TwelverShia.net Forum

Is Mutah Really Halal For Shia?

0 Members and 2 Guests are viewing this topic.

Ibrahim

Re: Is Mutah Really Halal For Shia?
« Reply #220 on: January 12, 2018, 06:22:29 PM »



As-Salaamu alaikum dear brothers and sisters,

This video articulates many of the issues under discussion here and is well worth 50 minutes of your time:



iceman

Re: Is Mutah Really Halal For Shia?
« Reply #221 on: January 12, 2018, 10:23:00 PM »
People blessed with wisdom will judge it.

I'm sure there are people who are blessed with wisdom and I'm sure you are too. I've been asking a question for some time now and I haven't got an answer till yet.

According to the Ahle Sunah the Prophet (s) prohibited Mutah, why? What was the reason and purpose? Surely there must have been a reason and purpose for the Prophet (s) to ban Mutah. What was it?

Is this what your belief and faith is based on,

"yes the Prophet (s) prohibited Mutah but we don't know why.'

iceman

Re: Is Mutah Really Halal For Shia?
« Reply #222 on: January 12, 2018, 10:27:41 PM »
He was wrong in his opinion. We reject his fatwa. This doesn't mean critizing Islam. As simple as that.

And for the same reason we don't need to accept and take everything every single Shia scholar says or every single thing written in every single book by a Shia. Surely you understand this that what applies to you also applies to us. We should be given and have the same right don't you think?

Mythbuster1

Re: Is Mutah Really Halal For Shia?
« Reply #223 on: January 13, 2018, 12:01:07 AM »



As-Salaamu alaikum dear brothers and sisters,

This video articulates many of the issues under discussion here and is well worth 50 minutes of your time:





W alaikum asalam wa rahmatullah wa barakatu

Lol the tattooed priest he is funny to watch......not much to learn from a fitna monger but fun yes👍

iceman

Re: Is Mutah Really Halal For Shia?
« Reply #224 on: January 13, 2018, 12:14:44 AM »

W alaikum asalam wa rahmatullah wa barakatu

Lol the tattooed priest he is funny to watch......not much to learn from a fitna monger but fun yes👍

If he was a Suni then you wouldn't find it funny. Heck you wouldn't even post it. 😂

Mythbuster1

Re: Is Mutah Really Halal For Shia?
« Reply #225 on: January 13, 2018, 12:29:20 AM »
If he was a Suni then you wouldn't find it funny. Heck you wouldn't even post it. 😂

 "It was narrated that Abu Juhayfah (may Allah be pleased with him) said: “The Prophet (peace and blessings of Allah be upon him) cursed the one who does tattoos and the one who has a tattoo done.”

And that’s your scholar......he is a cursed tattooed soul😂👍

iceman

Re: Is Mutah Really Halal For Shia?
« Reply #226 on: January 13, 2018, 12:41:08 AM »
"It was narrated that Abu Juhayfah (may Allah be pleased with him) said: “The Prophet (peace and blessings of Allah be upon him) cursed the one who does tattoos and the one who has a tattoo done.”

And that’s your scholar......he is a cursed tattooed soul😂👍

Well since you've mentioned that he's our scholar then he wouldn't believe in what you've quoted then, would he to begin with?😀 Honestly you should be in kindergarten. Your behaviour is so childish.

Mythbuster1

Re: Is Mutah Really Halal For Shia?
« Reply #227 on: January 13, 2018, 01:03:36 AM »
Well since you've mentioned that he's our scholar then he wouldn't believe in what you've quoted then, would he to begin with?😀 Honestly you should be in kindergarten. Your behaviour is so childish.

What are you waffling on about now?

He is your scholar and a poster has posted his vids to watch......I say he is not worth watching and him having tattoos is only 1 reason for no watching him. I provided a Hadith from us that goes against his tattoos....basically if he can’t follow a sunnah then he is of NO VALUE....simple.

I didn’t post the vid up to watch.....Mr  simpleton.

I think you have comprehension problems as many other brothers have also mentioned.


iceman

Re: Is Mutah Really Halal For Shia?
« Reply #228 on: January 13, 2018, 01:14:45 AM »
What are you waffling on about now?

