Nikah Mutah [ Niakah mutah in Shia, Nikah Misyar and Nikah Urfi in Sunni, & Common-law Marriage in Open law west ]
Nikah mut‘ah
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Nikāḥ al-mutʿah (Arabic: نكاح المتعة)," is a type of marriage used in Twelver Shia Islam, where the duration of the marriage and the dowry must be specified and agreed upon in advance.[1][2](p242)[3](p47–53) 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 they are in nikah). Al-mutʿah marriage was also practiced by the pre-Islamic Arabs. Zaidi Shia, Ismaeli Shia and Sunni Muslims do not practice Nikah Mutah. The practice is often viewed as a cover for promiscuity or prostitution.[4]
Mutah is practiced under the Twelver Shia jurisprudence. The bride must not be married. She must be Muslim or belong to ahl-e-kitab (people of the book). She should be chaste and not be addicted to fornication and she should not be a young virgin (especially if her father is absent and cannot give consent).[5] These conditions must be established through due diligence.
At the end of the contract, the marriage ends and the wife must undergo iddah, a period of abstinence from sexual intercourse. The iddah is intended to give certain paternity to a child should the wife become pregnant during the contract.[2][6]
Generally, the Nikah mut'ah has no proscribed minimum or maximum duration.[7][8][9] 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.[6]
BackgroundEdit
Mut'ah, literally meaning joy, is a condition where rules of Islam are relaxed. It can apply to marriage (the nikah mut'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 nikah mut'ah is forbidden) and those who follow Shia Islam (for whom nikah mut'ah is allowed).[1] Shias and Sunnis do agree that, initially, or near the beginning of Islam, nikah mut'ah was a legal contract.[3][10] Beyond that time, the legality of the practice is debated.
Historical examplesEdit
A historical example of nikah mut'ah is described by Ibn Hajar Asqalani (1372 - 1448 CE (852 AH)) in his commentary on the work of Sahih al-Bukhari.[11] Muawiyah I (602 - 680 AH), first caliph of the Umayyad dynasty, entered into a nikah mut'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.
The scholar, ‘Abd ar-Razzaq as San‘ani (744 CE), described how Saeed bin Jabeer Jubayr frequently visited a woman in Mecca. When asked why, he said he had a contract of nikah mut'ah with her and seeing her was "more halal than drinking water".[12]
By contrast, in the Sahih al-Bukhari, Mutah marriage is classed as forbidden because Ali bin Abi Talib said that he heard Muhammad say that it is forbidden. As narrated by 'Ali bin Abi Talib: "On the day of khaibar, Allah's Apostle forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat."[13] In another text, Sahih al-Bukhari (Volume 9, Book 86, Number 91), Ali bin Abi Talib also said that it was forbidden.
Many early Shia texts also state that Ali said Mutah marriage was forbidden and for this reason the Zaidi Shia, the oldest branch of the Shia do not practice Mutah marriage. Shia book like Tahdeeb: vol. 7, pg. 251, rewaya 10 and Istebsar: vol. 3, pg. 142, rewaya 5 also said that Ali said that Mutah marriage was forbidden because Muhammad told him.
Other early Shia books also recorded that Imam Baqir forbade Mutah Marriage 'Tahdeeb al Ahkam' and 'Furu al Kafi':Pp476.V2/Pp34.V5 and there was no recorded case of it in Ali's family.
Zaidi Shia viewEdit
The Zaidi also reject Mutah marriage.
In many early Zaidi books like Mujmoo Imam Ali Pp 498 V112. 2) Hadiths narrated by Ali bin Abi Talib state:
"Allah’s Messenger forbade the temporary marriage in the year of Khaybar." Mujmoo Imam Ali Pp 499 V112. 3) Ali bin Abi Talib said to a man who was engaging in Mutah: "You are a straying person, the Messenger of Allah has forbidden temporary marriage"[14]
Zaidites and Ismailites dismissed all claim made by Athana Asheri, The Twelver Shia about Mutah legality and class text that try to justify it as fabrications.
