Nikah Mut'ah
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- ''This is a sub-article to Islamic marriage.
Nikāħu l-Mutˤa (Arabic نكاح المتعة, also Nikah Mut'ah), is the second form of marriage, described in the Qur'an (4:24). It is a fixed-time marriage which, according to the schools of Sharīˤa (Islamic law), is a marriage with a preset duration. After this period expires, the marriage is automatically dissolved. This is the most controversial fiqh topic; Sunnis and Shia hold diametrically opposed views on its permissibility after Muhammad's era.
Contents
Rules
Nikāħu l-Mutˤa resembles a Nikāħ "(permanent) marriage" in many, but not all, aspects. It commences in the same way as a Nikāħ except that a date of expiration for the marriage is added to the marriage contract. The duration is decided by the couple involved. There are no restrictions about minimum duration. If the period is longer than what can be reasonably expected to be a lifetime, it will transform into a Nikāħ.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), and the woman must observe iddah (a waiting period) before she can marry anyone else. It is considered mustahab (recommended) to extend the marriage or to transform it into a permanent one.
Differences between Nikāħu l-Mutˤa and Nikāħ
Some general rules follow. It is important to note that different marjaˤ "authorities" may give different fatāwa "legal rulings" on some issues. Many of the following rules may be changed in the Islamic marriage contract.
- 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 Shīˤa fiqh "jurisprudence", a divorce is viewed as a complex process involving mediators and an iddah period aimed at giving the couple the chance to reconcile. This is not necessary in Nikāħu l-Mutˤa, since the marriage does not end due to disharmony but due to the pre-set time being reached.
- The husband may void the Nikāħu l-Mutˤa earlier than agreed. If he does and they have had sexual intercourse, he must give her full Mahr "bride price". 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 talāq "divorce" in a Nikāħ and voiding a Nikāħu l-Mutˤa is made in a conversation reported in a hadith collection.
- 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.
- In Shia Fiqh, it is permitted to marry a woman from Ahlu l-Kitāb "People of the Book" (followers of monotheistic religions) only in this form of marriage. The difference in jurisprudence between different religions is overcome by this rule. It is understood that the Muslim Nikāħ 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 Nikāħ, 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 Nikāħ requires until they are overcome, in order to minimize potential friction in family life.
- In Shīˤa Fiqh, 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.
- Sunnis deem it as Harām. Since they believe that Muhammad forbade Nikāħu l-Mutˤa, they deem the marriage contract invalid hence any interaction between the couple to be in violation of Sharīˤa.
Similarities between Nikāħu l-Mutˤa and Nikāħu
- The woman requires the consent of her Walī "Legal Guardian" if she is a virgin. This is meant to prevent someone from taking advantage of her inexperience.
- A contract is engaged when entering the marriage. Shia believe that the marriage contract does not require witnesses and can be oral.
- The woman observes iddah at the end of the marriage. That is, she must wait before remarrying.
- '''Shia requires no witnesses to enter a marriage [ref].
- May not marry a kāfir (person who is neither Muslim nor a member of the Ahlu l-Kitāb)
Use of Nikāħu l-Mutˤa in everyday life
The Nikāħu l-Mutˤa has been used in various ways:
- Even though there are no fiqh requirements of having witness or a written contract, many people prefer to have both, and in some cases do complete the contract in the presence of a learned Muslim. Iranian law requires the contract to be written in the presence of a state representative.
- Nikāħu l-Mutˤa is often used to get to know a person one intends to marry. According to Sharīˤa, a female virgin needs her legal guardian's consent to marry, which is usually given only if the aim is permanent marriage, thus securing her economic status. The consent is more difficult to obtain if the man has used Nikāħu l-Mutˤa casually.
- Some people have chosen to live in a Nikāħu l-Mutˤa for 99 years out of preference for its rules. For example, a woman may prefer freedom to go out, to financial support.
- Others use Nikāħu l-Mutˤa in order to become Mahram (un-marriable) with somebody they do not intend do cohabit with or have a married relationship with, but with whom they spend a lot of time (for example share a house). In order to ease the Hijāb (modest dress) rules, they engage in a Nikāħu l-Mutˤa, writing in the marriage contract that no physical contact is allowed.
- The Nikāħu l-Mutˤa can be used exclusively for the aim of having sex. #redirect [[Template:Fact]]
- Two people who live in the same house but are not mahram (un-marriable) and must observe hijāb may engage in a symbolic Nikāħu l-Mutˤa with the others' offspring for a minimal amount of time (two minutes or less). The Nikāħu l-Mutˤa does not need to have any practical consequence, but it will make the parent and the offsprings husband or wife permanently mahram to each other, and thus no longer obliged to observe hijāb rules.
- Young unmarried males who live in the West and who can not control their sexual urges when exposed to western culture may decide to use Nikāħu l-Mutˤa as an alternative to Zina. Thus in practice they engage in something very similar to western relations (that is, there is the potential of permanent marriage), but it differs in that there is a specified time as to how long the relationship is to last, with the possibility to prolong that period.
- It is used to marry women from Ahlu l-Kitāb, since only Mutˤa is permitted with them according to Shia fiqh.
- Some divorced men and woman, disillusioned with permanent marriage, prefer to only commit for a few years at a time.
Qur'anic origin
Most 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]
- "('So with those among them whom you have enjoyed, give them their required due') was revealed on the subject of the Mutˤa marriage. A Mutˤa marriage is a marriage that ends upon a predetermined date." Tafsir ibn Kathir [Sunni site].