He is your scholar and a poster has posted his vids to watch......I say he is not worth watching and him having tattoos is only 1 reason for no watching him. I provided a Hadith from us that goes against his tattoos....basically if he can’t follow a sunnah then he is of NO VALUE....simple.

I didn’t post the vid up to watch.....Mr  simpleton.

I think you have comprehension problems as many other brothers have also mentioned.

Stop jumping up and down and try to post and say something useful and worth while. There's a clear difference between your and our Sunah. We follow the Prophet's (S) Sunah.

And you follow the Sunah of either  Imam Abu Hanifa or one of the other Imams. You're suni Hanfi or something else. You abandoned the Prophet's (s) sunah along time ago.

And so did certain rulers after his (s) death onwards started to bring about a change one way or the other based on their decisions.

GreatChineseFall

Re: Is Mutah Really Halal For Shia?
« Reply #229 on: January 13, 2018, 01:56:43 AM »
Quote
GreatChineseFall Here's a link to the rulings of Ayatollah Seyyed Ali al Sistani on the subject:

https://www.sistani.org/english/book/48/2348/

No 2406 is relevant to your inquiry. Some other scholars rule that permanent marriage with Kitabi women is halal but makruh.

This doesn't prove anything. It says "A Muslim woman cannot marry a non-Muslim, and a male Muslim also cannot marry a non-Muslim woman who are not Ahlul Kitab. However, there is no harm in contracting temporary marriage with Jewish and Christians women, but the obligatory precaution is that a Muslim should not take them in permanent marriage." So as per obligatory precaution it is not allowed, that is different from makruh. Who are those other scholars?
Regardless of it being makruh, why is it different from mut'ah if conversion is sought? A Kitabi woman can convert due to a permanent marriage just as well as due to a temporary one. As far as the permanent one is concerned, you can always divorce after the same period of a potential temporary one if things don't work out.

Quote
Yes, naturally for Muslims with good akhlaq to spend time around non-Muslims can be a form of da'wah. Women converting to Islam to marry Muslim men, or due to being impressed by Muslims' adab, is a common occurrence.

Irrelevant, Muslim women may earn a living from this practice, that doesn't mean that that is the intended purpose of mut'ah. What the consequences are or what it is used for, is irrelevant as to the reason why mut'ah is allowed. Mut'ah isn't allowed so that people have an extra da'wah tool to use. And why is it forbidden for married men? Are unmarried men the only ones who are suitable to show good akhlaq and convert them?

Quote
In the case of children, to my understanding it will be similar to permanent marriage with Kitabi women whereby, assuming they don't revert, the situation is allowed but undesirable.

It is not similar, because one is closed off and forbidden and the other is allowed.

Quote
Of course Allah(swt) has not made this Deen inconvenient for us. The above situation is one which I opined would be unlikely, though an eminent case would be that of a man away from home for extended periods of time.
If it is unlikely, then all the more reason not to allow more than four women, permanently and temporary in order to avoid abuse. Additionally, as per Shi'i scholars, it is not allowed to stay away for that long from one's wife and maybe he should divorce his wives so that his wives can move on instead of being neither married nor unmarried.

Quote
For a man who isn't away from home, he may prefer to contract mut'ah than to provide support freely, or there may be other contingencies.
What a man prefers is irrelevant as a man may also prefer to have 5 permanent wives.

Quote
An "admission" of something we're already aware of?
We already know that mut'ah is contracted for sexual relations to take place without sin; but it also has other social functions.

Let me correct you here, because you don't seem to understand the criticism:
Quote
We already know that mut'ah is contracted for sexual relations to take place without sin; but it CAN also have other social functions, IT DOESN'T HAVE TO
This is what you don't seem to understand or are unwilling to understand. All those examples are convenient from an apologetic point of view. You may try to convert a Kitabi woman, BUT YOU DON'T HAVE TO. You may try to get to know each other, BUT YOU DON'T HAVE TO.
It is perfectly fine to contract a mut'ah marriage for the sole purpose of satisfying one's sexual needs and this is what you are unwilling to defend. As I said, a greater sign of insecurity is if people are dishonest about what they believe because they are too embarrassed to openly stand for what they believe.

