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Temporary Marriage & Its Illegtimacy in Islam Page 3 of 4 Abu Dawood and Imam Ahmad] According to Abu Huraira (r.a.a.), the Messenger of Allah had forbidden or abolished temporary marriage, its marriage and its divorce, its waiting period, and its inheritance. [narrated by DarQutny, Ishaq Bin Rahwiya, and Ibn Habban] Abu Bakr Bin Hafs reported according to Ibn 'Umar who said: "When Ali was given the Caliphate, he thanked Allah Most High and praised Him and said: 'O people, the Messenger of Allah had permitted temporary marriage three times then forbade it. I swear by Allah, ready to fulfil my oath, that if I find any person who engages in temporary marriage without having ratified this with a proper marriage, I will have him lashed 100 stripes unless he can bring two witnesses to prove that the Messenger had permitted it after forbidding it.' " [Ibn Majah] Imam Muslim has narrated that according to Mohammad Bin 'Abdullah Bin Numayr who said: "My father had narrated to us according to 'Ubaidullah according to Ibn shahab according to Alhassan and 'Abdullah the sons of Mohammad Bin 'Ali according to their father according to 'Ali (r.a.a.) that he heard Ibn 'Abbas (r.a.a.) being lenient towards temporary marriage, so he said, 'wait Ibn 'Abbas, the Messenger of Allah had forbidden it on the day of Khaybar when he also prohibited the meat of domestic camels.' " This evidences illustrates the correctness of the consensus about its prohibition. Particularly as 'Umar Ibnul Khattab (r.a.a.) had mentioned its prohibition from the pulpit and stated its punishment, and reminded the congregation that the Messenger of Allah had prohibited it and strongly admonished against it, this was at the presence of both the migrants and the supporters, and none disputed it with him or differed with him, knowing well their care and attention to make sure that the truth is always revealed, and any error is corrected as they had done with respect to other issues. Furthermore, the prohibition has been reported according to a number of companions other than 'Umar. Its prohibition has been reported according to 'Ali Bin Abi Taleb, 'Abdullah Bin 'Umar, 'Abdullah Bin Mas'ud, 'Abdullah Bin Alzubayr, 'Abdullah Bin 'Abbas who when reminded of its prohibition also supported the prohibition when he understood the references of the others. This is also the understanding of the followers, the scholars, and all the Imams. They were all unanimous on this issue. To cap the research, below are the opinions of the four Imams; these will leave no excuse for any. 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 se curity 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. http://islamicweb.com/beliefs/cults/muta.htm 1/28/2005
Temporary Marriage & Its Illegtimacy in Islam Page 4 of 4 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 , then Allah superseded it through His Messenger until the day of resurrection." Imam Shawkany: "We worship in accordance with what we learnt from the Messenger , 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 , and I prohibit it with what has been authenticated with me that the Messenger of Allah 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 http://islamicweb.com/beliefs/cults/muta.htm 1/28/2005
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