Zaidites and Ismailites argue that it is narrated from Imam Jaffar ul Sadiq to Imam Ismail Ul Mubarak that these texts are fornication and that it is adultery, Zina bil raza.[15]
Zaidites and Ismailites argue that the traditions banning Mutah are classified as Muthawathar, highly authentic.[16]
Nikah mut'ah in Sunni IslamEdit
Sunni Muslims consider mut'ah in the same class as alcohol in Islam: it was allowed at one time and then completely and permanently banned by Muhammad. The evidence for this comes from the Hadiths in Sahih Bukhari where the narrator who is Ali says On the day of Khaibar, Allah's Messenger (ﷺ) forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat[17]
The above hadith was confirmed by Ali's son Muhammad ibn al-Hanafiyyah in Sahih Muslim on the authority of his father who said that Allah's Apostle (ﷺ) on the Day of Khaibar prohibited forever the contracting of temporary marriage and eating of the flesh of the domestic asses [18]
Although the ban was put in place during the time of Muhammad, some people like Jabir bin Abdullah continued to practise it. The explanation given by Scholars of hadith is that the hadith of Khaibar was not known to everyone and since many Muslims lived in far flung places of the Arabian peninsula, they continued practising it until the formation of the caliphates. Jabir himself only stopped practising it until he came into contact with caliph Umar ibn al-Khattab[19]
In the Qur'an, Sunni Muslims quote Surah al Mu'minoon ayahs 6-7 [20] as further proof that mut'ah is not sanctioned in Islam. Ibn Kathir in his Tafsir of the above ayahs says whoever seeks beyond that, meaning wives and right hand possessions, then those are the trangressors A woman contracted to mut'ah is neither a wife nor a slave girl.[21]
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 regarding 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.[2][22] 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.[2][22]
While according to the actual book Muwatta by Malik ibn Anas, the oldest book on Islamic Jurisprudence, Mutah was banned because Ali ben Abu Taleb said that Mutah was banned by Muhammad him self 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.[3]
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.[24]
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 practised and this is proven, and as evidence of permissibility they cite verse 24 of Surah Nisa as proof. The practise of Mut'ah is definite and there is ijma (consensus) on this and you can't 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 the past. Ibn Abbas held this viewpoint and Imran bin Husain.[25]
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.[26] 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 [27]
Sunni Muslims use this 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. The concept of mut'ah is touchy subject in today's muslim world especially with the Sunni shia strife. Sunnis refer to mut'ah as nothing more than prostitution behind an islamic cloak and this polemic often rankles with twelver shiites.
Nikah mut'ah in Twelver Shia IslamEdit
The Twelver Shias 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 twelve Shia hadith attributed to Ali bin Yaqtheen, 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".[28]
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, prohibited mut'ah. Shias allege Umar's prohibiting nikah mut'ah was an incident of challenge to Mohammad.[29][30][31]
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.[32]
Finally, the Twelver Shias do not accord value to the argument that nikah mut'ah is immoral because it can be used to hide prostitution.[33][34][35][36][37][38][39]
Other Twelver Shia hadiths are not so in favor of Mutah marriage because Imam Baqir and Imam Jafar were not in favor of it.
Imam Baqir, recorded in 'Tahdeeb al Ahkam' and 'Furu al Kafi':P p476.V2 / Pp34.V5
Abdullah Bin Umair asked Abi Ja'far [as]: Is it acceptable to you that your women, daughters, sisters, daughters of your aunties do it (Mut'ah)? Abu Ja'far rebuked him when he mentioned his women and daughters of his aunties.
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 made Mut'ah Haram on you". AL Kafi Pp 467.V5.Wiasal Shia Pp22.V21."[40]
In other books Ja'far Al-Sadiq said in a narration by Abdallah bin Sinan: "I asked Abu Abdullah about Mutah. He said: "Don't defile yourself with it"[41]
The classical Twelver Shia books like AL Kafi, AL Istabsar, Tahzeeb Ul Ahkam, Min La Yadrhu Fiqa say "The Holy Prophet [s] and the Imams of Ahlubayt never practised Mut'a".[42]
According to many early Shia books Imam Jaffar Ul Sadaq classed Mutah as Adultery.[43]
Following the 2014 release of an 82-page document detailing Iran's rampant unsanctioned sexual relationships, mutah 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 mutah marriage.[4] The establishment of Chastity Houses, as a similar remedy, has been proposed in Iran in the past.