You said earlier:
Quote
This reality is in stark contrast to the ideas of those who try to paint mut'ah as some sort of licence for promiscuity.
It is actually exactly that, it doesn't matter how it is used by some people. As I said before, women may earn a living by doing this practice, that doesn't change the intended purpose of mut'ah to be a licence to earn a living. People can convert christian women with this practice, that doesn't mean that the purpose of mut'ah is to provide for a licence or a meanse to convert people. The main purpose of mut'ah is to provide a means to satisfy one's sexual needs and it's perfectly fine if it is SOLELY done for that. That is the whole idea behind mut'ah being made halal according to Shi'i scholars. So how is it not a licence to promiscuity?

By the way, would you have a problem with it if it was a licence to promiscuity? Is there something wrong with promiscuity? Promiscuity is defined as (and let's take Wikipedia's definition for example):
Quote
Promiscuity is the practice of having casual sex frequently with different partners or being indiscriminate in the choice of sexual partners.
With casual sex being defined as:
Quote
Casual sex is sexual activity that takes places outside a romantic relationship and implies an absence of commitment, emotional attachment, or familiarity between sexual partners.
In addition you said:
Quote
The whole attitude of portraying sexual needs as being inherently embarrassing and shameful is not derived from Islam, but instead reflects the Christian attitude.
So let's see if you are embarrased. Again, is there something wrong with promiscuity? Do you have an issue with casual sex? Is this something to be ashamed of? Is it ok to satisfy one's sexual needs (in a halal way of course) without any commitment towards the other partner other than the duration of the act?

Quote
Regarding the "recommended" status of mut'ah, to my understating that's true but it depends on the circumstances. Marriage on the whole is recommended in Islam, and one of the many reasons for this is to satisfy physical needs in a halal manner. This is true for the Islamic view of marriage in general, so I don't concur with the "difference" you note in your last sentence.

I don't know how to make it clearer, in mut'ah the main intended purpose is providing people with a lawful means to satisfy one's sexual needs and it CAN have other social functions. However, a commitment towards each other, other than financial compensation in the case of a man, is not required. Keyword is "can" here.
In a marriage, whether misyar or not, whether 'urfi or not, satisfying one's sexual needs is one of many goals where establishing a relationship between the two partners is sought and commitment towards each other is required and can't be ignored.
This is also the reason why mut'ah has a designated time period in the first place and this is also why it is equated with prostitution by some. There isn't a single contract that I know of where commitment is optional, even in a boyfriend/girlfriend relationship commitment towards each other is implied. The only other contract where a woman is financially compensated for allowing a man to satisfy his sexual needs without any implied commitment is prostitution.

Quote
Something I must remind you of is that according to all Muslims, the Holy Prophet(saws) made mut'ah halal and instructed the sahaaba to do it.

When you're questioning me from a skeptical angle, you're questioning something Allah(swt) and His Messenger(saws) made halal, according to your own beliefs.

Marrying siblings was made halal for the children of Adam(as), alcohol was halal during the time of our Prophet(saws), that doesn't take away one's right to critize the practice once it is forbidden.

zaid_ibn_ali

Re: Is Mutah Really Halal For Shia?
« Reply #230 on: January 13, 2018, 02:15:59 AM »
Iceman comes across as one of them embarassing desi’s.

Why is there not even one single shia who comes on this site who addresses any subject in a clear academic manner?

I can see why twelver sciences are so weak, as their forefathers were an embarassment in hadith sciences, fiqh, seerah etc.


Noor-us-Sunnah

Re: Is Mutah Really Halal For Shia?
« Reply #231 on: January 13, 2018, 02:28:57 AM »
I'm sure there are people who are blessed with wisdom and I'm sure you are too. I've been asking a question for some time now and I haven't got an answer till yet.

