Citizendia

Part of a series on the
Islamic Jurisprudence
– a discipline of Islamic studies

Fields
  • Economical
  • Political
  • Marital
    • Intentions
    • Contract
    • Mahr (cf. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the An academic discipline or field of study is a branch of Knowledge which is taught or Researched at the college or university level This is a sub-article to Religious education, Academic discipline, and Islam. This is a sub-article of Fiqh and Law and economics. Islamic economics is Economics in accordance with Islamic law See also Modern Islamic philosophy, Islamism, Islamic terrorism Political aspects of Islam are derived from the Quran, the Sunna In Islamic law Marriage ("ʿurs" عرس is a legal bond and Social contract between a man and a woman as prompted by the Shari'a. In Islam, there are several reasons to marry, and also several things to observe if one is not able to marry. An Islamic marriage contract is a formal binding contract drawn up by parties involved in marriage proceedings Mahr (مهر also transliterated mehr, meher, or mahrieh) is gift mandatory in Islam given by the groom to Dower)
    • Rights and Obligations
    • Nikah
    • Khula
    • Nikah Mut‘ah
    • Sexual
    • Polygyny
    • Talaq
    • Iddah
    • Ma Malakat Aymanukum
    • Adoption
  • Criminal
  • Etiquette
  • Theological
  • Hygiene
  • Military

This box: view • talk • edit

Nikāḥu’l-Mut‘ah,(Arabic: نكاح المتعة, also Nikah Mut‘ah literally, marriage[1] for pleasure[2]), or sigheh, is a time-delimited marriage contract according to the Usuli Shia schools of Shari‘a (Islamic law). Not to be confused with Dowry, or with Dour. Dower or morning gift ( Latin doarium, or Latinized Islam advocates a subservient relationship between husband and wife Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant Nikah Misyar or " travellers' marriage " ( Arabic: ar '''نكاح المسيار''' is the Sunni Muslim Nikah ( Marriage Shia and much Sunni jurisprudence of Sharia disallows a couple remarrying after having been through three divorces Nikah urfi is a kind of Marriage. Etymology 'Urfi (Arabic عرفي comes from the Arabic word 'Urf which means custom convention or a customary act Khula is the right of women in Islam to give divorce or get separation from her husband Nikāḥu l-Mut‘ah (نكاح المتعة marriage for pleasure) or sigheh, is a time-delimited Marriage contract according to the Usuli This is a sub-article of Islamic marital jurisprudence and Human sexuality. This is a sub-article of Sexuality in Islam. Mutual masturbation Muslim jurists state that Mutual masturbation that culminates in This is a sub-article of Sexuality in Islam and Islamic cleanliness. This is a sub-article of Sexuality in Islam and Masturbation. Zina (الزناء in Islam is Extramarital sex and premarital sex The Arabic word haram means something forbidden It has also been incorporated into Urdu and Persian. This is a sub-article to Polygyny and Islamic marital jurisprudence In Islam, Polygamy is allowed and practised under certain restricted A Talaq ( الطلاق) is the Islamic term for Divorce and is used to end a marriage or Nikāħ (النكاح In Islam, iddah or iddat ( Arabic: العدة period of waiting) is a period after a Divorce, during which a In Islamic Divine law, Ma malakat aymanukum is the term for slaves which may be captives of war This is a sub-article to Islamic marital jurisprudence and Adoption. This is a sub-article of Fiqh and Criminal law. Islamic criminal law (فقه العقوبات is Criminal law in accordance This is a sub-article of Islamic jurisprudence and Etiquette. This is a sub-article to Islamic jurisprudence and Islamic theology. This is a sub-article to Fiqh and Hygiene Hygiene is a prominent topic in Islam. Islamic military jurisprudence consists of the basic laws governing the conduct of the military aspects of Jihad (also known as "lesser Jihad " The Arabic alphabet is the script used for writing several languages of Asia and Africa such as Arabic, Persian, and Urdu. Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant NOTICE TO WOULD-BE ROMEOS ************** Usulis ( are the majority Twelver Shi'a Muslim group They differ from their now much smaller rival Akhbari group in favoring the use of Madhhab or Mazhab ( Arabic مذهب mæðhæb pl مذاهب mæðæːhıb) is an Islamic school of thought, or Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term.

Contents

Use

According to Dr. Gabriele Marranci, lecturer in the Anthropology of Islam at the University of Aberdeen, niqah mut'ah as a time-fixed marriage is not mentioned in the Qur'an. The only mention of Islamic marriage is that of niqah itself. But it is surprising that such a learned scholar failed to notice that it is mentioned in Qur'an in surah-e-nisa. (4th sorah of quran).

