NIKAH E MUT’AH

What is nikahmut’ah?
NikahMut’ah.
Arabic, translate. nikāḥ al-mutʿah, literally "pleasure
marriage";or Sigheh (Persian) is a private and verbal
temporary marriage contract that is practiced in Twelver
Shia Islamin which the duration of the marriage and the
mahr must be specified and agreed upon in advance. It is
a private contract made in a verbal or written format. A
declaration of the intent to marry and an acceptance of
the terms are required as in other forms of marriage in
Islam.

According to Twelver Shia jurisprudence, preconditions

for mutah are: The bride must not be married, she must
be Muslim or belong to Ahl al-Kitab(People of the Book),
she should be chaste, not addicted to fornication and she
should not be a young virgin (if her father is absent and
cannot give consent). At the end of the contract, the
marriage ends and the wife must undergo iddah, a

1
period of abstinence from marriage (and thus, sexual
intercourse). The iddah is intended to give paternal
certainty to any children should the wife become
pregnant during the temporary marriage contract.

Generally, the Nikahmut'ah has no proscribed minimum

or maximum duration. However, one source, The Oxford
Dictionary of Islam, indicates the minimum duration of
the marriage is debatable and durations of at least three
days, three months or one year have been
suggested.Sunni Muslims, and within Shia Islam, Zaidi
Shias, Ismaili Shias, and Dawoodi Bohras do not practice
Nikahmut'ah. However, Sunni Muslims practice
Nikahmisyar, which has been regularly considered a
somewhat similar marriage arrangement.

Some Muslims and Western scholars have claimed that

both Nikahmut'ahand Nikahmisyar are Islamically void
attempts to religiously sanction prostitution which is
otherwise forbidden.

Background.
Mut'ah, literally meaning joy, is a condition where rules
of Islam are relaxed. It can apply to marriage (the
2
nikahmut'ah) or to the Hajj (the obligatory pilgrimage)
(the Mut'ah of Hajj). Mut'ah is a sensitive area of
disagreement between those who follow Sunni Islam (for
whom nikahmut'ah is forbidden) and those who follow
Shia Islam (for whom nikahmut'ah is allowed). Shias and
Sunnis do agree that, initially, or near the beginning of
Islam, nikahmut'ah was a legal contract. Beyond that
time, the legality of the practice is debated.

Historical examples
A historical example of nikahmut'ah is described by Ibn
Hajar Asqalani in his commentary on the work of Sahih
al-Bukhari. Muawiyah), first caliph of the Umayyad
dynasty, entered into a nikahmut'ah contract with a
woman from Ta'if. She was a slave who was owned by a
man called Banu Hazrmee. She received a yearly stipend
from Muawiyah. Ordinarily, sexual access rights to a
female slave belongs to her slave owner as part of his
property rights which cannot be shared or assigned,
unless the slave is married off, in which case the slave
owner loses all rights to sexual access.

3
The scholar, ‘Abdar-Razzaq as San‘ani (744 CE),
described how Saeed bin Jubayr frequently visited a
woman in Mecca. When asked why, he said he had a
contract of nikahmut'ah with her and seeing her was
"more halal than drinking water".

By contrast, in theSahih al-Bukhari,Mut'ah marriage is

classed as forbidden because Ali bin Abu Talib said that
he heard Muhammad say that it is forbidden. As
narrated by 'Ali bin Abu Talib: "On the day of khaibar,
Allah's Apostle forbade the Mut'a (i.e. temporary
marriage) and the eating of donkey-meat." as mentioned
in Sahih al-Bukhari (Volume 9, Book 86, Number 91).