Misyar marriageEdit
Even though nikah mutʿah is prohibited by Sunni schools of law, several types of non-permanent marriage exist, including misyar (ambulant) marriage and ʿurfi (customary) marriage.[44] Some regard misyar as being comparable to nikah mut'ah: for the sole purpose of "sexual gratification in a licit manner".[3][45][46]
Scholars allowing nikah mut‘ahEdit
Muhammad ibn Idris ash-Shafi`iEdit
Muhammad ibn Idris ash-Shafi`i, a 9th century Sunni Shafi'i Islamic scholar writes:
| “ | Nikah Mut'ah is 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 [47][48] | ” |
| “ | Mut'ah cannot be Nikah, Mut'ah is false, it should not be practised, Ibn Abbas and Imam Malik had differing views, in their views this was practicable[48][49] | ” |
Ahmad ibn HanbalEdit
Ahmad ibn Hanbal, a 9th century Sunni Islamic scholar writes:
| “ | In the same way that Ibn Abbas deemed Mut'ah to be halaal, Imam Ibn Hanbal also stated Mut'ah was halaal [50] | ” |
| “ | Ibn Abbas and other party amongst the Sahaba narrated traditions that Mut'ah is halaal, and Ibn Hanbal also said that it was practicable[51] | ” |
| “ | Ibn Abbas another Sahaba said that Mut'ah can be utilised when needed, Ibn Hanbal also narrated the same[52] | ” |
Sayyid Abul Ala MaududiEdit
Sayyid Abul Ala Maududi, a 20th century Sunni Islamic 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 make a distinction between Zina and Mut'ah. In such scenarios practising Mut'ah is a better option to Zina [53] | ” |
Other viewsEdit
The practice of temporary marriage has been called a euphemism for religiously sanctioned prostitution[54][55] and a workaround for modern Muslims desiring a western-style dating relationship while still following the dictates of their religion and/or the laws of their country.[9][55][56] The Christian missionary Thomas Patrick Hughes criticized Mut'ah as allowing the continuation of "one of the abominable practices of ancient Arabia."[57]
Media Debates on Mut'ahEdit
Famous Salafi scholar Allama Ibtisam Ilahi Zaheer and Khurram Zaki hold a recorded debate, with other participants, on Nikah mut'ah on ARY program Sar-e-Aam.[58] This open debate, heavily referenced from all sides, stirred a lot of controversy and subsequent protests from banned terrorist outfit ASWJ.
See alsoEdit
ReferencesEdit
- ^ a b Berg H. "Method and theory in the study of Islamic origins." Brill 2003 ISBN 9004126023, 9789004126022. Accessed at Google Books 15 March 2014.
- ^ a b c d Hughes T. "A Dictionary of Islam." Asian Educational Services 1 December 1995. Accessed 15 April 2014.
- ^ a b c d Pohl F. "Muslim world: modern muslim societies." Marshall Cavendish, 2010. ISBN 0761479279, 1780761479277 Accessed at Google Books 15 March 2014.
- ^ a b Sexual mores in Iran: Throwing off the covers, economist.com.
- ^ "(پايگاه اطلاع رسانى حضرت آية الله العظمى جناتى (مد ظله العالى." Jannaati website. Accessed in Arabic 15 March 2014.
- ^ a b Esposito J. "The Oxford dictionary of Islam." Oxford University Press 2003 p221 Accessed 15 March 2014.
- ^ "The four pillars of Mut'a: the time period (mudda)." Al-Islam.org website. Accessed 15 March 2014.
- ^ "Marriage, question 24." Alulbayt Foundation, Rulings of Grand Ayatullah Sistani. Accessed 15 March 2014.
- ^ a b Labi, Nadya. "Married for a Minute". Mother Jones. Retrieved 22 June 2014.
- ^ Motahhari M. "The rights of woman in Islam, fixed-term marriage and the problem of the harem." Al-islam.org website. Accessed 15 March 2014.
- ^ "Hadith" Fath al-Bari Vol 9 p143 - 144. At Al-eman.com website.
- ^ "Musannaf of Abd al-Razzaq, Kitab al Talaq, Bab al Mutah, Hadith 14020." Islamweb.net website.
- ^ Sahih al-Bukhari Volume 5, Book 59, Number 527
- ^ Mujmoo Imam Ali Pp 498 V112. 2)Narrated Ali, Mujmoo Imam Ali, From Imam Ali to Imam Hasan & Imam Hussain then Narrated to Imam Zian Ul Abideen to Imam Zaid bin Zian Ul Abideen.Pp 503 V112. Classified all above Zaidites narration as Mutawathar [Highly Authentic] By Imam Ziad bin Zian Ul Abideen in his Majmoo tul Biyan Pp212 V18.
