@Muslim,
Because Sunni refers to someone who follows the Sunnah of the Prophet. No matter what your madhab, all of us claim to be following the Sunnah of the Prophet. You may not think I am a true Sunni. That is your prerogative and I respect that, but you do not have ownership over this term.
I changed it for you, as a Sunni follows the Sunnah and Rasul-Allah (saw) said in the Sahih that what you believe in is prohibited. You can only claim to be Sunni but we won't allow you to fool people into thinking you are a Sunni.
Why do you have contradictory hadith about this? According to the works of Fakhr al-Dan al-Razi, the top Shafii scholar who wrote over a 100 books, Ali said it was Umar who forbade mutah. Ali said "Had Umar not banned Mut’ah then the only person to fornicate would be a perverted person"
Wait wait? Are you actually saying it is not possible to have contradictory Hadith about a Fiqhi ruling? What planet did you get that from? Have you read your books? Like Wasa'il al-Shia? In every single chapter there's contradicting Hadith.
Secondly, are you so out of touch when it comes to `Ilm that you'd quote a Hadith from a SEVENTH CENTURY Tafseer book to back up your argument? (That Hadith is unreliable)
In another part of the same Tafseer al-Kabeer, al-Razi also brings about a quote from Umar who says "Two Mutahs existed during Rasullalah's time and now I prohibit them"
That's true, there were two Mut`ahs in the time of the Prophet (saw), one of which he forbade and the other he kept it. `Umar did what he did for management and he did not deem it "Haram" refer to the explanations on Mut`ah marriage. As for the Mut`ah of women it was forbidden by Rasul-Allah (saw) and other narrations by `Umar clarify this section of his sermon because `Umar explained why he banned both types. Also refer to ibn `Umar's Hadith in which he explains he father's point of view on Mut`ah of Hajj.
Of course if you're quoting only one narration without investigation and research, you won't understand what was going on and you'll end up throwing unqualified accusations left and right.
Misyar and mutah are almost synonymous. According to Hanafi and Shafii scholars, men are allowed to engage in misyar marriages with the explicit intent of divorcing the woman after some unspecified duration of the marriage.
There's a great difference of opinion on this and scholars such as Malik called it an immoral act, research more into this if you know Arabic. It's not a religious ruling that cannot be rejected such as Mut`ah for Shia. I for instance think they're wrong when they say a man can marry a woman and intend to divorce her as that counts as "cheating" and in Islam Rasul-Allah (saw) says: "He who cheats us is not from us."
Misyar allows for men to travel to another place (sayr) and find women, offer them marriage with the intention of divorcing them and not having to provide them with nafaqah.
Here is where the misunderstanding is,
Misyar means nothing more than to have another wife at another location, and that this wife will drop something from her rights, such as having a house, or her husband spending on her, or having an equal amount of nights as the other wives, or not to have kids etc...
Misyar does not say that you can marry with the intention of divorcing! You've mixed two different topics. A man can have the intention of divorcing in ANY regular marriage.
Secondly, Misyar is ALLOWED in the Shi`ee Madhab, so on what bases do you say "The woman is in a lose-lose situation in Misyar" Since your scholars allow it?
Question is, can a man have this intention or not? Here there's a scholarly debate, a lot of scholars say this intention or thought does not invalidate the contract but if he does it then he has sinned and done an immoral act.
The woman cannot be engaged in multiple relationships and there's a waiting period, iddah, after the marriage is finished (at least for mutah).
If they had sexual intercourse.
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February 26, 2015, 08:09:45 PM