Nikah mut‘ah

Nikāḥ al-Mut‘ah (Arabic: نكاح المتعة‎ marriage), or sigheh (Persian), is a fixed-term Marriage in Shi'a Islam. The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term. The marriage is contractual and is subject to renewal. Financial payments may be made between the couple, usually with the male paying the female known as mahr or dower.

Nikāḥ al-Mut‘ah should not be confused with the term Nikāḥ-e-Misyar or Misyar Marriage (المسيار), one of the forms of non-conventional temporary marriage in Sunni Islam.

[edit] Quranic Origin

Shiah Muslims believe that this institution was established by God through Muhammad in the Qur'an.

Its single mention in the Qur'an is verse 4:24. The prominent Sunni exeges ibn Kathir states in his Tafsir:

فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَـَاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً

"Then give those of these women you have enjoyed the agreed dower" was revealed on the subject of the mut‘ah marriage. A mut‘ah marriage is a marriage that ends upon a predetermined date.

The event of revelation was during the battle of Hunayn in 9 ah (631 CE) Muslim 3432.

Tabari in his Tafsir writes under this verse a hadith from Mujahid:

The phrase "Then give those of these women you have enjoyed the agreed dower" means the temporary marriage.

The full verse is: (Shakir): "And all married women except those whom your right hands possess (this is) God's ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely God is Knowing, Wise."

[edit] Use

Muslims have consensus (ijma) on interpretation of the following verse in the Quran:

And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. 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.^{[Qur'an 4:24]}

The Nikah al-Mut‘ah is used various ways:

• It is used in modern times when people move from one place to another, such as from one country to another. Thus students, workers, scholars may enter into a contractual marriage under the verse of the quran which allows ones emotional needs and human needs to be fulfilled if they are in another country. It may lead to permanent marriage afterwards.

• It may be used to become mahram "unmarriable" with somebody with whom they do not intend to cohabit or have a married relationship, but with whom they spend a lot of time (for example, share a house). In order to ease the hijab "modest dress" rules, they engage in a nikah al-Mut‘ah, specifying in the marriage contract that no physical contact is allowed.

• Two people who live under the same roof but are not mahram (un-marriable) and must observe hijab may engage in a symbolic nikah al-mut‘ah with the others' offspring for a minimal amount of time (two minutes or less). The Nikahu’l-Mut‘ah does not need to have any practical consequence, but it will make the parent and the offspring's husband or wife permanently mahram to each other, and thus no longer obliged to observe hijab rules.

• Young unmarried couples may decide to use nikahu l-Mut‘ah as a permissible alternative to entering into a relationship on the premise of future permanent marriage.

[edit] Rules

Nikah al-Mut‘ah resembles with an ordinary conventional marriage in many, but not all, aspects. It commences in the same way as a Nikah except that a date of expiration for the marriage is added to the marriage contract and the wife has her rights restricted to some extent. The duration is decided by the couple involved. There are no restrictions about minimum and maximum duration. If the period is longer than what can be reasonably expected to be a lifetime, it will transform into a nikah.

During the period of the marriage, the couple are considered husband and wife, just as in a permanent marriage. At the expiration, the marriage is voided without undergoing a talaq "divorce". In case of sexual intercourse, the woman must observe the iddah "waiting period" before she can marry anyone else. Nikah al-Mut‘ah is considered mustahab (recommended) by the Shia.^[1] The Shia also regard it as mustahab (recommended) to extend the marriage or to transform it into a permanent one.^{[citation needed]}

[edit] Differences from permanent marriage

Nikah Mut'a is a marriage with a pre-set time. It is important to note that different Marja "authorities" may give different fatwa "legal rulings" on some issues. Many of the following rules may be changed in the Islamic marriage contract. "the contract must be done between a man and a woman that has had sexual intercourse earlier in her life through normal marriage "