According to the Ahle Sunah the Prophet (s) prohibited Mutah, why? What was the reason and purpose? Surely there must have been a reason and purpose for the Prophet (s) to ban Mutah. What was it?

Is this what your belief and faith is based on,

"yes the Prophet (s) prohibited Mutah but we don't know why.'


Do you believe that for each ruling of Islam, it was necessary for Prophet(saws) to explain to people the reason behind that ruling ?

Isn't it rude towards Prophet(saws) ?
 

muslim720

Re: Is Mutah Really Halal For Shia?
« Reply #232 on: January 13, 2018, 02:37:39 AM »
I realise that many of you will be surprised by the information I've brought on misyar and 'urfi marriage.

Many of you will not have known that such things existed at all, and others will not have realised their level of acceptance and practice in Sunni Muslim societies.

Indeed I did not know that misyar existed until my interaction with (online) Shias.  That, in of itself, substantiates the point most of us have been trying to make and by acknowledging it, I think you've shot yourself in the foot.  Most Sunnis do not know about misyar because irrespective of its rate of occurrence, though I am sure it is not nearly as rampant as mutah is, it is discouraged by our scholars.  Can you say the same about mutah within Shiaism?  The online world is full of Shia narrations and videos encouraging mutah.  Yet, those that encourage mutah cannot imagine such an alliance for their own women.
« Last Edit: January 13, 2018, 02:38:46 AM by muslim720 »

iceman

Re: Is Mutah Really Halal For Shia?
« Reply #233 on: January 13, 2018, 04:11:38 AM »
Iceman comes across as one of them embarassing desi’s.

Why is there not even one single shia who comes on this site who addresses any subject in a clear academic manner?

I can see why twelver sciences are so weak, as their forefathers were an embarassment in hadith sciences, fiqh, seerah etc.

The feelings mutual my friend. What do you exactly know about academic manner. How academic are certain others for example Hadharami. All you do is kiss up to each other and are doing your best to score one against the Shias. well you haven't scored any goals so far. Stop crying over your disappointment. Enough has been said on this subject. If you don't want to use your brain because you've been fed so much against the Shias then there's nothing academic for you.

Mythbuster1

Re: Is Mutah Really Halal For Shia?
« Reply #234 on: January 13, 2018, 01:52:47 PM »
Stop jumping up and down and try to post and say something useful and worth while. There's a clear difference between your and our Sunah. We follow the Prophet's (S) Sunah.

And you follow the Sunah of either  Imam Abu Hanifa or one of the other Imams. You're suni Hanfi or something else. You abandoned the Prophet's (s) sunah along time ago.

And so did certain rulers after his (s) death onwards started to bring about a change one way or the other based on their decisions.

Yes a big difference....you follow a Jew and his sunnah of divine authority.

Only giving you the truth😊

You have hardly no sayings going directly back to prophet saw......so how did you get your sunnah? Some doing taqiyya?? Great👍

Following a student of ahlubaith ra is better than following a deviant who was punished by ahlubaith ra.(Ibn Saba who thought of the divine authority dream)👍😂😂

And now ......that divine authority dream has turned into a nightmare 12th man down the line........coz the 12th divine authority is scared and in hiding and is waiting for just 313 true divinity followers. At the moment out of possibly 150 mill Shiites......he still cannot get a meagre 313!!

That’s 12’r divinity Shiism 🙄🙄🙄

That’s sense and logic of a Shiite for you.😁


Ibrahim

Re: Is Mutah Really Halal For Shia?
« Reply #235 on: January 13, 2018, 06:03:52 PM »
Quote
This doesn't prove anything. It says "A Muslim woman cannot marry a non-Muslim, and a male Muslim also cannot marry a non-Muslim woman who are not Ahlul Kitab. However, there is no harm in contracting temporary marriage with Jewish and Christians women, but the obligatory precaution is that a Muslim should not take them in permanent marriage." So as per obligatory precaution it is not allowed, that is different from makruh. Who are those other scholars?
Regardless of it being makruh, why is it different from mut'ah if conversion is sought? A Kitabi woman can convert due to a permanent marriage just as well as due to a temporary one. As far as the permanent one is concerned, you can always divorce after the same period of a potential temporary one if things don't work out

