Temporary Marriage

Temporary Marriage (Mut'ah)(*)

Marriage in Islam is a strong bond, a binding contract, based on the intention of both partners to live together permanently in order to attain, as individuals; the benefit of the repose, affection, and mercy which are mentioned in the Qur'an, as well as to attain the social goal of the reproduction and perpetuation of the human species: And Allah has made for our spouses of your own nature, and from your spouses has made for you sons and grandsons ...(16:72) Now, in temporary marriage (known in Arabic as mut'ah), which is contracted by the two parties to last for a specified period of time in exchange for a specified sum of money, the above-mentioned purposes of marriage are not realized. While the Prophet (peace be on him) permitted temporary marriage during journeys and military campaigns before the Islamic legislative process was complete, he later forbade it and made it forever haram. The reason for it was permitted in the beginning was that the Muslims were passing through what night be called a period of transition from Jahiliyyah) to Islam. Fornication was very common and widespread among the pre-Islamic Arabs. After the advent of Islam, when they were required to go on military expeditions, they were under great pressure as a result of being absent from their wives for long periods of time. Among the Believers were some who were strong in faith and others who were weak. The weak ones feared that they would be tempted to commit adultery, a major sin and an evil course, while the strong in faith, on the other hand, were ready to castrate themselves, as stated by Ibn Mas'ud:

We were on an expedition with the Messenger of Allah (peace be on him) and did not have wives with us, so we asked Allah's Messenger (peace be on him), `Should we not castrate ourselves?' He forbade us to do so but permitted us to contract marriage with a woman up to a specified date, giving her a garment as a dower (mahr).

Thus temporary marriage provided a solution to the dilemma in which both the weak and the strong found themselves. It was also a step toward the final legalization of the complete marital life in which the objectives of permanence, chastity, reproduction, love, and mercy, as well as the widening of the circle of relationships through marriage ties were to be realized. We may recall that the Qur'an adopted a gradual course in prohibiting intoxicants and usury, as these two evils were widespread and deeply rooted in the jahili society. In the same manner, the Prophet (peace be on him) adopted a course of gradualism in the matter of sex, at first permitting temporary marriage as a step leading away from fornication and adultery, and at the same time coming closer to the permanent marriage relationship. He then prohibited it absolutely, as has been reported by 'Ali and many other Companions. Muslim has reported this in his Sahih, mentioning that al-Juhani was with the Prophet (peace be on him) at the conquest of Makkah and that the Prophet (peace be on him) gave some Muslims permission to contract temporary marriages. AI-Juhani said, "Before leaving Makkah the Messenger of Allah (peace be on him) prohibited it." In another version of the hadith we find the Prophet's own words, "Allah has made it haram until the Day of Resurrection." The question then remains is temporary marriage (mut'ah) absolutely haram, like marriage to one's own mother or daughter, or is it like the prohibition concerning the eating of pork or dead meat, which becomes permissible under real necessity, the necessity in this case being the fear of committing the sin of zina? The majority of the Companions held the view that after the completion of the Islamic legislation, temporary marriage was made absolutely haram. Ibn 'Abbas, however, held a different opinion, permitting it under necessity. A person asked him about marrying women on a temporary basis and he permitted him to do so. A servant of his then asked, "Is this not under hard conditions, when women are few and the like?" and he replied, "Yes."' Later, however, when Ibn'Abbas saw that people had become lax and were engaging in temporary manages without necessity, he withdrew his ruling, reversing his opinion.

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*. Temporary Marriage (Mut'ah)

When the Holy Qur'an had forbidden the marriage with the maharim women (whether by relation or by Cause), he said: "Lawful to you, beyond all that, is that you may seek, using your wealth, in wedlock and not in licence (1)". Then he immediately said: "Such wives as you enjoy thereby, give them their wages apportionate".