- ^ Kitab ul Mola.Pp414.V21
- ^ Irshad Ul Imam.Pp112,V11. Darajat Ul AL Imam Azam Imam Ismail bin Imam Jaffar ul Sadaq.Pp421.V23.
- ^ http://sunnah.com/bukhari/64/256
- ^ http://sunnah.com/muslim/16/36
- ^ http://sunnah.com/muslim/16/20
- ^ http://quran.com/23
- ^ http://www.qtafsir.com/index.php?option=com_content&task=view&id=2482&Itemid=78
- ^ a b Müller F. "Introduction to the science of religion." Kessinger Publishing 1882 p? reprint 1 December 2004. ISBN 141797401X, 9781417974016
- ^ The Muwatta of Imam Malik, By Imam Malik B Anas 95-179 AH Publisher Darul Ishaat Karachi Pakistan page 546
- ^ Tafsir al-Kabir (al-Razi), volume 3 p95, Sura Nisa verse 24
- ^ Tafseer Gharab al Quran part 5 p4, Sura al Nisa
- ^ Tafsir Haqqani Volume 2 p?
- ^ http://sunnah.com/muslim/16/37
- ^ Furu al-Kafi "Mutah" Tehran 1391 AH, printed edition, Volume 5 p452.
- ^ Tabataba'i M. "Shi'ite Islam." The Other Press 2010 p210 - 213 Accessed 4 April 2013.
- ^ Winter K. "The woman in the mountain: reconstructions of self and land by Adirondack women writers." SUNY Press 1989. Accessed 4 April 2013.
- ^ "Temporary marriage in Islam." Al Islam.org (a Shi'ite encyclopaedia) website. Accessed 15 March 2014.
- ^ "Hadith Sunnah." Bukhari 062.052 at University of Southern California website.
- ^ Pipes D. "Arabian sex tourism." Daniel Pipes website article.
- ^ Fard C. "Unveiled threats." The Village Voice. March/April 2001. Accessed at D. Hughes webpage The University of Rhode Island 15 March 2014.
- ^ Harrison F. "Iran talks up temporary marriages." BBC News, Tehran. 2 June 2007.
- ^ Trejos N."Temporary 'enjoyment marriages' in vogue again with some Iraqis." The Washington Post, 20 January 2007.
- ^ Haeri S. "Law of desire: temporary marriage in Shi'i Iran." Syracuse University Press 1989 p6 ISBN 0815624832, 9780815624837.
- ^ Clark M. "Islam for dummies." John Wiley & Sons 2011 ISBN 1118053966, 9781118053966.
- ^ Ruthven M. "Islam: a very short introduction." Oxford University Press, 1997 ISBN 0191540110, 1780191540110.
- ^ Minhaj Saduq Pp304.V7. Sheikh Sadra Hassan[With Good Chain of Narration] in his Commentry on AL Kafi.Pp461.V4.
- ^ Bihaar Al-Anwar, Volume 100, page 318 By AL Majlisi. Classfied as Hasan[With Good Chain of Narration] by him and sheikh Safar AL Shafi Saheeh[Authentic] in his AL Shafi,Pp61.V8.
- ^ AL Kafi.AL Istabsar.Tahzeeb Ul Ahkam.Min La Yadrhu Fiqa. [Mutawathar] Pp198,V12/Pp501.v6/Pp 241.V18.Pp34.V1.
- ^ Kitab ul Mola.P412.V21
- ^ Ruffle K. Mut'a "Mut'a." Oxford Bibliographies website document.
- ^ Lod M. "Islam and the West: the clash between Islamism and Secularism." Strategic Book Publishing, 2011 p58 - 59. ISBN 1612046231, 9781612046235.
- ^ Elhadj E. "The Islamic shield: Arab resistance to democratic and religious reforms." Universal Publishers 2006 p51. ISBN 1599424118, 9781599424118.