GreatChineseFall, Obligatory precaution does not necessarily mean "not allowed":

https://www.al-islam.org/the-basics-of-islamic-jurisprudence-hassan-al-ridai/jurisprudence-jargon

Here are the links you requested to scholars who allow (recommended precaution as opposed to obligatory precaution) permanent marriage with Kitabi women:

http://www.english.shirazi.ir/topics/marriage

https://www.al-islam.org/islamic-laws-ayatullah-abul-qasim-al-khui/marriage

In the second link, please go to number 2406.

As for the similarities you suggest between temporary and permanent marriage where conversion is sought, I believe you've partially answered your own question with reference to divorce. Divorce is a highly makruh act which temporary marriage avoids.

We also have to consider the differences in niyyah and in practical application: a temporary marriage, with the expressed hope that conversion will take place, is a lot different from a permanent marriage in which the wife has been offered a lifelong commitment while still being Jewish or Christian.

Quote
If it is unlikely, then all the more reason not to allow more than four women, permanently and temporary in order to avoid abuse. Additionally, as per Shi'i scholars, it is not allowed to stay away for that long from one's wife and maybe he should divorce his wives so that his wives can move on instead of being neither married nor unmarried.

On the contrary, surely it's better to have halal options for diverse contingencies and exigencies.
One of the things that separates Islam from other religions is that it is universal and provides for us in whatever state or situation we may find ourselves in.

If you're aware of a consensus among Shi'i scholars of a particular time limit for absence from one's wives, please elucidate if you feel it pertains to the discussion.

Quote
Marrying siblings was made halal for the children of Adam(as), alcohol was halal during the time of our Prophet(saws), that doesn't take away one's right to critize the practice once it is forbidden

The alcohol example is inadmissable because the Holy Prophet(saws) never instructed anyone to drink alcohol - a dissolute practice which was forbidden in stages; whereas he positively instructed the Muslims to do mut'ah.

While your example of Nabi Adam(as) is more apposite, that was a different time, with a different state of humanity and a different Shari'ah.
Mut'ah however was made halal under our current Prophet(saws) whose Shari'ah is valid for our current humanity until the Yawm-ul-Qiyamah.

Taking this into account, then even if you believe mut'ah has been abolished, surely it's inappropriate to refer to it disparagingly.

Quote
Irrelevant, Muslim women may earn a living from this practice, that doesn't mean that that is the intended purpose of mut'ah. What the consequences are or what it is used for, is irrelevant as to the reason why mut'ah is allowed. Mut'ah isn't allowed so that people have an extra da'wah tool to use. And why is it forbidden for married men? Are unmarried men the only ones who are suitable to show good akhlaq and convert them?

Here you are defining mut'ah on your own terms. You have definitively stated that "mut'ah isn't allowed so that people have an extra da'wah tool to use.".
What authority do you have to restrict the applications of mut'ah to those you yourself perceive?

Please refer to 2430 in the above link.

Quote
This is what you don't seem to understand or are unwilling to understand. All those examples are convenient from an apologetic point of view. You may try to convert a Kitabi woman, BUT YOU DON'T HAVE TO. You may try to get to know each other, BUT YOU DON'T HAVE TO.
It is perfectly fine to contract a mut'ah marriage for the sole purpose of satisfying one's sexual needs and this is what you are unwilling to defend. As I said, a greater sign of insecurity is if people are dishonest about what they believe because they are too embarrassed to openly stand for what they believe.

You've made yourself clear and I understand you very well as I did in the previous post.

According to your own narrations, the Holy Prophet(saws) instructed the sahaaba to do mut'ah for "the sole purpose of satisfying one's sexual needs", so why would you expect me to feel "embarrassed" about this?

Just as it can be contracted for sexual needs to be met in a halal way, it can also be contracted for other reasons with the stipulation that no sexual contact will take place.

Your insistence on the primacy of the sexual aspect is of no ultimate consequence, since Allah(saws) has blessed us with a Deen which addresses all our needs, both spiritual and temporal.