Zaidi Shia texts also state that Ali said Mut'ah marriage
was forbidden and for this reason the Zaidi Shia do not
practice Mut'ah marriage

Scholarly views:
Muhammad ibn Idris ash-Shafi`i, a 9th century Sunni
Shafi' Islamic scholar write:

4
NikahMut'ah in our eyes is false, whilst Imam Malik
deemed it permissible, as proof he says it was halaal and
permissible, it was removed and was not abrogated

 Ahmad ibn Hanbal, a 9th century SunniIslamic

scholar writes:

In the same way that Ibn Abbas deemed Mut'ah to be

halaal, Imam IbnHanbal also stated Mut'ah was halaal

Ibn Abbas and other party amongst the Sahaba narrated

traditions that Mut'ah is halaal, and IbnHanbal also said
that it was practicable

Ibn Abbas another Sahaba said that Mut'ah can be

utilised when needed, IbnHanbal also narrated the same

 Sayyid Abul Al Maududi, a 20th century

SunniIslamic scholar writes:

Whether Mut'ah is haram or halaal is a dispute that

creates dissension between Shi'as and Sunnis, and has
resulted in heated discussion, it is not difficult to
ascertain the truth. A man comes across such situations
when Nikah becomes impossible and he is forced to

5
make a distinction between Zina and Mut'ah. In such
scenarios practisingMut'ah is a better option to Zina.

Criticism:

Mut'ah as adultery

Sunnis have been said to term it as a "Lustful act under a

religious cover".

Mut'ah as prostitution

Some Sunni and Shia scholars hold the view that this kind
of temporary marriage in the present age amounts to
prostitution. Following the 2014 release of an 82-page
document detailing Iran's rampant prostitution, Mut'ah
marriage has been suggested by Iranian parliamentarians
as a solution to the problem – where couples would be
allowed to publicly register their union through the
institution of Mut'ah marriage. The establishment of
chastity houses has also been proposed in the past
where prostitutes will be provided in state sanctioned
houses, but the clients would have to perform the
NikahMut'ah first. This proposal has not been as of yet
ratified by the Iranian authorities.

6
According to Shahla Haeri.

The Iranian middle class itself considers it to be

prostitution which has been given a religious cover by
the fundamentalist authorities,

Some Western writers have argued that mut'ah

approximates prostitution.

Julie Parshall writes.

That mut'ah is legalised prostitution which has been

sanctioned by the Twelver Shia authorities. She quotes
the Oxford encyclopedia of modern Islamic world to
differentiate between marriage (nikah) and Mut'ah, and
states that while nikah is for procreation, mut'ah is just
for sexual gratification.

According to Zeyno Baran,

This kind of temporary marriage provides Shi'ite men

with a religiously sanctioned equivalent to prostitution.

According to Elena Andreeva.

According to her observation published in 2007, Russian

travellers to Iran consider mut'ah to be "legalized
7
profligacy" which is indistinguishable from prostitution.
Religious supporters of mut'ah argue that temporary
marriage is different from prostitution for a couple of
reasons; including the necessity of iddah in case the
couples have sexual intercourse. It means that if a
woman marries a man in this way and has sex, she has to
wait for a number of months before marrying again and
therefore, a woman cannot marry more than 3 or 4 times
in a year.

Sunni’s View on Muttah:

In the sixteenth century, during the reign of Akbar, the

third emperor of the Mughal Empire, who was believed
to be a Hanafi Sunni, debates on religious matters were
held weekly on Thursdays. When discussing nikah
mut'ah, Shi'ite theologians argued that the historic Sunni
scholar Malik ibn Anas supported the practice. However,
the evidence from Malik's Muwatta (manual of religious
jurisprudence) was not forthcoming. The Shi'ite
theologians persisted and nikah mut'ah was legalized for
the twelve Shia during Akbar's reign.[6][20]

8
While according to the actual book Muwatta by Malik ibn
Anas, the oldest book on Islamic Jurisprudence, Mutah
was banned because Ali ibn Abi Talib said that Mutah
was banned by Muhammad himself on the day of
Khaibar. For this reason the Zaidi Shia do not practice
Muatah marriage. According to Malik ibn
Anas in Muwatta Volume I, Chapter 18, Hadith 1151 43:
"Both Abdullah and Al-Hasan, the two sons of
Muhammad ben Ali Abu Taleb, from their father
Muhammad ben Ali ben Abu Taleb from Ali ben Abu
Taleb, that the Messenger of Allah had forbidden
temporary marriage, and the eating of the flesh of the
domestic donkey on the day of Khaibar.