- ^ Al Hidaya Volume 1 p. 13
- ^ a b See also Fath al-Bari Volume 9 p. 73 Dhikr Mut'ah
- ^ Fatawi Qadhi Khan Volume 1, p. 151 al Nikah Fayl
- ^ Tafsir ibn Kathir Volume 1 p. 14, Sura Nisa verse 24
- ^ Al-Bidayah wa al-Nihayah Volume 4 and p. 94, Dhikr Khayber
- ^ Ibn Kathir's in his Tafseer, Surah an-Nisa, Page 3 under the verse 4:24 [1]
- ^ Turjuman al Qur'an in his commentary of Sura Al-Muminun, [1955 edition] (see also Hadith of Mut'ah and Sura Muminun)
- ^ Kern, Soeren. "Britain: Islamic Temporary Marriages on the Rise". Gatestone Institute. Retrieved 22 June 2014.
- ^ a b Mahmoud, Shabnam. "I do...for now". BBC News. Retrieved 22 June 2014.
- ^ Sharma, Betwa. "Islam's Sex Licenses". The Daily Beast. Retrieved 22 June 2014.
- ^ "In permitting these usufructuary marriages Muḥammad appears but to have given Divine (?) sanction to one of the abominable practices of ancient Arabia, for Burckhardt (vol. ii. p. 378) says, it was a custom of their forefathers to assign to a traveller who became their guest for the night, some female of the family, most commonly the host’s own wife!" Hughes, T. P. (1885). In A Dictionary of Islam: Being a Cyclopædia of the Doctrines, Rites, Ceremonies, and Customs, together with the Technical and Theological Terms, of the Muhammadan Religion. London: W. H. Allen & Co.
- ^ Khurram Zaki#Debate about term marriage .28Mut.27ah.29
Further readingEdit
- Imam, A. "Naskh al hadith: a review of the traditions on nikah al-mut." University of Ilorin (Ilorin, Nigeria). No date given. Accessed 16 March 2014.
- "Mutah" in Encyclopædia Britannica 2007 Ultimate Reference Suite. Chicago: Encyclopædia Britannica, 2006.
External linksEdit
- Temporary marriage in Islamic law A Shi'ite Encyclopaedia website.
- Mut'ah, a comprehensive guide Answering-ansar.org website.
- "Saudi based Islamic marriage website gaining popularity." About Almisyar.com
- Khamenei fatwas on temporary marriage from leader's office in Qom.
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https://en.m.wikipedia.org/wiki/Criticism_of_Twelver_Shia_Islam
Mutah section
Chapter (4) sūrat l-nisāa (The Women)
Sahih International: And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise.
Pickthall: And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.
Yusuf Ali: Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.
Shakir: And all married women except those whom your right hands possess (this is) Allah's ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely Allah is Knowing, Wise.
Muhammad Sarwar: You are forbidden to marry married women except your slave-girls. This is the decree of God. Besides these, it is lawful for you to marry other women if you pay their dower, maintain chastity and do not commit indecency. If you marry them for the appointed time you must pay their dowries. There is no harm if you reach an understanding among yourselves about the dowry, God is All-knowing and All-wise.
Mohsin Khan: Also (forbidden are) women already married, except those (captives and slaves) whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property, desiring chastity, not committing illegal sexual intercourse, so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed; but if after a Mahr is prescribed, you agree mutually (to give more), there is no sin on you. Surely, Allah is Ever AllKnowing, AllWise.
Arberry: and wedded women, save what your right hands own. So God prescribes for you. Lawful for you, beyond all that, is that you may seek, using your wealth, in wedlock and not in licence. Such wives as you enjoy thereby, give them their wages apportionate; it is no fault in you in your agreeing together, after the due apportionate. God is All-knowing, All-wise.
Some scholars also view Mut'ah as a means of eradicating prostitution from society.
N.B. Hillah in sense of common practice in scout Asian and other similar law regions where hillah occurs as wife return from other man on some strange and foolish reason.
The its literal meaning Right possession.
You may use hillah as saying "non wife return hillah".
What is the difference in jinah and mutah
You get a clean and clear mind on taking pleasure from each other, no doubt of deed or its arrangements in mind.
Where in jinah you mind is like thief , and avoiding or full your mind in sin, your face become pale and satanic.
So you should prior no the procedure and knowledge or ilm in mutah nikah pleasure.
Young virgin (especially if her father is absent and cannot give consent)
For free or independent woman consent is not require.