The word "mut'ah" is derived from an Arabic root which connotes pleasure, while the word "nikah" is derived from an Arabic root which connotes sexual intercourse. Since one of the primary rights of a man in nikah, according to all Muslims, is sexual intercourse, can we therefore dismiss as peripheral all the other aspects of nikah and say that marriage itself is essentially just a sexual arrangement?

My reference to promiscuity was on account of the negative connotations the word has in the English language.
It is within these cultural parentheses that I have also brought attention to the differences between Islamic teachings and Christian attitudes; and this in turn is demonstrative of the wider reality that many people are embarrassed about sexuality in general and often close off legal avenues. For example Allah(swt) has stated in the Holy Qur'an:

 ثُمَّ قَفَّينا عَلىٰ آثارِهِم بِرُسُلِنا وَقَفَّينا بِعيسَى ابنِ مَريَمَ وَآتَيناهُ الإِنجيلَ وَجَعَلنا في قُلوبِ الَّذينَ اتَّبَعوهُ رَأفَةً وَرَحمَةً وَرَهبانِيَّةً ابتَدَعوها ما كَتَبناها عَلَيهِم إِلَّا ابتِغاءَ رِضوانِ اللَّهِ فَما رَعَوها حَقَّ رِعايَتِها ۖ فَآتَينَا الَّذينَ آمَنوا مِنهُم أَجرَهُم ۖ وَكَثيرٌ مِنهُم فاسِقونَ

Then We caused Our messengers to follow in their footsteps; and We caused Jesus, son of Mary, to follow, and gave him the Gospel, and placed compassion and mercy in the hearts of those who followed him. But monasticism they invented. We ordained it not for them. Only seeking Allah's pleasure, and they observed it not with right observance. So We give those of them who believe their reward, but many of them are evil-livers. (Holy Qur'an 57:27)

From Christan history we know that monasticism involved them enforcing celibacy upon themselves and closing off what Allah(swt) had permitted for them.

There's no apparent reason why the "embarrassment" you speak of with regard to mut'ah is different from the common human embarrassment pertaining to carnal desires in general, the same embarrassment which caused monks and priests to impose celibacy on themselves or which causes modern Westerners to criticise the marriages of the Holy Prophet(saws).

Since there's no Islamic sanction for these attitudes, they're not something we as Muslims need consider ourselves fettered by.

I hope I have hereby clarified any lingering ambiguities.

Ibrahim

Re: Is Mutah Really Halal For Shia?
« Reply #236 on: January 13, 2018, 06:10:24 PM »
Indeed I did not know that misyar existed until my interaction with (online) Shias.  That, in of itself, substantiates the point most of us have been trying to make and by acknowledging it, I think you've shot yourself in the foot...

In English we have the well known saying: "Don't shoot the messenger".

iceman

Re: Is Mutah Really Halal For Shia?
« Reply #237 on: January 15, 2018, 01:04:00 AM »
Yes a big difference....you follow a Jew and his sunnah of divine authority.

Only giving you the truth😊

You have hardly no sayings going directly back to prophet saw......so how did you get your sunnah? Some doing taqiyya?? Great👍

Following a student of ahlubaith ra is better than following a deviant who was punished by ahlubaith ra.(Ibn Saba who thought of the divine authority dream)👍😂😂

And now ......that divine authority dream has turned into a nightmare 12th man down the line........coz the 12th divine authority is scared and in hiding and is waiting for just 313 true divinity followers. At the moment out of possibly 150 mill Shiites......he still cannot get a meagre 313!!

That’s 12’r divinity Shiism 🙄🙄🙄

That’s sense and logic of a Shiite for you.😁

You're not giving me the truth but the nonsense and rubbish you've been fed with about Shias from day one. Muhammad (s) is the one we follow and he wasn't a Jew. Certain companions disregard him (s) and what he had to offer around and during his (s) final days. They had other intentions and for that the Muslim Ummah is paying the price.

