو َل‬
ْ ‫م َن‬ ُ
ِْ ‫َن ْغ ُزو َيق‬
.
Reference : Sahih Muslim 1404 c

Jabir b. 'Abdullah and Salama b. al-Akwa' said:

There came to us the proclaimer of Allah's Messenger (‫ )ﷺ‬and said: Allah's Messenger (‫ )ﷺ‬has granted
you permission to benefit yourselves, I. e. to contract temporary marriage with women.

Reference : Sahih Muslim 1405 a

Salama b. al. Akwa' and Jabir b. Abdullah reported:

Allah's Messenger (‫ )ﷺ‬came to us and permitted us to contract temporary marriage.

Reference :Sahih Muslim 1405 b

and there are 3 sahih hadiths which indicates that mut'ah was permitted until the time of Umar((‫هللا رضي‬
‫))عنه‬. even ABubakr((‫ ))عنه هللا رضي‬permitted it.

Ibn Uraij reported:

'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people
asked him about different things, and then they made a mention of temporary marriage, whereupon he
said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the
Prophet (‫ )ﷺ‬and during the time of Abu Bakr and 'Umar.

Reference : Sahih Muslim 1405 c

Jabir b. 'Abdullah reported:

We contracted temporary marriage giving a handful of (tales or flour as a dower during the lifetime of
Allah's Messenger (‫ )ﷺ‬and durnig the time of Abu Bakr until 'Umar forbade it in the case of 'Amr b.
Huraith.

Reference : Sahih Muslim 1405 d

bu Nadra reported:

While I was in the company of Jabir b. Abdullah, a person came to him and said that Ibn 'Abbas and
Ibn Zubair differed on the two types of Mut'as (Tamattu' of Hajj 1846 and Tamattu' with women),
whereupon Jabir said: We used to do these two during the lifetime of Allah's Messenger (‫)ﷺ‬. Umar then
forbade us to do them, and so we did not revert to them.

Reference : Sahih Muslim 1405 e

and above all, the validity of mut'ah is confirmed from these 2 succesive hadiths.

Abdullah (b. Mas'ud) reported:

We were on an expedition with Allah's Messenger (‫ )ﷺ‬and 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,
and 'Abdullah then recited this verse: 'Those who believe do not make unlawful the good things which
Allah has made lawful for you, and do not transgress. Allah does not like trangressers" (al-Qur'an, v.
87).

Reference : Sahih Muslim 1404 a

A similar report narrated from Ismâ'Il

bin AbI Khilid with this chain,
and he said: "Then he recited
 this verse to us," and he did not
say: "Abdullâh recited."

Reference : Sahih Muslim 1404 b

so this means, the hadith suggests that Prophet(‫ )وسلم وآله عليه هللا صلى‬himself may have
recited the verse 'Those who believe do not make unlawful the good things which Allah has made
lawful for you, and do not transgress. Allah does not like trangressers" after permitting mut'ah!

and one more thing in Tafsir ibn Kathir,the foremost Sunni Tafseer, the verse 4:24 is described as the
verse of mut'ah.

Quote

“Mujahid stated that,

(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 upona predetermined date.”

End Quote

(Tafseer ibn Kathir 4:24)

"And they who guard their private parts

Except from their wives or those their right hands possess, for indeed, they
will not be blamed -"

Qur'an(23:5-6)

some scholars argue that these verses abrogates mut'ah. but thats false because.
these verses were revealed at the makkan period before the verse of mut'ah was
revealed.

and the final argument that mut'ah is valid in sharia:

Umar((‫ ))عنه هللا رضي‬permitted it after banishing it according to the foremost Muslim historical book,
Tareekh At Tabari!

QUOTE
According to Muhammad b. Ishiq-Yahya b. Ma'in693-Ya'-

qub b. Ibrahim-'Isi b. Yazid b. Da'b-'Abd al-Rahman b. Abi

Zayd694-'Imrin b. Sawidah:695 I said the morning prayer with

'Umar, and he recited the Subhin chapter696 and one other.

Then he left. I went off with him, and he asked if there was

anything he could do. I told him there was, so he asked me

to join him. I did so and, when he entered this housej, he gave

me permission [to enterj. There he was on a bed with nothing on

it. I told him I wanted to give him some advice. His reply was, 1z773J

"The person giving good advice is welcome anytime ." I said,

"Your community finds fault with you on four counts." ('Umar)

put the top of his whip in his beard and the lower part on his

thigh. Then he said, "Tell me more." I continued, "It has been

mentioned that you declared the lesser pilgrimage forbidden

during the months of the [full) pilgrimage. The Messenger of

God did not do this, nor Abu Bakr, though it is permitted." He

answered, "It is permitted. If they were to perform the lesser

pilgrimage during the months of the pilgrimage, they would

regard it as being in lieu of the full pilgrimage, and (Mecca)

would be a deserted place that year, and the pilgrimage would be

celebrated by no one, although it is part of God's greatness. You

are right." I continued, "It is also said that you have forbidden
temporary marriage, although it was a license (rukhgah) given