Allah, to whom belong Might and Majesty, said: (. . . Except the forbidden women) the rest are lawful unto you to seek them with gifts from your property (i. e. , dowry), provided that you desire protection (from sin), not fornication. So for whatever you have had of pleasure (Istamta'tum) with them by the contract, give unto them their appointed wages as a duty. And there is no sin for you in what you both agree (in extending the contract) after fulfilling the (first) duty. Lo! Allah is ever Knower, Wise. (Quran 4:24)

In the above verse, the Arabic equivalent of the word "marriage" or any of its derivatives has NOT been used. Rather the derivative of word "Mut'a" (pleasure/temporary marriage) has been used, i. e. , "Istamta'tum". The word Istamta'a is the tenth verbal form of the root m-t-a. As we will show shortly, the word Istamta'a has also been widely used in the authentic Sunni collections for Temporary Marriage. Of course, Mut'a is one type of marriage, but some of it's regulations are different than the permanent marriage, including the fact that the couple can extend this contract by mutual agreement as the end of verse specifies.

The Nikahu’l-Mut‘ah is used in Shi'ism in various ways:

Rules

Nikahu’l-Mut‘ah resembles a Nikah ("permanent marriage") in many, but not all, aspects. Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant It commences in the same way as a Nikah except that for some, 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 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 iddah (a waiting period) before she can marry anyone else. Sexual intercourse, in its biological sense is the act in which the male reproductive organ (in humans and other higher animals enters the female reproductive tract In Islam, iddah or iddat ( Arabic: العدة period of waiting) is a period after a Divorce, during which a Nikahu’l-Mut‘ah is considered mustahab (recommended) by the Shia. Mustahabb (Arabic مستحبّ literally "recommended" is an Islamic term referring to recommended favored or virtuous actions [3] The Shia also regard it as mustahab (recommended) to extend the marriage or to transform it into a permanent one. Mustahabb (Arabic مستحبّ literally "recommended" is an Islamic term referring to recommended favored or virtuous actions

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. Marja ( Arabic / Persian: مرجع also appearing as Marja Taqlid or Marja Dini ( Arabic / Persian: مرجع تقليد A fatwā (فتوى plural fatāwā فتاوى in the Islamic faith is a religious opinion on Islamic law issued by an Many of the following rules may be changed in the Islamic marriage contract. In Islamic law Marriage ("ʿurs" عرس is a legal bond and Social contract between a man and a woman as prompted by the Shari'a.

Similarities between nikahu’l-mut‘ah and nikah

Differences from "modern dating"

Although Nikah Mut'ah is usually portrayed in the western media as a form of "Islamic dating", there are a few differences between Nikah Mut'ah and modern western dating, mainly:[10]

Difference of opinion

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, disputing its presence in the Qur'an, and adducing that Muhammad never prescribed it and he himself never practiced it. Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic

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. Fiqh ( Arabic: فقه, fɪqəh is Islamic Jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the The question is whether Muhammad or Umar abolished it, it does not define whether one is Shi'a or Sunni. IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics Umar (a=عمر بن الخطاب|t=`Umar ibn al-Khattāb c 581-83 CE &ndash 7 November, 644) also known as Umar the Great or Omar the Great

To see the hadith that Shi'a and Sunni use to support their arguments, see Hadiths related to Nikahu’l-Mut‘ah. Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic There are several recorded oral traditions (Arabic Hadith) from Muhammad used either to prove or to disprove the legality of Nikah Mut'ah, an Islamic marriage

Sunni view (allowed)

Sunnis are allowed to perform a type of Nikah Mutah called Misyar. Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic Nikāḥu l-Mut‘ah (نكاح المتعة marriage for pleasure) or sigheh, is a time-delimited Marriage contract according to the Usuli Nikah Misyar or " travellers' marriage " ( Arabic: ar '''نكاح المسيار''' is the Sunni Muslim Nikah ( Marriage While majority of Sunni's do not believe Misyar is comparable to Nikah Mutah because the difference is that the Shia Mut'ah marriage is based on a contract with a fixed date of expiry. In contrast, the Sunni misyar marriage has no fixed duration. Also Shia Mut'ah does not require any witness, but Misyar does.