We got our Sunan from the following chain; Al Askari from Al Naqi from Al Taqi from Al Raza from Al Kazim from Al Sadiq from Al Baqir from Al Sajjad from Al Hussain and Al Hassan from Al murtaza from Muhammad (s) 😊

We know who and what we are. WHAT ABOUT YOU?

Ibne Saba is a fictional story created by Anti Shias and occultation isn't hiding. You already Jesus and Khizar awaiting 😊 Use your aql. 😊

iceman

Re: Is Mutah Really Halal For Shia?
« Reply #238 on: January 15, 2018, 01:07:27 AM »
A misyar marriage (Arabic: نكاح المسيار‎, translit. nikah al-misyar or more often زواج المسيار zawaj al-misyar "traveller's marriage") is a type of Sunni marriage contract (some aspects are similar to mutah marriage in Shia Islam).

iceman

Re: Is Mutah Really Halal For Shia?
« Reply #239 on: January 15, 2018, 01:34:23 AM »
What is Nikah Misyar, and is this kind of Marriage Permitted according to Shari’a?
<QUESTION>
What is a Nikah Misyar? Is this kind of marriage permitted according to Shari’a?

<ANSWER>
In the name of Allah, Most Compassionate, Most Merciful,
The term “Nikah Misyar” (translated sometimes as “travellers’ marriage” or “marriage of convenience”) is not found in the Qur’an, Sunna or classical works of Islamic jurisprudence. It is a term that has been introduced recently by those discussing a specific type of matrimonial arrangement. However, the concept of such an arrangement can be found being discussed in the works of classical Muslim jurists (fuqaha).

In order to understand the correct Islamic viewpoint regarding Nikah Misyar, it is essential to first be familiar with the exact meaning of this term, as understood by those who have discussed it.

Definition

A Misyar marriage can be defined as an official marriage contract between a man and a woman, with the condition that the spouses give up one, two or several of their rights by their own free will. These include: living together, equal division of nights between wives in cases of polygamy, the wife’s right to housing (sukna) and financial support (nafaqa). In some cases, only one right is relinquished by the spouses, such as living together, but the husband is still required to provide housing for the wife and maintain her financially, whilst in other instances, the wife gives up all her rights including housing and financial support. The bottom line in such arrangements is that the couple agree to live separately from each other, as before their Nikah contract, and see each other to fulfil their needs in a lawful manner when they so desire. At times, a Misyar marriage is contracted on a temporary basis which ends in divorce on the expiration date of the contract.

Islamic Ruling

As for the Islamic ruling concerning such marriages, there are two issues to consider:

1) Validity and permissibility;

2) Appropriateness.

I. Validity and Permissibility

If all the basic requirements for an Islamic marriage contract are fulfilled, then this type of marriage arrangement is permissible and valid, and the couple will not be guilty of being involved in an unlawful illicit relationship. The basic requirements for a valid marriage according to Shari’a are the following:

a) Offer (ijab) from one party and acceptance (qabul) from the other in one session (majlis), and that this offer and acceptance is verbal and thus heard and understood clearly. In other words, the agreement of both parties.

b) The presence of at least two male witnesses (shahidayn), or one male and two female witnesses, who hear and clearly understand the offer and acceptance. (Mukhtasar al-Quduri 2/140 & Fath al-Qadir 3/190)

c) The consent of a legal guardian of the woman (wali) is also a necessary requirement according to the Maliki, Shafi’i and Hanbali Schools of Sunni Islamic Law. However, according to the relied upon position in the Hanafi School, the marriage of a free, sane and adult woman without the approval of her guardian (wali) is valid if the person she is marrying is a “legal” and suitable match (kuf’) for her. Conversely, if the person she is marrying is not a legal match for her, then her marriage would be considered invalid. (Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/56-57 & I’la al-Sunan 11/69 in the chapter: “Having a guardian is not a pre-requisite for the validity of an adult woman’s marriage”. For more details, please refer to the answer previously posted on this website titled: “Divorced woman marrying without her guardian’s approval”).

d) The absence of a fixed time-period. It is a basic requirement of a valid marriage contract that it does not entail any agreement of it being limited to a specified time such as two moths or five days, since it is essentially the Mut’a marriage that has been explicitly prohibited by the Messenger of Allah (Allah bless him and give him peace).

