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Mut'ah

Last updated: 9th December 2004
Question ID: #233
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We were discussing Nikah-e- Mut'ah on a forum. http://forums.gawaher.com/index.php?showtopic=3668 it was forbade by the prophet peace be upon him during his life time according to the Bukhari hadeeth. But one person brought up the hadeeth from Muslim. Hadeeth of Bukhari is: It was narrated from ?Ali (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade mut?ah marriage and the meat of domestic donkeys at the time of Khaybar. According to another report, he forbade mut?ah marriage at the time of Khaybar and he forbade the meat of tame donkeys. Narrated by al-Bukhaari, 3979; Muslim, 1407. And the hadeeth of muslim is: Book 008, Number 3250: Abu Nadra reported: While I was in the company of Jabir b. Abdullah, a person came to him and said that Ibn 'Abbas and Ibn Zubair differed on the two types of Mut'as (Tamattu' of Hajj 1846 and Tamattu' with women), whereupon Jabir said: We used to do these two during the lifetime of Allah's Messenger (may peace be upon him). Umar then forbade us to do them, and so we did not revert to them Mut'ah was forbidden by the prophet peace be upon him, so what is the meaning of the Muslim hadeeth? I want to know how to answer to a person who brings the Muslim hadeeth up. http://forums.gawaher.com/index.php?showtopic=3668&view=findpost&p=38147 Also Mut'ah is where one marries a woman, has sexual intercourse with her, than divorces her? Muwaqqat is: Temporary marriage. E.g for one year? Am I right? Jazakumullahu khairan in Advance.



Bismillah

Al-Jawab Billahi At-Taufeeq (the answer with Allah's guidance)


Mut’ah was permitted under severe circumstances during the time of jihaad, but it was always prohibited immediately after the need for it vanished. When it was permitted for the last time, its prohibition after that was final. The Prophet (Sallallaahu 'Alaihi Wa Sallam) said : ‘I had given you permission to contract “temporary marriage” with women, but Allah has forbidden it ‘till the Day of Resurrection’. [Muslim] So the permissions were actually only occasional exceptions from the original rule set in the Qur'aan and were made by the Prophet (sallallaahu 'Alaihi Wa Sallam) who had the authority; and the exceptions were not left open but were closed by the above Hadeeth forever.

The answer to the Muslim Hadith is that Umar (RA) forbade them, hence, this order is from the rightly guided Shahabah which must be obeyed as Allah Ta'ala says,"Obey Allah and obey the messenger and those of you (Muslims) who are in authority.’ (4:59)

The Prophet (Sallallahu Alahi Wa Sallam) said,"hold fast on my sunnah and the Sunnah of my righteous Khulafa (caliphate)……………”
(Tirmidhe, Chapter:Knowledge VOL.2 PG.108 , Abu Dawud, Book of Sunnah VOL.2 PG.635)

Also, the Prophet (Sallallahu Alaihi Wa Sallam) himself has forbidden this act in many traditions. So there is no contradiction.

Like Mut’ah, a time bound marriage is also unlawful. A time-bound marriage (termed in Islamic jurisprudence as Al-Nikah Al-Muwaqqat) is a marriage entered into for a fixed time. The difference between the two is that mut’ah is done by using the words of Mut’ah. A time-bound marriage is done by saying the word, nikah which is normally used for regular marriage.

To read more click on this link, please: http://www.ummah.net/Al_adaab/fiqh/mutah.html


And Only Allah Ta'ala Knows Best.

Mufti
Answer last updated on:
9th October 2007
Answered by:
Ulamaa ID 04
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