It is clear that the pronoun (thereby =?? ) mentioned in the verse refers to His (GLORY BE TO HIM) speech: "Lawful to you, beyond all that" and the meaning of `enjoy' in the verse is the mut'ah marriage because the verse is Medinite and has been revealed in the first half of the Holy Prophet's (SALLAILAHU ALAYHI WA ALIH) life after hijrah (the emigration from Mecca to Medina) as confirmed by all other verses. However, mut'ah marriage was known among the Muslims undoubtedly and no matter whether or whether not Islam was the first who legislated this rule. This kind of marriage was being witnessed by the Holy Prophet(SALLALLAHU ALAYHI WA ALIH) himself.

Anyhow, the Shi'ah are not the only sect that has given such interpretation to the said verse through Ahlul Bait (PEACE BE UPON THEM) rather the same interpretation has been given by almost all mufassireen (Muslim interpreters), the Holy Prophet's (SALLALLAHU ALAYHI WA ALIH) companions, and the tabi'een (the followers or disciples of the Holy Prophet's (SALLALLAHU ALAYHI WA ALIH) companions, like Ibn `Abbas(2), Ibn Mas'uood(3) Ubay ibn Ka'b, Qutadah, Mujahid, al-Siddi, Ibn Jubair, al-Hasan, etc(4).

However, this verse has not been abrogated by any other verse or a Prophetic tradition. This can be proved by the speech of the second caliph `Umar ibnil Khattab (as quoted in Tafsirul Qurtubi):`Two mut'ahs (enjoys) were being practised in the lifetime of the Holy Prophet(SALLALLAHU ALAYHI WA ALIH); the mut'ah of hajj and the mut'ah of women'(5).

Discussion:

Unfortunately, Dr. al-Qaradhawi had laid great importance to the demonstrations he gave after his confession that mut'ah marriage is a legislated rule. One of these demonstrations:

Sheikh al-Qaradhawi gave the Qur'anic verse:"God has appointed for you of yourselves wives, and He has appointed for you of your wives sons and grandsons(6)" as a demonstration continued proving that mut'ah marriage is not so, while that is not correct. The mut'ah marriage can be the seed of bringing sons and grandsons forth as happened with al-Zubair(7) who took Asma' bint Abi Bakr as a wife under mut'ah marriage and she bore `Abdullah and `Urwa who had inherited him after his assassination(8).

Note:

We would like to ask Dr. al-Qaradhawi a question. Now, if the permanent marriage is enough for the Muslims (both the man and the woman), then why we witness a huge number of fornication's cases in the Islamic countries?

The answer is, the permanent marriage is not enough or satisfactory for the Muslims and his natural instincts, so Islam had legalized another kind of marriage beside the permanent one, i.e. the mut'ah marriage which is a kind of temporary and easy marriage. However, Islam had put some regulations for executing such marriage in order to remove the fornication's traces.

Thus, the temporary marriage is an object of pride which has made by Islam and its easy epistle. So, Imam 'Ali(PEACE BE UPON HIM) used to say his famous words, 'If IbniI Khattab didn't say those words(9), then no one would commit adultery

but a distressed'.

Now, after that, shall any sane say, 'I prefer the fornication to mut'ah marriage?'.

Fixed-time Marriage

Sexual problem of the youth

There is no doubt that the sexual instinct should normally be guided in the direction of permanent marriage and formation of a family. But as all young men at the threshold of puberty and at the time of the outburst of sexual desire are not in a position to contract permanent marriage, they are often involved in perversion and sexual deviation.

In all human societies, of course with some variations, there are many young men and women who, under the impact of sexual urge and being deprived of the blessing of a spouse, waste their energies and talents and instead of concentrating on positive and constructive affairs run into perversion with bitter and unpleasant consequences for themselves as well as for the society. Thus very often the best period of their youth turns into the most bitter period of their life.