The Hanafi school of Sunni jurisprudence argues that

although the nikah mut'ah contract itself is valid,
marriage is regarded as a permanent condition and
therefore, the temporary element of the contract makes
it void.

The only Sunni Arab jurisdiction that mentions nikah

mut'ah is Jordan; if the nikah mut'ah meets all other
requirements, it is treated as if it were a permanent
marriage.
9
The thirteenth century scholar, Fakhr al-Din al-Razi said,

Amongst the Ummah there are many great scholars who

deem Mut'ah to have been abrogated, whilst others say
that Mut'ah still remains.

The 20th century Sunni scholar, Waheed uz-Zaman,

Deobandi said,

On the topic of Mut'ah, differences have arisen amongst

the Sahaba, and the Ahl'ul Hadith, and they deemed
Mut'ah to be permissible, since Mut'ah under the
Shari'ah was practiced and this is proven, and as
evidence of permissibility they cite verse 24 of Surah Nisa
as proof. The practice of Mut'ah is definite and there is
ijma (consensus) on this and you can not refute definite
proof by using logic.

The Gharab al Quran, the dictionary of Qur'anic terms

states,

The people of Faith are in agreement that Mut'ah is

halaal, then a great man said Mut'ah was abrogated,
other than them remaining scholars, including the Shi'a
believe Mut'ah remain halaal in the same way it was in

10
the past. Ibn Abbas held this viewpoint and Imran bin
Husain.

The Tafsir Haqqani, a critical explanation of

the Quran states,

Some Sunni scholars deem Mut'ah permissible, in the

same way the Sahaba Ibn Abbas and Imran bin Haseen
deemed it permissible. However it should be noted that
Ibn Abbas was rebuked by Ali himself on mut'ah marriage
itself. In sahih Muslim it is mentioned that Ali heard that
Ibn Abbas gave some relaxation in connection with the
contracting of temporary marriage. Ali replied Don't be
hasty (in your religious verdict), Ibn 'Abbas, for Allah's
Messenger (may peace be upon him) on the Day of
Khaibar prohibited for ever the doing of it-And eating of
the flesh of domestic asses

Sunni Muslims use this hadeeth from Sahih Muslim as

further evidence that even great companions like Ibn
Abbas got it wrong and Ali had to correct him. And this
correction by Ali they say ends the whole subject matter
on the complete banning of mut'ah marriage.

11
De facto temporary marriages were conducted by Sunnis
by not specifying how long the marriage would last in the
written documents themselves while orally agreeing to
set a fixed period.

Nikah Misyar

Even though nikah mut'ah is prohibited by Sunni schools

of law, several types of innovative marriage exist,
including misyar (ambulant) and ʿurfi (customary)
marriage. Some regard misyar as being comparable to
nikah mut'ah: for the sole purpose of "sexual
gratification in a licit manner". Sunnis dismiss these
claims as nothing more than Shia polemics. Nikah misyar,
they argue, unlike mut'ah is not temporary but a
permanent marriage with no time limits. The difference
between a normal marriage and misyar marriage is that
in misyar the man and woman forego certain rights
temporarily until both partners choose to reinstate them.
But misyar is still frowned upon in Sunni Islam and never
recommended. In Ba'athist Iraq, Uday Hussein's daily
newspaper Babil, which at one point referred to the
Shi'ites as rafidah, a sectarian epithet for Shia regularly
used by ultraconservative Salafi Muslims, attacked
12
Wahhabi clerics as hypocrites for endorsing Misyar while
denouncing Mut'ah.

In Twelver Shia Islam

The Twelver Shias as the main branch of Shia Islam give

arguments based on the Quran, hadith (religious
narration), history, and moral grounds to support their
position on mut'ah. Firstly, the word of the Quran takes
precedence over that of any other scripture, including
the An-Nisa, 24, known as the verse of Mut'ah.

A Twelver Shia hadith attributed to Ali ibn Yaqteen notes

that Musa al-Kadhim, the seventh of The Twelve Imams,
when asked about nikah mut'ah, said,

Why do you [ask], when you [Ali], with the blessing of

Allah, have a wife at your side? He [Ali] replied, 'No, I just
want to know.' Imam Kadhim replied, "The permissibility
is present within the Book of Allah".