If a virgin away from home and have an guardian close to but not any possessions to any man , can ask of consent,
But for very special purpose consent can be later Sattle, such like when consent giver is not in reach, but time is eminent,
One hour mutah also found.
If iddah applicable.
This comment has been removed by the author.
Mohorana free to will, even the will can be zero peni.
But truth is when the interest comes from woman side, and the man deny any money,
Mean while if man demand money to pay to him, its woman desire to sattle. But not to encourage a man to become professional paid marriage become.
Mut'ah, literally meaning joy, is a condition where rules of Islam are relaxed.
There are three criteria for defining legal issues in Islamic jurisprudence (fiqh):
Shari : something that is clearly defined in the shariah.
'Urfi : conventional or common tradition. An 'Urfi definition is acceptable to the common people without any scientific or shari precision.
Ilmi : a definition presented by science.
If the shariah defines something, all Muslims must follow that definition. If the shariah is silent on an issue, Muslims should follow the 'Urfi definition.
Chapter (23) sūrat l-mu'minūn (The Believers)
Sahih International: Except from their wives or those their right hands possess, for indeed, they will not be blamed -
Pickthall: Save from their wives or the (slaves) that their right hands possess, for then they are not blameworthy,
Yusuf Ali: Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess,- for (in their case) they are free from blame,
Shakir: Except before their mates or those whom their right hands possess, for they surely are not blameable,
Muhammad Sarwar: except with their spouses and slave-girls. The practice of carnal relations is lawful with them.
Mohsin Khan: Except from their wives or (the captives and slaves) that their right hands possess, for then, they are free from blame;
Arberry: save from their wives and what their right hands own then being not blameworthy
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From 4:24 right possess following married women.
From 23:6-7 right possess following wavies.
A technical Analysis:
From first Nikah Ganimat, conquebine, slave girl and then Mutah, Misyar, urfi.
And second Permanent nikah and then woman in hand/hands of family man whose husband is far away or long time away. Or a man who is in possession of a woman whose husband is away or got woman in his hand with accent when no one to Save guard her.
But a paid woman for house keeping service in family living with a non nikah or non sexual contact in agreement is not halal for man, specially woman maid in forighn country like middle east.
From 4:24 right possess following married women.
From 23:6-7 right possess following wavies.
A technical Analysis:
From first Nikah Ganimat, conquebine, slave girl and then Mutah, Misyar, urfi.
And second Permanent nikah and then woman in hand/hands of family man whose husband is far away or long time away. Or a man who is in possession of a woman whose husband is away or got woman in his hand with accent when no one to Save guard her. An ascent can be becoming mahroom, like being brotherly.
But a paid woman for house keeping service in family living with a non nikah or non sexual contact in agreement is not halal for man, specially woman maid in forighn country like middle east.
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Can fianse in complete and permanent marriage procedure, have six with each other.
Ya, but procedure is the marriage can not be void.
And any rukon that parts of nikah on condition that rukon wont be repeated.
http://www.alulbayt.com/rulings/11.htm
http://www.najaf.org/english/book/10/chap3b.htm
http://www.shiachat.com/forum/topic/63981-latest-fatawah-from-ayatollah-sistani-ha/
http://www.zawaj.com/askbilqis/love-and-sex-before-marriage/
http://www.bbc.com/news/uk-22354201
http://islam-qna.org/QList.asp?src=QnA&LN=EN&ID=284
http://imamshirazi.com/sex.html
http://english.bayynat.org/Jurisprudence/sex.htm
It is begin told that Alim e deen is not avoid any query comes from Muslim and , others if applicable
At least a dort of answer need to give such that they on hadayat.
On the way of Hadayat what make you stupid.
Wat younafter , some one past. Shame on you.
Hydayah on your see, what he say.
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Islamic law is most just with human. Its prime job is to eradicate impurity that Prevents to enter into Zannah and meet each other.
For Shia its always forwarded to Zannah and earth is its plantation to decorate yourself beautifully.
For this Beatifull to Zannah , ie her in beautiful Zannah, Islamic in some concern need to focus on pure and post conditions.
For any law being muslim , adult, mature, welfare is mandatory.
Meeting this criteria, punishment and execution concern to a principle
"The higher the depth of crime, the higher the condition of execution"
The persecution of death penalty with stone throwing for adultery anerchy unsolicited child born:
Adultery law is subject execution on executer privilege, such the with ness choice instead the local authorities choice. Once the choice is pass it become erronoius by doubt, and leaving choice become optional in execution.