Solution of sexual problem

The Islamic teachings which do not ignore any natural desires and the different physical and mental faculties of the individual, and take into consideration all possible social needs have realistically suggested a via media to solve this proplem. The solution proposed by Islam is in conformity with the realities of life and at the same time saves society from an oppressive turmoil which may throw the family system into disarray. In view of the fact that sexual urge is one of the most irresistible desires of the individual, it is evident that, if a right and lawful way to satisfy it is not found, corruption and perversion are inevitable. The Islamic teachings have shown a practical way to resist passions, to keep away from the external forces, stimulating sex and to use the physical and mental faculties in a constructive way commensurate with human life. In view of the fact that everybody has not the power to resist passions and that such resistance sometimes produces undesirable effects, Islam has given a lot of instructions to facilitate marriage, such as those regarding lessening dower, keeping the marriage expenses to the minimum and avoiding unnecessary ceremonies. Thus it has removed many hurdles. Even the students and apprentices before they are self-supporting can contract marriage in a simple manner and need not wait till they are 30 or 35 years old when they complete their higher education or specialize in a particular branch of learning. At this age they usually lose the fervour of the youth and marry simply to get rid of suspense and unsettled life.

Further, with a view to solve the sex problem in the cases where man and woman or boy and girl find no way to permanent marriage, the law of Islam has suggested a sort of non-permanent marriage, called mut'ah.

In this kind of marriage the aim is not to form a family. It is only to have legal sexual relations during a period mutually agreed. That is why the agreement in this respect should be very clear and definite.

Formula of fixed-time marriage

The formula is actually a text of the agreement concluded between the parties. It is usually pronounced in Arabic.

The woman says:

Zawwafoka nafsi fil muddatil ma`loomati alas sidaaqil ma`loom

And the man says:

`Qabiltu''

Or for example the woman says in English:

"I gave myself in marriage to you for the period (as fixed) for the dower (as fixed)"

and the man says:

"I accepted".

It is to be remembered that the children begotten out of this non-permanent wedlock enjoy all the rights and privileges of the children of the permanent marriage and in this respect the family system of Islam presents no problem.

Contrary to the conception of those who hold that the legalization of non-permanent marriage may give currency to free and unlimited relations and thus promote immorality, this scheme is an effective factor in checking debauchery and the consequent disruption of the families. It may be seen in practice that consequent to the confining of legal marriage to the permanent union only and ignoring other individual and social needs, free sexual relations, with all their undesirable effects, exist with some variation in all societies. Those who criticise this sort of marriage, have practically put and are still putting it into practice in some other way. (For details a reference may be made to "The Shia'- Origin and Faith", ISP, 1982).

Now let us see what is the difference in the rules of the permanent and fixed-time marriages.

Rules of fixed-time marriage

Besides the specification of the period of marriage and the amount of dower, there are certain other rules in regard to fixed-time marriage which may be noted:

(1) As the main aim of this kind of marriage is not the formation of a permanent family and shouldering the onerous responsibility of rearing up children, each of the parties can take steps to prevent the birth of a child, whereas in the case of permanent marriage that is possible only by the mutual agreement of the husband and wife.

(2) If a child is born out of fixed-time wedlock, the man is responsible to maintain him and provide enough means for his bringing up.

(3) In the case of fixed-time marriage the husband is not responsible to maintain his wife, unless there is an agreement in this respect.

(4) In this sort of marriage the husband and the wife do not inherit from each other.

(5) The rule regarding the prohibition of establishing sexual relations with others during the period of contract is the same as in the case of permanent marriage.

(6) After the expiry of the period of contract the husband and the wife are automatically separated and there is no need of divorce. Iddah will be imposed only if there has been consummation. It has been ordained with a view to ascertain the paternity of the child that may be born after the termination of marriage. The period of probation in this case is the period covered by two menstrual courses, that is about 2/3 of the iddah of the permanent marriage.

(7) In this sort of marriage, the man and the woman may stipulate a condition that their sexual relations will be of limited nature, and, for example, they will not have intercourse. The man is obligated to abide by the condition agreed upon. Hence such a marriage can be useful during the period of engagement and may be a sort of courtship and trial without a feeling of sin before contracting a permanent marriage.