by God. We enjoy a temporary marriage for a handful [of

dates), and we can separate after three nights." He replied,

"The Messenger of God permitted it at a time of necessity. Then

people regained their life of comfort. I do not know any Muslim

who has practiced this or gone back to it. Now anyone who

wishes to can marry for a handful [of dates] and separate after

three nights. You are right." I continued, "You emancipate a

slave girl if she gives birth, without her master's [consenting to]

the emancipation.i700 He replied, "I added one thing that is

forbidden to another, intending only to do some good. I ask

God's forgiveness." I continued, "There have been complaints of

your raising your voice against your subjects and your addressing

them harshly." He raised his whip, then ran his hand down it

right to the end. Then he said, "I am Muhammad's traveling

companion"-he had [in fact) sat behind him at the raid on

Qarqarat al-Kudr.701 "Indeed I pasture [my flocks] well until

(tareeq at tabari vol.14 pgs.139-140)

END QUOTE

so from this analysis, mut'ah is part of the sunnah but the difference with Shia mut’ah is on 2 counts.

in shiism, 1)mut'ah is an act that guarantees status of ma'soom and paradise.

2) mut'ah mate is not considered wife but a rented girl, hence a Shia man can marry limitless mut'ah mates
simultaneously.
In Sunni Islam, as per opinion of Ibn Abbas((‫))عنه هللا رضي‬

Narrated Abu Jamra:

I heard Ibn `Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he
permitted it (Nikah-al-Mut'a). On that a freed slave of his said to him, "That is only when it is very
badly needed and women are scarce." On that, Ibn `Abbas said, "Yes."

Reference : Sahih Muslim 1407 d

'Urwa b. Zabair reported that 'Abdullah b. Zubair (Allah be pleased with him) stood up (and delivered
an address) in Mecca saying:

Allah has made blind the hearts of some people as He has deprived them of eyesight that they give
religious verdict in favour of temporary marriage, while he was alluding to a person (Ibn 'Abbas). Ibn
Abbas called him and said: You are an uncouth person, devoid of sense. By my life, Mut'a was practised
during the lifetime of the leader of the pious (he meant Allah's Messenger, may peace be upon him),
and Ibn Zubair said to him: just do it yourselves, and by Allah, if you do that I will stone you with your
stones. Ibn Shihab said. Khalid b. Muhajir b. Saifullah informed me: While I was sitting in the
company of a person, a person came to him and he asked for a religious verdict about Mut'a and he
permitted him to do it. Ibn Abu 'Amrah al-Ansari (Allah be pleased with him) said to him: Be gentle. It
was permitted in- the early days of Islam, (for one) who was driven to it under the stress of necessity just
as (the eating of) carrion and the blood and flesh of swine and then Allah intensified (the commands of)
His religion and prohibited it. Ibn Shihab reported: Rabi' b. Sabra told me that his father (Sabra) said:
I contracted temporary marriage with a woman of Banu 'Amir for two cloaks during the lifetime of
Allah's Messenger (‫ ; )ﷺ‬then he forbade us to do Mut'a. Ibn Shihab said: I heard Rabi' b. Sabra
narrating it to Umar b. 'Abd al-'Aziz and I was sitting there.

Reference : Sahih Muslim 1406 k

so based on this I would say some of the few defining characteristics that distinguishes Mut'ah in the
Sunnah from the Shia mut'ah

 In the Sunnah, mut'ah is valid, but mut'ah nikah contract is haram normally & halal at compulsive
circumstances.(eg:war,a sexually repressed or frustrated man, finding difficulty to do nikah,fear of
illegal sexual intercourse etc)
 An Islamic regime, may outlaw nikah mut'ah(criminalise it) as we see from the Sunnah of
Prophet(‫ )وسلم وآله عليه هللا صلى‬and what we deduce from the actions of Umar((‫هللا رضي‬
‫))عنه‬. Depending on the circumstance, to prevent people from abusing the law of Allah for their
wild animal fantasies.
  the appointed time need not be specified at the contract itself,but agreed upon within the first 3
days, the absence of the mutual agreement which may result in 2 possibilities a)the contract
terminates naturally b)becomes a permanent marriage
 mut'ah is like divorce, valid but amongst the most disgusting things in dunya which is valid.( to be
done only at the most compulsive circumstances)
 the contract statement need only be:("I give myself to you in mut'ah nikah"(eejaab) and "I
accept"(qabool))
 woman(female mate) is not considered as a slave or a girl for rent, but as a fully legal
wife/mate(azwaj). hence, a person can have only upto max. 4 mut'ah mates simultaneously.

as for similarities with Shia mut'ah:

 the child born out of mut'ah is legitimate and inherits

 female mate wont inherit ( but she will inherit if the husband dies during the contract period; a
difference)
 it need not have witnesses or wali (as clearly evidenced from the hadith). Infact,it is recommended
not to have a wali because it maybe disgusting for the father of a woman to give off his daughter
for a fixed time..

In short, mut’ah is part of the sunnah and calling it “prostitution” or “zina” is a serious blasphemy that may
amount to kufr because a)it is slandering Prophet(s.a.w) of permitting zina or prostitution b)it is part of
sharia and valid contract.