Sunni view (forbidden)

Sunnis believe this type of marriage was practised before Islam and during the time of Muhammad. IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics In the hadith below, Muhammad told Sahaba to "do it" since it was made acceptable. In Islam, the Ṣaḥābah (الصحابة "Companions" were the companions of the Islamic prophet Muḥammad. However, within the same Hadith, Muhammad clearly mentions that this form of marriage was to be banned.

Narrated Jabir bin Abdullah and Salama bin Al-Akwa:
While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it. " Salama bin Al-Akwa' said: Allah's Apostle's 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). "bukhari 062.052.

But Sahih Muslim mentions some Sahaba benefited from this type of marriage during the time of both ‘Umar and Abu Bakr Muslim 3248. The reason for Mut'a is explained in sahih bukhari as only when it is very badly needed

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. " bukhari 062.051.

Thus according to Sunni Scholars This type of marriage used to be allowed and then was banned permanently like many other banned things in Islam such as consuming of alcohol which was allowed in the beginning and banned later on in steps . To be easy on those who converted to Islam so they would not have to let go of everything the instant they became Muslims. And so dictates human nature that habits good or bad do not change over night.

It was banned by Muhammad at Khaibar along with eating of Donkey meatbukhari 059.527. another Hadith by a different Narrator is

The complete Hadith:

Narrated Muhammad bin 'Ali:
'Ali was told that Ibn 'Abbas did not see any harm in the Mut'a marriage. 'Ali said, "Allah's Apostle forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's meat. "Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal. " Others said, "The marriage is valid but its condition is illegal. " bukhari 086.091

Shi'a view

According to Usuli Shia scholars Mut'a is a valid marriage. Muslims in countries that permit Nikahu’l-Mut‘ah, such as Iran, have varying views on this form of marriage, depending on how it is used. For a topic outline on this subject see List of basic Iran topics. Some practices are viewed as being more legitimate, while others are viewed as irresponsible.

Qur'anic origin

Some Muslims believe that this institution was established by God through Muhammad in the Qur'an. IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran Its single mention in the Qur'an is verse 4:24.

The prominent Sunni exeges ibn Kathir states in his Tafsir:

Arabic: 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 Mut‘ah marriage. Ismail ibn Kathir (ابن كثير (1301&ndash1373 was an Islamic scholar and renowned commentator on the Qur'an. Tafsir ( Arabic: تفسير, tafsīr, "interpretation" is the Arabic word for Exegesis The Arabic alphabet is the script used for writing several languages of Asia and Africa such as Arabic, Persian, and Urdu. A Mut‘ah marriage is a marriage that ends upon a predetermined date. " Tafsir ibn Kathir Sunni site. Tafsir al-Qur'an al-Azim, popularly Tafsir ibn Kathir, is a classic Sunni Islam

The event of revelation was during the battle of Hunayn in 9 ah (631 CE) Muslim 3432. This is a sub-article to Muhammad after the conquest of Mecca.

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 (Nikahu’l-Mut‘ah). Tafsir ( Arabic: تفسير, tafsīr, "interpretation" is the Arabic word for Exegesis Hadith ( ar الحديث, pl aḥadīth; lit. "narrative" are oral Traditions relating to the words and deeds of the Islamic " ref

Sunni Scholars, however, say 4:24 does not permit temporary marriage. The refutation of this is the fact that prior to this Allah mentions the women whom a man is forbidden to marry, then he mentions what is permissible for him, and He commands the man to give to the woman he marries her mahr. - Shaykh Munnajjid (1) Shi'a scholars argue that is not relevant because the individual verse permits Istamta'tum by means of contract. The preceding and anteceding verses give the guidelines as to whom is permissible to marry. The full verse is:

The word "istamtaˤtum"

The phrase those whom you profit by, in Arabic istamtaˤtum bihi, has the same root as Mut‘ah, 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". The following list consists of Concepts that are derived from both Islamic and Arab tradition which are expressed as words in the Arabic language.