• The marriage is agreed upon to be voided after a pre-set time. This permits the couple to expect and prepare emotionally for the end of the marriage.
• No divorce is necessary. In Shi‘a fiqh ("jurisprudence"), a divorce is viewed as a complex process involving mediators^{[citation needed]} and a period aimed at giving the couple the chance to reconcile. This is not necessary in Nikahu’l-Mut‘ah, since the marriage does not end due to disharmony but due to the preset time being reached.
• The husband may void the Nikahu l-Mut‘ah earlier than agreed. If he does and they have had sexual intercourse, he must give her full mahr "bride gift". If they have not had intercourse, he must give her half that amount, though the recommended precaution is that he should give her full mahr. A distinction between a talaq "divorce" in a nikah and voiding a nikahu l-mut‘ah is made in a conversation reported in a hadith collection.^[2]
• The couple do not inherit from each other. Since the marriage is not permanent, the couple is not considered a single, merged unit.
• The husband is financially responsible for any children resulting from the marriage. As it is believed that a woman should not be burdened with the responsibility of providing for a family, she is allowed to work and spend her money as she chooses.
• The wife may leave her house against her husband's will.
• The husband need not pay for the wife's expenses. This complements the above point.
• It is permitted to marry a woman from Ahl al-Kitab "People of the Book" (followers of monotheistic religions). The difference in jurisprudence between different religions is overcome by this rule. It is understood that the Muslim Nikah does not have an equivalent form among the People of the Book. Therefore, women who are of the People of the Book are unaccustomed to the special rules of Nikah, for example, the husband's responsibility for the wife's expenses or the wife's not leaving her house against the husband's wishes. These difference in religious laws make it desirable to wait with the higher level of commitment that Nikah requires until they are overcome, in order to minimize potential friction in family life.
• The wives are not counted toward the maximum of four. Since the husband is not required to support the wife, and the marriage is not permanent, the circumstances leading to the restriction of having no more than four wives does not apply. However, many Shi‘a scholars have ruled that one cannot take more than four temporary wives.
• The Nikahu l-Mut‘ah can be used exclusively for the aim of having sex.^[1]

[edit] Similarities between Nikah al-Mut‘ah and Nikah

• The woman might require the consent of her wali ("Legal Guardian") if she is a virgin. However, there is no consensus among the Grand Ayatollahs on this issue. Most Marjas like Ali Sistani require father's permission, to prevent someone taking advantage of her inexperience; while there are few others who do not require guardian's permission.^[3]
• A contract is engaged when entering the marriage. Shi‘a believe that the marriage contract does not require having witnesses, a written contract or permission from authorities.
• The woman observes iddah at the end of the marriage That is, she must wait before remarrying - but only if she had sexual intercourse.^[4]
• Shias requires no witnesses, or permission from authorities to enter a marriage ^ref.
• Men are not allowed to marry women of non-Monotheistic religions, and women can only marry Muslims.

[edit] Difference of opinion

This article may contain original research. Please improve it by verifying the claims made and adding references. Statements consisting only of original research may be removed. More details may be available on the talk page. (November 2009)

This topic is controversial in the Muslim world. Twelver Shia deem it as a blessing revealed in the Qur'an intended to make everyday life easier, while Sunnis and other Shia condemn the practice^{[citation needed]}, disputing its presence in the Qur'an, and adducing that Muhammad never prescribed it and he himself never practiced it.

Although this is the main fiqh difference between Twelver Shia and Sunnis, it is still merely a fiqh issue and not relevant to the core beliefs. The question is whether Muhammad or Umar abolished it, it does not define whether one is Shi'a or Sunni.

To see the hadith that Shi'a and Sunni use to support their arguments, see Hadiths related to Nikahu l-Mut‘ah.

[edit] Shi'a view

According to Usuli Shia scholars Mut'a is a valid marriage. According to Shia Scholar, Ayatullah Khamenie

[edit] References

[edit] General

11 - "mutah." Encyclopædia Britannica. Encyclopædia Britannica 2007 Ultimate Reference Suite. Chicago: Encyclopædia Britannica, 2006.
12 - Law of Desire. Temporary Marriage in Shi'i Iran, by Shahla Haeri, Syracuse University Press, 1989
13 - "USAToday.com - 'Pleasure marriages' regain popularity in Iraq"

[edit] Shia links

• "Temporary Marriage in Islamic Law" — Sachiko Murata (Al-Serat vol. XIII, no 1)
• A Shi'ite Encyclopedia:
  • "Temporary Marriage in Islam": Part I | Part II | Part III | Part IV | Part V | Part VI | Part VII | VIII
  • Debate on the Legitimacy of Mut'a — taken with some modifications from Temporary Marriage in Islamic Law by Abul Qasim Gourji
  • interactive research about Mut'a from the 9 sunnie saheeh books — 4 parts vedio by Ali Mohamad
  • interactive reasearch about Mut'a from the 9 sunnie saheeh books — 4 parts video in the Arabic language, by Ali Mohamad
• "Mut'ah 'temporary marriage'" — sistani.org
• "Mut'ah, a comprehensive guide" — Answering Ansar
• http://www.mutah.com/

Fatāwa from different marja:

• Sistani
• Khamenei
• Muhammad Shirazi

[edit] Sunni links

• Temporary Marriage, by Sheikh Amjad Rasheed (Shafi'i)
• Temporary Marriage & Avoiding Arguments, by Sheikh Faraz Rabbani (Hanafi)
• "Mut'ah marriage" Islam Questions & Answers
• Discussions on 'Mut`ah' Understanding Islam
• http://www.guidedones.com/metapage/frq/umutah10.htm
• Nikah Misyar