Hadiths also record the use of nikah mut'ah during the

time of Abu Bakr, a caliph and sahabi. Later, in
16 AH (637 CE), Umar, also a caliph and sahabi,

13
prohibited mut'ah. Shias allege Umar's prohibiting nikah
mut'ah was an incident of challenge to Mohammad.

Other relevant hadiths include those of Imran ibn

Husain (see Hadith of Mut'ah and Imran ibn Husain),
and Abdullah Ibn Abbas. The opinion of Ibn Abbas is cited
in Fatih al-Qadir ("Ibn Abbas said the verse of Mut'ah");
in Tafseer Mu'alim al Tanzeel (Ibn Abbas said, "The verse
of Mut'ah was an order and it's Halal."); in Tafseer
Kabeer (The verse of Mut'ah appears in the Qur'an, no
verse has come down to abrogate it."); (in Bukhari) ("On
that, a freed slave of his said to him, "That is only when it
is very badly needed and (qualified permanent) women
are scarce, or similar cases." On that, Ibn Abbas said,
"Yes."").

Historically, Twelver Shias see that nikah mut'ah has

varied in its spiritual legality, changing
from halal to haraam and back again over time, and thus
cannot be considered in the same light as, for example,
taking alcohol, which was never advocated by
Mohammad.

14
Other Twelver Shia hadiths are not in favor of Mutah
marriage because Imam Baqir and Imam Jafar told their
companions and their followers to be careful in
practicing of mut´ah in fear of prosecution.

Abdullah Bin Umair asked Abi Ja'far [as]: Is it acceptable

to you that your women, daughters, sisters, daughters of
your aunts do it (Mut'ah)? Abu Ja'far rebuked him when
he mentioned his women and daughters of his aunts.
Because due to the question being of the ignorant kind,
and that the question was only asked to rise frustration
about the matter of mut´ah.

In another Twelver Shia hadith narrated from Imam

Jafar Ul Sadaq Narrated by A'maar: Abu Abdullah, Imam
Jafar Sadaq said to me and to Suliman Bin Khaled: "I from
myself have made mut'ah haram on to the both of you,
as long as you are in Medina. And this because you come
to me all to frequent, and I fear the followers of the
other party will capture you and prosecute you because
of your friendship to me".

15
Fiqah e Jafari View on Miuttah:

The Ithna `Ashari branch of the Imami sect of Shia claims

that Mut’ah is permitted and that only the enemies of
Ahlul-Bayt prohibit it. They also claim that the Imams of
Ahlul-Bayt allowed this type of temporary marriage.
However, the Twelver sect claims this although other
Shia sects attribute the exact opposite to the same
Imams of Ahlul-Bayt, each group claiming that they are
the lovers and followers of Ahlul-Bayt. In this piece we
shall show the Isma`eeli and the Zaydi view on Mut`ah
marriage.

The Isma`eeli Shia view on Mut`ah marriage:

The Imami Isma`eeli Shia are explicit in their

condemnation of Mut`ah marriage in their books, and
they quote Rasul-Allah (saw) as well as their Imams `Ali
and his son Ja`far to prove their claims.

In the Isma`eeli book “Da`a’im-ul-Islam” volume 2, pages

228 and 229 by their scholar al-Qadi al-Nu`man al-
Maghribi, we list some of the narrations they
inherited from their Imams.

16
٨٥٨ ‫المتعة نكاح حرم أنه )صلع( هللا رسول وعن‬، ‫قال أنه )ع( علي وعن‬:
‫والدرهمين بالدرهم وليس وشاهدين بولي إال نكاح ال‬، ‫واليومين واليوم‬، ‫ذلك‬
‫النكاح في شرط وال السفاح‬

[From Rasul-Allah (saw) that he forbade Mut`ah

marriage, and from `Ali (as) that he said: “Marriage is
invalid without a custodian and two witnesses, it is not
for one or two Dirhams, nor is it for (the period of) a day
or two, because that would be unlawful sexual
intercourse and there are no conditions in marriage.”]