Tabari in his Tafsir writes under this verse a hadith from Mujahid:
- "The phrase 'So for whatever you have had of pleasure (Istamta'tum) with them by the contract [4:24]' means the Temporary Marriage (Nikāħu l-Mutˤa)." [ref]
This type of marriage was practised during the time of Muhammad, and Muhammad told a Sahāba to "do it." [bukhari 062.052], and some Sahāba benefitted from this type of marriage during the time of both ˤUmar and Abū Bakr [Muslim 3248].
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."
- (Transliterated Arabic): "Wā l-muhsanātu mina n-nisā' illa mā malakat aymānukum kitāba l-Lāhi ˤalaykum wāħilla lakum mā warā' đalikum ān tabtaghū bi'amwālikum muħsinīna ghayra musāfiħīna famā istamtaˤtum bihi minhunna fātūhunna ujūrahunna farīđatan walā junāħa ˤalaykum fīmā tarāđaytum bihi min baˤdi l-farīđati inna l-Lāha kāna ˤalīmān ħakīmān."
- (Arabic): وَالْمُحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللّهِ عَلَيْكُمْ وَأُحِلَّ لَكُم مَّا وَرَاء ذَلِكُمْ أَن تَبْتَغُواْ بِأَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ إِنَّ اللّهَ كَانَ عَلِيمًا حَكِيمًا
Fornication
The phrase "taking (them) in marriage not committing fornication" implies that this is the legal prevention of fornication.\"Istamtaˤtum\"
The phrase those whom you profit by, in Arabic istamtaˤtum bihi, has the same root as Mutˤāħ, that is, MTĦ. The word is usually translated in its general meaning as "those whom ye seek content" or "they whom you have enjoyed". If the word was translated as an Islamic term, the translation would be: "They with whom you have made Mutˤāħ", or "They whom you have married for a fixed time".Tabari in his Tafsir al-Kabir under the verse 4:24 mentioned a Tafsir Qudsi:
- Abu Nadhra said: Ibn Abbas recited the verse 4:24 with the addition of "to an appointed time''". I said to him: "I did not read it this way." Ibn Abbas replied: "I swear by God, this is how God revealed it," and Ibn Abbas repeated this statement three times."
- Abu Nadhra said: I asked Ibn Abbas about temporary marriage (Mutˤāħ of women). Ibn Abbās said: "Do you not read 'For whatever you enjoyed (Istamtaˤtum) them by the contract to an appointed time''?" I said: "If I would have read it this way, I wouldn't ask you (about temporary marriage)!" He replied: "Certainly the verse is about it."
Ujūrahunna
The phrase "give them their dowries as appointed" is "bihi minhunna fātūhunna ujūrahunna farīdatan". "'Ujūrahunna" is derived from ajr "compensation". This is in contrast to the verse on the subject of Nikāħ, verse 4:4. It states:
- (Shakir): "And give women their dowries as a free gift..."
- (Transliterated Arabic): "Wātū' an-nisā' saduqātihinna nihlatan"
- (Arabic): وَآتُواْ النَّسَاء صَدُقَاتِهِنَّ نِحْلَةًَ
\"After what is appointed\"
The section "and there is no blame on you about what you mutually agree after what is appointed" refers to prolonging the marriage or making it permanent, something which is mustahab "recommended". If this doesn't occur, the wife must observe the Iddah, making it impossible for a woman to engage in a Nikāħu l-Mutˤa more than six times per year, assuming a menstruation cycle of 20 days.Muslims' view
This topic is controversial in the Muslim world. Shia deem it as a blessing revealed in the Qur'an intended to make everyday life easier, while Sunnis view it as haram, or forbidden.Although this is the main fiqh difference between 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.
In theory, a Sunni could conclude, just like the Shi'a, that it was Umar that forbade Nikāħu l-Mutˤa, in the same way that he forbade Mutˤa of Hajj, but this knoweldge was lost in history and hence it is halāl to engage in one. This would not cause him to become a non-Sunni (however it would bring much doubt to the legitamacy of Umar's caliphate), in the same manner that Salafi have re-evaluated various laws in Islam.
In either case, both Shi'a and Sunni scholars agree that Muhammad commanded it, and the Sahāba practiced it. It has however been met with disbelief from some Sunni individuals when confronted with evidence that the salaf and early Sunni scholars like Tabari, Ibn Kathir and Imam Muslim belived that Surah 4:24 is about Nikāħu l-Mutˤa.
To see the ahadith that Shi'a and Sunni use to support their arguments, see Hadiths related to Nikāħu l-Mutˤa.
Shi'a view
Muslims in countries that permit Nikāħu l-Mutˤa, such as Iran, have varying views on this form of marriage, depending on how it is used. Some practices are viewed as being more legitimate, while others are viewed as irresponsible.See also
- Ahadith related to Nikāħu l-Mutˤa
- Muslim controversies related to Nikāħu l-Mutˤa
- Islamic view of marriage
References
General
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
- ["Mut'ah 'temporary marriage'"] — sistani.org
- ["Mut'ah, a comprehensive guide"] — Answering Ansar
- http://www.mutah.com/
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
- ["What is meant my 'Mut'ah nikah'? What is its history and place in (the) modern age?"] Understanding Islam
- ["Concept of Mut'uh"] — Ahmad 'Abdullah Salamah, allaahuakbar.net
- http://www.guidedones.com/metapage/frq/umutah10.htm
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