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". Tafsir Qudsi ( تفسير قدسي) (or Sacred Tafsir) are a form of Tafsir, or Qur'anic commentary Abd-Allah ibn Abbas (عبد الله ابن عباس) was a cousin of Muhammad. 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. Abd-Allah ibn Abbas (عبد الله ابن عباس) was a cousin of Muhammad. "

Al-Tha'labi in his Tafsir al-Kabir, under commentary of verse 4:24 narrated a similar tradition from Sa'id bin Jubayr. Sa'id bin Jubayr (665-714 (سعيد بن جبير also known as Abū Muhammad was originally from Kufa, in modern-day Iraq. Tabari continued:

Abu Nadhra said: I asked Ibn Abbas about temporary marriage (Mutˤāħ of women). Abd-Allah ibn Abbas (عبد الله ابن عباس) was a cousin of Muhammad. 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. "

Tabari continues to say that Ubay Ibn Ka'ab also knew that tafsir ref. Ubay ibn Ka'b (d 649 also known as Abu Mundhir (the father of Mundhir was a companion of the Islamic prophet Muhammad and a person of high esteem in the early

Ujūrahunna

The phrase "give them their dowries as appointed" is "bihi minhunna fātūhunna ujūrahunna farīdatan". "'Ujūrahunna" is derived from ajr "compensation"/"payment". This is in contrast to the verse on the subject of Nikah, verse 4:4. Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant It states:

The word translated in 4:4 as "dowries" is "saduqātihinna". It is not the same word as used in 4:24, although it is often translated as such. In fact, 4:4 refers to "dowries" while 4:24 refers to "compensation"/"payment". Furthermore, 4:4 says "dowries as a free gift", while 4:24 says "dowries as appointed". However, this should only be taken as a difference between the Nikah vers of 4:4 and the Nikahu’l-Mut‘ah verse of 4:24 and it does not constitute a proof that "ujūrahunna" refers to only Nikahu’l-Mut‘ah, since the same word is used in verse 33:50 when referring to Nikah. Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant

"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 Nikahu’l-Mut‘ah, and have sexual intercourse with more than six partners per year, assuming a menstruation cycle of 20 days. In Islam, iddah or iddat ( Arabic: العدة period of waiting) is a period after a Divorce, during which a Sexual intercourse, in its biological sense is the act in which the male reproductive organ (in humans and other higher animals enters the female reproductive tract

See also

References

General

  1. ^ http://www.sensagent.com/dictionnaires/ar-en/نكاح/ALEXMN/
  2. ^ http://www.sensagent.com/dictionnaires/ar-en/متعة/ALEXMN/
  3. ^ a b c See website of a Grand Ayatollah, and refer to temporal marriage fatwas. There are several recorded oral traditions (Arabic Hadith) from Muhammad used either to prove or to disprove the legality of Nikah Mut'ah, an Islamic marriage This article tries to represent the Shi'a and Sunni views regarding Muslim controversies related to Nikah Mut'ah, or temporary marriage In Islamic law Marriage ("ʿurs" عرس is a legal bond and Social contract between a man and a woman as prompted by the Shari'a. Nikah Misyar or " travellers' marriage " ( Arabic: ar '''نكاح المسيار''' is the Sunni Muslim Nikah ( Marriage
  4. ^ Camelia E. Fard. Unveiled Threats. Village Voice, 28 March 2001
  5. ^ “Prostitution Behind the Veil”, Film (no. This article is about a New York newspaper For the Ottawa Hills Ohio magazine see The Village Voice of Ottawa Hills. 39), November 2004, <http://www.dfi.dk/tidsskriftetfilm/39/prostitutionbehind.htm> .
  6. ^ Prostitution Behind the Veil at the Internet Movie Database
  7. ^ http://photo-origin.tickle.com/image/135/0/2/O/135028214O971296222.jpg
  8. ^ (پايگاه اطلاع رسانى حضرت آية الله العظمى جناتى (مد ظله العالى
  9. ^ a b http://photo-origin.tickle.com/image/100/3/7/O/100375044O531984102.jpg
  10. ^ The rules mentioned here are common amongst all marjas, refer to their websites

8 - "mutah. Marja ( Arabic / Persian: مرجع also appearing as Marja Taqlid or Marja Dini ( Arabic / Persian: مرجع تقليد " Encyclopædia Britannica. Encyclopædia Britannica 2007 Ultimate Reference Suite. Chicago: Encyclopædia Britannica, 2006.

Shia links

Fatāwa from different marja:

Sunni links

A fatwā (فتوى plural fatāwā فتاوى in the Islamic faith is a religious opinion on Islamic law issued by an Marja ( Arabic / Persian: مرجع also appearing as Marja Taqlid or Marja Dini ( Arabic / Persian: مرجع تقليد Nikah Misyar or " travellers' marriage " ( Arabic: ar '''نكاح المسيار''' is the Sunni Muslim Nikah ( Marriage
© 2009 citizendia.org; parts available under the terms of GNU Free Documentation License, from http://en.wikipedia.org
 Dapyx Software network: MP3 Explorer | Ebook Manager | Zenithic