From: Dina Istova
Mut'ah is Adultery
Make
Sure You Read This, Please!!!
You Or Someone You Know Might
Be Getting Affected By This!!!
I was fourteen years old and
my relationship with my parents was on
the edge just like any
other teenager. I started to become
interested in boys. I felt as
if no one understood me, not even my
friends. I especially didn't
feel pretty with my braces
It all changed when I met him . It
was fascinating to know that a
college student would care so much
about me. He was the most
wonderful person. He treated me like a
queen, and soon we became the
best of friends. I felt I could
tell him anything. As our friendship
progressed, we talked about
different topics including religion. He
had different beliefs
than me; he was Shia while I was Sunni. We
always argued upon the
differences. He had a way with making things
sound better than
what they were. Soon I became very confused.
One day he
mentioned the idea of mut'aa a. He told me that it was a
type of
temporary marriage, which was Halaal even in Sunni books. At
first
I didn't t believe him, but he used sources such as Bukhari
and
Muslim. I took his word for it, and before I realized, I was
into
a lot of trouble. I was in Mut'aa a for four years. As time
went
by, I learnt that I had lost my honor and dignity to someone
who
had done this to several other girls. Allah helped me open my
eyes
and realize what I had gotten myself into. By now, I was on the
verge of switching beliefs to be a Shi'ia. At this point, I
decided
to really search for the truth. Since I cannot present
the whole
research, I have tried to give a very brief idea about
Mut'aa.
I hope to inform and educate the people about the
disease of
Mut'aa , which is spreading rapidly in the Sunni
community. It is
the goal of certain Shi'ia individuals to do
Mut'aa a with innocent
girls, who lack knowledge of religion and
experience of life. They
convince them with their beliefs, and
create confusion in their
minds. I beg every sister, brother,
father, mother, and friend to
take a closer look at their dear
ones, and make sure they do not
become victims to the concept of
Mut'aa.
Mut'aa a is a form of temporary marriage where a man
can marry a
woman for an agreed amount of time and money (mahr).
In Mut'aa, the
husband is not financially responsible for the
wife. If she bears a
child though, then the husband is
responsible for supporting the
child financially. There are no
set limits in this kind of marriage
by the SHI'AS. According
Shi'ia beliefs, Mut'aa a is permissible
when one cannot do Nikaah
and the need for committing adultery
exists, no witnesses nor a
permission of the guardian is needed (the
Sunni father does not
believe in Mut'aa), and there is no limit on
the number of Mut'aa
a one can do. Also, the time period can be as
little as one hour
to as long as sixty years. In addition, a man who
is permanently
married can do as many Mut'aa a as he feels like.
This is very
similar to prostitution indeed
In the history of Islam, The
Prophet (saws) allowed Mut'aa a twice
in his lifetime. The first
time the Prophet (saws) allowed it for
three days, at the war of
Khaiber, and after three days it was made
Haram . Once Ali argued
with a man who believed in Mut'aa and told
him that the Prophet
(saws) made Mut'aa and the meat of donkey
Haram on the day
of Khaiber (Bukhari vol. 7, pg. 287 and vol. 4 pg.
134). This
Ahaadeeth can also be found in Shi'ia Ahaadeeth books,
which I
will mention later. The second time the Prophet (saws)
allowed it
was at the conquest of Mecca, for three days, and then he
made it
Haram again till the day of Judgment (Muslim vol. 4 pg.
133).
Notice, the practice of Mut'aa a was then made Haram till the
Day
of Judgement. This is confirmed with the Ahaadeeths in the
following
books: Imam Ahmed's Musnad vol. 16 pg. 192-193, Muslim
vol. 4,
pg. 132, Baihaqee vol. 7 pg. 293-294. Since there was a time
when
Mut'aa a was Halaal. Therefore, one can find Ahaadeeth saying
that
it was Halaal. However, the latter Ahaadeeth, which follows the
final order of jurisprudence set by the the Prophet Muhammad
(saws)
takes precedence over the former Ahaadeeth.