Anyhow, even in this sort of marriage the wife can stipulate at the time of contracting marriage that she will be entitled to any or all the benefits to which a wife is entitled in case of permanent marriage.

Basic differences between permanent and fixed-time marriages

If we go through the rules of the fixed-time marriage we can observe that it differs from the permanent marriage in the following points:

In this marriage the responsibilities which normally go with the formation of a family do not exist. The husband is not required to provide the means of living of his fixed-time spouse or to bear the expenses of her daily life.

Each of the parties can take contraceptive measures. In the case of permanent marriage birth control can be resorted to only with the consent of both the parties.

There is no moral or legal difficulty in separation at the termination of this marriage, whereas in the case of divorce after contracting permanent marriage there is usually a feeling of anxiety about the future of the other party or of the children.

This kind of union being lawful, there should be no feeling of sin, no twinge of guilt and no conscience prick. That is not the case with illicit relations.

In the case of the possible birth of a child the responsibility to be borne by the husband is clear.

After separation the woman cannot remarry within the period of probation if consummation has taken place.

Fixed-time marriage prevents free sexual relationship and guards against immorality and unchastity.

If we go into these points, it will be clear that Islam has introduced a reasonable and ingenuous method of meeting the problem. This method is still a part of the Shia'h canon law.

Fixed-time marriage from the point of view of others

Those who have looked at this question from a realistic angle, admit that a sort of non-permanent marriage is a reasonable and scientific way of lessening the pressure of sexual urge and preventing it from flowing into a dangerous course. It also saves one from the mental distress caused by a feeling of committing a sin and digressing from the moral principles and legal provisions.

Fixed-time marriage has attracted the attention of a number of Western thinkers. The well-known British philosopher of the 20th century, Bertrand Russell, says: Can the young persons be told to be ascetic and monkish? Is there any assurance that in spite of having free and unlimited sexual relations these young persons will be chaste and faithful after they choose a spouse and marry? Can the increase of the illegitimate children and their impact on the general conditons of the society be overlooked?

How can this problem be solved? What solution does social experience suggest? Note what the same thinker adds: judge Lindsey who served for long time at the Denver Court of justice had an ample opportunity to

observe facts. He proposed that there should be an arrangement called companionate marriage. Unfortunately he had to lose his official job, because it was observed that he was interested in the well-being of the youth rather than creating a sense of sin in them. The Catholics and the Ku-klux klan left no stone unturned to secure his dismissal. Lindsey noticed that the basic problem of marriage was lack of money. Money is required not only on account of possible children, but also because it is not proper that women should provide means of living. As such he concludes that young persons should resort to companionate marriage which is different from normal marriage in three ways:

Firstly, this marriage does not aim at producing progeny. Secondly, so long as the wife does not conceive and does not give birth to a child, divorce will be available with the consent of the parties.

Thirdly, in the case of divorce the wife will be entitled to alimony.

There can be no doubt about the effectiveness of the Lindsey proposal. Had the law accepted it, it would have had great impact on the improvement of morals.

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 (1) Wasa`il al-Shia, Part 14, bab 6 ( The Suckling), hadith no.2.

(2) Holy Qoran IV:22-24.

(3) Wasa`il al-Shia, Part 14, bab 21 ( What is unlawful by relationship of marriage), hadith no.7.

(4) Ibid, Part 14, bab 3 (What is unlawful by relationship of marriage), hadith no.5.

(5) Ibid IV:22

(6) Wasa`il al-Shia, Part 14, bab 3 ( What is unlawful by relationship of marriage), hadith no.1.

(7) Ibid IV:22

(8) Wasa`il al-Shia, Part 14, bab 30 ( What is unlawful by relationship of marriage), hadith no.1.

(9) A woman whose husband has died and prohibited from marrying within a specific time called 'iddah.