Secondly, acceptance by Muslim local population.
Thirdly, No objectional situation from internal friendly States and nation.
And finally waiting for such issues rise.
similarly death on enerchy, is subject witness execution, and void on leave, ....acceptance by local Muslim population, no objection from foreign friendly nations.
Child born on reason of adultery or Rape or Accident: ( if abortion doesn't take place):
Children born in each cases is subject to child legal custody, such that if parental issue comes biological custody, otherwise settled by any legal custody by paternally, or to any Parents/ or married couple,
Or if Mather is independent and wish to take biological or legal custody as single mother's.
If no custody is comes within time set by authority, none but state find know custodian to take care looking after, child death execution will be directly by states by stone throwing.
The limb cut on stealing
If state failure happens, Lomb cut suspended, and servival rights to Muslim legaly applies. Otherwise its witness choice of execution or choice to next and optional with local Muslim no object or internal friendly interfere.
Abortion from being birth dew to aforesaid reason:
If child in womb safe to abortion for women, such that pregnant woman is not interest in bear, or it find very critical to avoid from being birth.
Lashing on adultery false sating hooligans:
Lashing with harder tools need take gaps.
A quick lashing is subject to softer tools.
A lashed person can be in death punishment.
Lashing such that a person does fall in death, or commit suicide, even later, and person witness first try to lash, then it optional.
Leaving Islam after Bayat
Is subject his motive.
If he/she take suspension, otherwise its a direct execution.
"Sin taking"
Islamic explanations of verdicts.
Its the Crusifictions of Jesus by people of Jews.
Thus a great sin comes fro every one.
But Jesus took their sin with his pain.
Every soul thus subject to sin taken.
Now in Christianity there a general idea of act prompting.
Your mind set with continuous works down one after without thinking sin.its an general versions. But can every one do everythink. So in other version only selected people are sin taking by Jesus in heaven.
Now what the Islamic explanation on sin taking ( freedom of doing and free will )
In Islamic platforms sin taking exist such that it meet the general and selective.
In general perspective Islam differentiate the sin taking
By Guidlines or Sharyah that sin/free will in Amal with Intentions with supplications ( on starting and on compositions and on middle or zikr each time each rhythm)
So all that you have to know the Sharyah knowledge for doing.
Sin take doesn't mean you need not know the any prior knowledge for Duas on nature of work predestine or preset words.
Now what is Islam after Ilahyat who is All Director.
The All directors and only directors of every directions courses wants and commands to us to submit their will to Allah to take his directions. Thus taking Only Allah's will ie in each and every tasks thoughts words.
The will arrive in mind in the cleanest point that no Gyrullah rather will comes in heart from Arsh Muallah where He intends us to do beside our habitual and natural merged free wills.
Taking our free will from nafs ammara , ie whisper of Gyrullah is Shirk or pertnership in his sovereignty, and no forgiven ever.
So everything you do is willed and anythink can be willed,any think,
(coz actually nothing aside him even Satan is subject to given opportunity : everything to Ilahat : Good or bed)
All that you do knowing the sharyah
Now what's the sharyah set
-Task acceptance/obligations.
-intention making ( ridha and/or wasiala) with duas or supplications
-start with tawajjuh and tasmiyah
-duas in middle and zikr all the time ( optional)
-Keep mind with tawaqwul and Zihad fi sabi lillah.
-keep mind for best completions ( fine tasking).
-On Completions Tahmid
-Duas on completion and result.
The words constructions Should be from Quran , Hadith, Fiqah, Shair wali, should well constructed. Is case of not in reach you self as Words of Mumeen.
The work process can be. Or
- Verbal
- Mental
- Indications on thoughts
- Along the normal or working thought as seem they are one ( Spontaneous/Harmonic )
So anything comes your mind or prompt you to do is same in Islam and Christianity
Prompting is not enough rather doing with joy delight and pleasure for God ( Ridha ). And God pleased if you follow his knowledge that x-reveled or y-reveled to you with trained from Imam or Shyekh.
In Selected people sins means priest people. The Quran issues the word "We". Where they are with Allah in his Rabubyat.
Its hate sin not the sinner ( in seperate sayings).
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