Ninety-nine
percent of the companions followed this opinion, but
there was
one percent who believed Mut'aa a can be performed in
extreme
case of necessity in the land of war. This one percent is
divided
into two groups. One says, it is allowed with the caliphs
permission, and the other says there is no need for the
permission .
Those who do not believe in caliphs permission say
that it was Umar
who made it Haram. Their proof is based upon an
opinion by a
companion namely Ibn Abbaas. People misused this
opinion of Ibn
Abbaas until he clarified himself and said,
Wallahi I did not mean
what they did! I meant similarly to what
Allah meant when he allowed
the meat of dead animals and pork to
be eaten in extreme necessity.
This is referring to the time when
people abused the rule of
necessity at time of Umar, following
the understanding of the one
percent. Finally, Umar declared and
taught it to be Haram when a
lady came to Umar complaining about
how her husband in Mut'aa, who
was married, would not take
responsibility of the child. He realized
how the society was
becoming corrupt with similar conditions to
adultery. Thus, he
had to teach people and make Mut'aa Haram even
in the case
of the one percent opinion
The Shi'ia themselves have a
Ahaadeeth narrated by Ali which states
that the Prophet made
Mut'aa a Haram on the day of Khaiber (Book of
Tahdeeb: vol. 7,
pg. 251, rewaya 10). The author states that Ali
lied for the
purposes of safety (taqqiya). In Book of Istebsar: vol.
3, pg.
142, rewaya 5, there is a declaration by Ali that Mut'aa a is
Haram.
Again they accuse Ali of lying for safety reasons (taqqiya).
With
the given confusion in the books of Shi'ia's regarding Mut'aa
a,
and it being Haram among the Sunnis, should really make one think
hard before believing that they are doing marriage in a Halaal
way
and in the name of Allah.
If Mut'aa a is not an
excuse for satisfying lust, then what is it!
It seems to be the
easiest solution for adultery. If Mut'aa a really
was to be done
in case of need then why is it permissible for a
married person
to do Mut'aa ? Also, if one cannot marry due to
financial
insecurity then how can one be responsible for supporting
the
child and not be able to support the wife?
The Shi'ia also use
the Qur'ân, Surah 4 ayah 24, as a reference to
support
Mut'aa. They use this aayaah without consideration of the
previous
or following verses. The aayaah cannot be looked at alone.
An
example of this is Surah 107 verse 4 So woe to the worshipers, If
we
look at this aayaah alone we would think Allah is angered by the
worshipers, but if we read on it says in verse 5 who are
neglectful
of their prayers. This gives a better understanding of
what Allah is
telling us. If we read till the end, we will get a
better
understanding of what Allah is trying to say.
Now,
the Shi'ia look at only surah 4 aayaah 24. When Allah says
Except
for those all other are lawful, provided ye seek (them in
marriage)
with gifts from your property Desiring chastity, not lust.
We
take into consideration the aayaah before, that describes all the
women forbidden for marriage. Surah 4 aayaah 23, Prohibited to
you
(for marriage) are-your mothers, daughters, sisters; father's
sisters, mother's sisters; Thus, when Allah says in aayaah 24
that
all other are lawful we understand it as all other are
lawful women.
The aayaah continues seeing that ye derive
enjoyment from them give
them their dower (at least) as
prescribed The Shi'ia say that
Mut'aa is the
enjoyment-marriage that Allah is talking about, and
that you pay
for this enjoyment. To get a clear understanding of how
we
translate this aayaah we have to know this is a sharee'ah hukum
(judgment) from Allah about the payment of the dower.
If
a man marries a woman and then divorces her, there are four
different scenarios that could happen concerning the dower. They
are
as follows:
1)A man does not enjoy his wife and he
does not assign a dower.
2)A man does not enjoy his wife but
he assigns a dower.
3)A man enjoys his wife but he doesn't
assign a dower.
4)A man enjoys his wife but he doesn't pay
the the assigned dower.
The first hukum is in surah 2 verse
236, There is no blame on you if
ye divorce a women before
consummation or the fixation of their
dower: but bestow on them
(a suitable gift) . There is also a
Ahaadeeth that the Prophet
divorced a women before he touched her or
assigned a dowry. He
gave her some gifts (2 pairs of clothing), and
then he released
her.