٨٥٩ ‫قال المتعة نكاح عن سأله رجال أن )ع( محمد بن جعفر وعن‬: ‫لي صفه‬،
‫قال‬: ‫المرأة الرجل يلقى‬، ‫فيقول‬: ‫والدرهمين الدرهم بهذا أتزوجك‬، ‫أو وقعة‬
‫يومين أو يوما‬. ‫قال‬: ‫زنا هذا‬، ‫فاجر إال هذا يفعل وما‬

[From Ja`far bin Muhammad (as) that a man asked him

concerning the Mut`ah marriage, Ja`far said: “Describe it
for me.” He said: “A man meets a woman and tells her: I
marry you with one or two Dirhams for a period of one
or two days.” Ja`far said: “That is fornication, no one
does this except the wicked.”]

Al-Shareef al-Murtada wrote in his book “Al-Fusoul al-

Mukhtarah” pg.158, that the Twelver Shia scholar al-

17
Mufid debated the Isma`eeli Shia scholar ibn Lu’lu’ about
the permissibility of Mut`ah. Ibn Lu’lu’ tells al-Mufid:

‫يمين ملك أو لزوجة إال النكاح تعالى هللا فحظر‬, ‫وال زوجة المتعة تكن لم وإذا‬
‫أحلها من قول سقط فقد يمين ملك كانت‬

[Thus Allah most high has forbidden all Nikah except

with the permanent wife or what the right hand
possesses (In Surat Mu’minoun verse 6). If the woman of
Mut`ah is neither a permanent wife nor from what the
right hand possesses, then the argument of those who
permit it is invalid.]

The Zaydi Shia view on Mut`ah marriage:

The Zaydiyyah stick to the prohibition of the Mut`ah

marriage and also quote Rasul-Allah (saw) and their
Imams `Ali and his son Zayd and his progeny.

In their main book “Musnad al-Imam Zayd” volume 1

page 271, we read:

ْ‫ع‬
‫ن‬ َ ‫أَبِي ِْه‬، ْ‫عن‬َ ‫ َج ِ ِّدِْه‬، ْ‫عن‬ َ ‫ي‬ ِّْ ‫ع ِل‬َ ‫ي‬ َْ ‫ض‬ِ ‫َللاه َر‬ ّْ ‫عن ههم‬ َ ْ، ‫ل‬ َْ ‫ َقا‬: ‫ال‬َْ ‫ح‬ ّْ ‫ي ِإ‬
َْ ‫ال نِ َكا‬ ِّْ ‫ِب َو ِل‬
ِْ ‫وشَا ِه َدي‬،
‫ن‬ َ ‫س‬َْ ‫ال ِبال ِدِّره َِْم لَي‬
َْ ‫ن َو‬ َْ ‫ال َيو ِْم َْو‬، ‫ال‬
ِْ ‫ ِبال ِدِّر َه َمي‬، ‫ال‬ َْ ‫ن َو‬ ْ َ‫سف‬
ِْ ‫احِ ِشب ِْه اليَو َمي‬ ِّ ِ ‫ال‬،
َْ ‫ط َو‬
‫ال‬ َْ ‫نِ َكاحْ فِي شَر‬

18
[From his father, from his grandfather, from `Ali may
Allah be pleased with them: “There can be no marriage
without a custodian and two witnesses, it cannot be for
one or two Dirhams, nor for one or two days such as the
unlawful sexual intercourse, and there are no conditions
in marriage.”]

ْ‫ع‬
‫ن‬ َ ‫أَبِي ِْه‬، ْ‫عن‬ َ ‫ َج ِ ِّدِْه‬، ْ‫عن‬
َ ‫ي‬
ِّْ ‫ع ِل‬
َ ْ‫ي‬
َ ‫ض‬
ِ ‫َللاه َر‬ َ ْ، ْ‫قَا َل‬: ‫ل نَ َهى‬
ّْ ‫عن ههم‬ ْ‫سو ه‬ ِّْ ْ‫عن‬
‫َللا َر ه‬ َ
ْ ‫ام ال همت َع ِْة نِ َك‬
ِ‫اح‬ َْ ‫ع‬
َ ‫خَيبَ َْر‬
[From his father, from his grandfather, from `Ali may
Allah be pleased with them: “Rasul-Allah (saw) has
forbidden the Mut`ah marriage on the year of Khaybar.”]