Classical jurists (fuqaha) have clearly stated the impermissibility and invalidity of time-limited (mu’aqqat) marriages. Imam al-Haskafi, the renowned Hanafi jurist, states:

“A Mut’a and time-limited marriage (nikah mu’aqqat) is invalid, even if the period [of marriage] is unknown to the wife or is prolonged...” (Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/51. Also see for the Shafi’i School: Mughni al-Muhtaj Sharh al-Minhaj 4/231, for the Hanbali School: Kashshaf al-Qina’ 5/96-97, and the Maliki School: Hashiyat al-Dasuqi ala ‘l-Sharh al-Kabir 2/238-239)

As for when there is no explicit mention of the marriage being limited to a specified time, but both or one of the spouses intend to terminate the marriage some time in the future, the position of the majority of classical scholars is that such a marriage is valid, and the couple will not be guilty of involving themselves in an unlawful relationship.

It is stated in al-Fatawa al-Hindiyya, a renowned Hanafi reference work:

If a man marries a woman unconditionally [i.e. without it being limited to a specified time], and it is in his intention to remain with her for a time that he intends [and then divorce her], then the marriage is valid...” (al-Fatawa al-Hindiyya 1/283)

Likewise, Imam Ibn al-Humam (Allah have mercy on him) states in his Fath al-Qadir:

As for when the husband marries and it is in his intention to divorce her after a period that he intends, then the marriage is valid.” (Fath al-Qadir, 3/152)

The Shafi’is also state that if one marries, and it is in his intention to divorce the wife after a period of time he has in mind, the marriage is considered valid. As for the Hanbalis, they have explicitly stated that if a person marries with the intention of divorcing the woman, even without stating it explicitly in the marriage contract itself, then the marriage is invalid, because it is a temporary marriage, which is invalid by explicit primary texts. (See: al-Mawsu’a al-Fiqhiyya, Kuwait)

Since Islam emphasises upholding marriages, the couple will not be obligated to terminate their marriage according to their intention, rather they must not resort to divorce without a genuine reason. Marrying with the intention of ending the marriage after a given period is disliked according to Shari’a, and as such, a marriage contracted with such an intention in mind is also disliked, although valid per se. (Mufti Taqi Usmani, Fiqhi Maqalat 1/258)

So, the basic minimum requirement in order for a marriage to be considered Islamically valid is that there be a valid offer from one party and a corresponding acceptance from the other, in the presence of two male (or one male and two female) witnesses who are able to hear clearly and understand what is happening. The offer, acceptance and the presence of the witnesses must all take place in the same session and at the same place, and there must not be any explicit mention of the marriage being limited to a specified time. The consent of the woman’s guardian is also necessary according to the three Schools, and in some cases, according to the Hanafi School also. As for the payment of dowry (mahr), this is the woman’s right and should be stipulated at the time of the marriage contract, but it is not a pre-requisite for the validly of the marriage.

As such, if the above necessary factors are met, the marriage is valid according to Shari’a, even if it is a “Misyar” marriage. Thus, if the Misyar marriage is limited to a specified time, it is invalid, and the couple’s relationship will be unlawful and sinful. Men who sometimes enter into a “temporary” Misyar marriage while on holiday must realize that if this is explicitly mentioned at the time of contracting the marriage, then it would make such a marriage invalid and unlawful, and more akin to Mut’a. If there is no explicit mention of this, but the man marries with the intention of divorce, then it is disliked, and unlawful [but valid] if it entails harm to the woman.

 

Related Topics

  Subject / Started by Replies Last post
9 Replies
2702 Views
Last post February 22, 2015, 07:23:14 PM
by Rationalist
1 Replies
664 Views
Last post February 23, 2015, 07:27:27 PM
by Hani
5 Replies
1234 Views
Last post May 23, 2015, 12:06:11 AM
by Farid
4 Replies
615 Views
Last post February 07, 2016, 04:47:47 PM
by Optimus Prime