The second hukum is in surah 2 verse 237, And if ye
divorce them
before consummation but after the fixation of a
dower for them, then
the half of the dower (is due to them), The
third hukum is in surah
4 verse 4 And give their dower as an
obligation;.. In Arabic, this
word that has been translated into
obligation can be more closely
translated into standard
obligation So the man should pay to her
what the Muslim society
has made into a standard.
The last hukum is if you assigned
mahr and enjoyed your wife you
should pay it since you enjoyed
her whether there is a divorce or
not.
This hukum is in
surah 4 aayaah 24, seeing that ye derive enjoyment
from them give
them their dower (at least) as prescribed; but if
after a dower
is prescribed, ye agree mutually (to vary it), there
is no blame
on you, and Allah is All-Knowing, All-Wise For the
Shi'ia, it is
a law that you pay the dower before the enjoyment or
else there
cannot be a Mut'aa. This aayaah is talking about coming
to an
agreement and discussing the payment of the dower even after
the
whole thing is over or paying it after the enjoyment. So we can
see
that Mut'aa a does not fit.
There are also other differences.
If you keep reading to aayaah 5 it
says If any of you have not
the means wherewith to wed free
believing women, they may wed
believing girls from among those whom
your right hand possess and
Allah hath full knowledge about your
faith. Ye are one from
another: wed them with the leave of their
owners and give them
their dowers, according to what is reasonable:
they should be
chaste not lustful.. This aayaah says that permission
is needed
from the guardian, and the aayaah continues teaching us
about the
differences in the law of the free believer and the right
hand
possess. In the end of the verse, it says that even to marry
what
the right hand possess is a big dislike to Allah that a person
should not do unless he is really in danger of committing a big
sin.
Then Allah permitted to marry this group, but still
suggested to be
patient and have self control, since it is better
for us. The same
understanding can be seen in surah 23 aayaah
5-7. Allah teaches us
that there are only two types of marriages
allowed: the normal one
and the marriage with the right hand
posses. Whoever exceeds these
two limits Allah says they are
transgressors . How can Shi'ia place
the Mut'aa in the previous
aayaah when this aayaah clearly limits
marriage to these two
types?
Also in the Qur'ân, we see that when ever Allah
mentions marriage he
also teaches us about divorce. When a man
marries a chaste woman,
and wants to leave her, he has to first
divorce her. This can be
seen in the following surah and aayaahs,
65:1, 2:231, 2:232, 2:236,
2:37, 33:49, 66:5
In Mut'aa ,
there is no divorce; once you pay the set amount of
money and the
assigned time ends there is no rights, no duty, no
inheritance
laws, or divorce process. The only law is that the woman
waits
for a period of 45 days before she enters into another Mut'aa,
while
the man can have immediate one, even while he is married or in
another Mut'aa. This goes against what Allah assigned for
marriage
in the Qur'ân. In Surah 2 aayaah 228 Allah says,
Divorced women
shall wait concerning themselves for three monthly
periods and it is
not lawful for them to hide what Allah hath
created in their wombs.
If they have faith in Allah and the last
day . In Mut'aa she can be
pregnant with the child of her first
Mut'aa husband and be married
to her second Mut'aa husband or the
permanent. In the book of
Mustadrak-Alwasa il (Shi'ia authentic
Ahaadeeth book) vol. 7 book 3
pg. 506 rewayah 8762 ,it states
that the prophet (saws) said that
who ever cannot find the
ability to get married let him fast, My
Ummah's protection is
fasting. Also in Beharul-Al-anwaar (Shi'ia
Ahaadeeth book in
vol.14 pg. 327 rewayah 50:21) it states that Imam
Ali said and
seek protection from women desire by fasting. What is
the need
for fasting if Mut'aa is OK ? It is obvious that this
contradict
this idea .I hope and pray that we will take this matter
seriously.
Everyday more and more girls in our community are falling
victims to
this idea presented by the Shi'ia individuals. These
girls are
helpless in asking anyone for help, especially their
parents.