They also write in one of their four main Fiqhi books

“Majmou` al-Fiqh al-Kabeer” written by their scholar al-
Sayyaghi, in volume 4 page 26:

‫زيد بن يحي بن الحسن عن الكافي الجامع في فنقل الصادق وولده الباقر وأما‬
‫على وسلم آله وعلى عليه هللا صلى هللا رسول آل اجمع قال أنه العراق فقيه‬
‫عليه هللا صلى هللا رسول آل أجمع أيضا وقال عنها والنهي المتعة كراهية‬
‫في شرط بال وصداق وشاهدين بولي إال نكاح ال أنه على وسلم آله وعلى‬
‫آله وعلى عليه هللا صلى النبي عن سمعنا منصور ابن يعني محمد وقال النكاح‬
‫هللا وعبد علي بن وزيد الباقر يعني جعفر وأبي عباس وابن علي وعن وسلم‬
‫وشاهدين بولي إال نكاح ال قالوا أنهم السالم عليهم محمد بن وجعفر حسن بن‬

19
[As for al-Baqir and his son al-Sadiq, it was reported in
“al-Jami` al-Kafi” from al-Hasan bin Yahya bin Zayd the
jurist of `Iraq, that he said: “The family of Rasul-Allah
(saw) have agreed to dislike Mut`ah and that it is
forbidden.” He also said: “The family of Rasul-Allah (saw)
have agreed that marriage is not valid except with a
custodian and two witnesses and a dowry, without any
conditions in it.” And Muhammad ibn Mansour said: “We
heard from the Prophet (saw) and `Ali and ibn `Abbas
and abu Ja`far al-Baqir and Zayd bin `Ali and `Abdullah
bin al-Hasan and Ja`far bin Muhammad peace be upon
them, that they said: “No marriage without a custodian
and two witnesses.”]

As for their great Imam Yahya bin al-Husayn bin al-Qasim

(d.298 AH) he narrates from his fathers who were also
Imams from Ahlul-Bayt in his book “Al-Ahkam fil-Halal
wal-Haram” pg.351:

‫المتعة؟ نكاح عن سئل أنه أبيه عن أبي حدثني‬، ‫فقال‬: ‫الن المتعة نكاح يحل ال‬
‫وسلم آله وعلى عليه هللا صلى النبي سافره سفر في كانت إنما المتعة‬، ‫حرم ثم‬
‫وسلم آله وعلى عليه هللا صلى هللا رسول لسان على ذلك هللا‬، ‫عن لنا روي وقد‬
‫صلى هللا رسول أن صح قد بما السالم عليه طالب أبي بن علي المؤمنين أمير‬
‫عنه نهى وسلم آله وعلى عليه هللا‬. ‫استحل ممن اآلية بهذه أحتج من وأما‬
20
‫عزوجل هللا قول في المارقة الفرقة من الفاحشة‬: (‫منهن به استمتعتم فما‬
‫الصحيح النكاح وجه على بهن الدخول هو فاالستمتاع )أجورهن فآتوهن‬،
‫مهورهن إعطاؤهن فهو أجورهن وإيتاؤهن‬

[My father told me, from his father, that he was asked
about Mut`ah marriage, he said: Mut`ah marriage is not
permissible for it was only during an expedition of the
Prophet (saw) then Allah forbade it through his Prophet
(saw). It was authentically narrated to us from Ameer-ul-
Mu’mineen `Ali ibn abi Talib (as) that Rasul-Allah (saw)
had forbidden it. As for those who left Islam and
permitted fornication (meaning Rafidah) through that
verse (Al-Nisa’ verse 24) {So for whatever you enjoy from
them, give them their due compensation} The enjoyment
here is to have intercourse through lawful permanent
marriage and the compensation is the dowry.

21
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22
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