Please, teach and inform one another about the idea of
Mut'aa, and
our beliefs regarding it. Please do it for the honor
and dignity of
our Islam and for the love of Allah!
(To
Muslim Women, I hope you are all becarefull about it... save
your
self under Qur'an and Sunnah, Don't follow your Nafs )
Hanafi
Mazhab: stated in Fathul Qadir that the temporary marriage is
void,
and defined this marriage as a man saying to a woman I will
enjoy
you so many times for a certain sum of money. He also said in
AlHashia after dealing with the two different types of temporary
marriage, that it is a contract with a woman which is formed with
the intention of not providing security or fosterage for a child,
instead it is for a fixed period, and the marriage ends with this
period, or a non fixed period based on the person's stay with the
wife until he decides to leave, and then the contract is ended.
Shafi'i Mazhab: temporary marriage is a marriage for a
period, so if
it was requested of a guardian to marry his ward
for a month, this
would be a void marriage.
Maliki
Mazhab: temporary marriage is one for a term, as if saying to
the
guardian allow me to marry your ward for a month for such a fee,
if
they agree, the marriage would be void and both spouses would be
liable to a penalty. This marriage is ended without a divorce,
regardless of whether it is before consummation or after.
Hanbali Mazhab: Temporary marriage is a marriage for a term
whether
fixed or not, there is no difference whether it is
labelled as a
marriage or not, where the man says to the woman
allow me to enjoy
you, she says I give you myself for enjoyment,
without a guardian or
two witnesses. The temporary marriage
raises two issues. One for a
fixed term having a guardian and two
witnesses, or one called
enjoyment not having a guardian or
witnesses. In both cases it is
void.
After the opinions
of the four Mazahib, we report the opinions of
scholars from
other Mazahib below.
Ibn Hazm said, "temporary marriage
is not permitted; this is a fixed
marriage which was permitted at
the time of the Messenger (s.a.w.),
then Allah superseded it
through His Messenger (s.a.w.) until the
day of resurrection."
Imam Shawkany: "We worship in accordance with what we
learnt from
the Messenger (s.a.w.), and we have ascertained the
authenticity of
his eternal prohibition of temporary marriage.
The fact that some
companions were not aware of this does not
negate the large number
of companions who were aware and who have
acted upon the prohibition
and proclaimed it."
Qady
'Ayyad said: "The scholars reached consensus that temporary
marriage was a marriage for a term with no inheritance, its
separation at the expiry of the term without dispute, the
consensus
after this was that it was prohibited according to all
the scholars
with the exception of the rejectors. Ibn 'Abbas
allowed it until he
became aware of the prohibition and then
forbade it and said: "If
temporary marriage takes place now,
it is void regardless of whether
it had been consummated or not."
Imam Nawawy said: "The truth of the matter is that it
was permitted
and prohibited on two occasions. It was permitted
before Khaybar,
then prohibited, then permitted on the day of
liberation, the day of
Awtas, then prohibited forever after three
days of the event."
Imam Bayhaqi said: "Imam Ja'far
Bin Mohammad was asked about
temporary marriage, he said: 'It is
adultery.' "
Before we close this research, we refer to
the words of Imam Alfakhr
AlRazy in response to those who claim
that 'Umar added the
prohibition of temporary marriage himself.
So they declared him as
an apostate and attributed apostasy to
all who did not stop
him: "all this is erroneous. All that
is left to say is that
temporary marriage was permitted during
the time of the Messenger
(s.a.w.), and I prohibit it with what
has been authenticated with me
that the Messenger of Allah
(s.a.w.) prohibited it."
In this manner we see the
manner in which Islam treated the issue of
temporary marriage and
how it became prohibited forever until the
day of resurrection as
has reached us through the true Ahadith.
There is no doubt that
contemplation in this brief message will find
in it convincing
proof that temporary marriage is prohibited for
those who believe
in Allah and are free from blind loyalty. We
supplicate Allah
Most High to make us of those who listen to the
words and follow
the best standard therein.
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