Is Mut'ah Marriage Allowed for a Necessity? A must read
There are some issues which are always more controversial than the other and the degree of controversy varies from one society to another. When it comes to the issue of mu'tah, there is no controversy or difference of opinion among the ahlus sunna with regards to it been forbidden but the controversy occurs on whether mu'tah or in other words, temporary marriage is allowed if it is for a necessity. I have earlier published articles proving why watching porn although haram in general is halal if it is for a necessity. The same can be said about mu'tah. First of all let me explain in detail what mu'tah marriage is and the the ruling of it and why it is halal for a Necessity.
What is mut'ah.
Before talking about mu'tah,we should know what mu'tah is in the first place. Mu'tah marriage or nikah mu'tah is a marriage for a temporary period which is a firm of fixed period. The temporary period is determjned by the two couples with the male giving a dowry. There are no witnesses or guardian for this marriage unlike the normal marriage and once the petiod of mu'tah is over the couple can seoerate with out a divorce. This type of marriage was allowed by the prophet (Sal) and he later forbade it which I'll explain in the next heading of this article. The Shia who are a heretical sect invented by the Jewish hupocrite,Abdullah ibn sabah still prsctice this form of marrriage to this day by mis quoting and cherry picking hsdiths. I will explain to you in this article inshaAllah that mu'tah marriage,altough generally haram in Islam is halal if done for a necessity so keep reading.
Ruling on mu'tah
The ruling of mu'tah is that it is forbidden in Islam in general.
Salamah Ibn Al-Akwa’ (Rali) said:
“In the year of the battle at Awtās the Messenger of Allāh (Sal) allowed mut‛ah (temporary) marriage for three days – and then he forbade it thereafter.”
“Allāh’s Messenger (Sal) forbade mut‛ah in the year of the battle of Khaibar.”
(Bukhari and Muslim)
Ali (Rali) narrated,
“Allāh’s Messenger (Sal) forbade temporary marriage with women, and the eating of the meat of the domestic donkey on the day of the battle of Khaibar.”
(Bukhari,Mudlim and others)
Narrated Rabee’ Ibn Sabrah from his father that Allāh’s Messenger (Sal) said:
“I used to permit for you temporary marriage with women. And Allāh has now forbidden that until the Day of Resurrection. So if anyone has any of these women, he should let her go. And you are not to take back anything of what you have given them [as dowry or gifts].”
(Sahih Muslim and others)
Rabi' bin Saburah reported on the authority of his father:
The Messenger of Allah (Sal) prohibited temporary marriage with women.
(Abu Dawud-Graded Sahih by Albani)
Iyas bin Salama reported on the authority of his father that Allah's Messenger (Sal) gave sanction for contracting temporary marriage for three nights in the year of Autas and then forbade it.
Sabra al-Juhani reported on the authority of his father that while he was with Allah's Messenger (Sal) he said:
O people, I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to them (as dower).
Sabra Juhanni reported:
Allah's Messenger (Sal) permitted temporary marriage for us. So I and another person went out and saw a woman of Bana 'Amir, who was like a young long-necked she-camel. We presented ourselves to her (for contracting temporary marriage), whereupon she said: What dower would you give me? I said: My cloak. And my companion also said: My cloak. And the cloak of-my companion was superior to my cloak, but I was younger than he. So when she looked at the cloak of my companion she liked it, and when she cast a glance at me I looked more attractive to her. She then said: Well, you and your cloak are sufficient for me. I remained with her for three nights, and then Allah's Messenger (Sal) said: He who has any such woman with whom he had contracted temporary marriage, he should let her off.
These and plenty more hadiths prove the prohibition of mu'tah marriage. Some companions believed that mu'tah is halal but there is no clear evidence to prove it because the prophet (Sal) clearly forbade it and leading companions like Ali(Rali) also clearly said that mu'tah was forbidden.
Misyar and Urfi marriage
For a marriage contract to be valid there are a few main conditions that needs to be met. They are,
1. Consent from both the bride and groom
2. Two witnessed
3. A guardian representing the woman
4. Paying the mahr (bridal money)
Aisha(Rali) narrated that the Prophet (Sal)said,
There can be no marriage except with a guardian and two witnesses of good character.”
(Narrated by al-Bayhaqi and graded sahih by Albani)
Apart from these conditions, the wife or groom can agree to certain conditons between them like the wife agreeing that the husband does not have to provide her for maintenance. This kind of marriage with out providing financial maintenance or other responsibilities such as living together is called as nikah Misyar. The conditions should not contain anything that is haram.
Abu hurayrah(Rali) narrared the prophet (Sal) said,
“The Muslims are bound by their conditions, except a condition that makes something permissible forbidden or makes something forbidden permissible.”
(Abu Dawud-graded hasan sahih by al-Albani)
Sexual intercourse is the most fulfilling condition and the prophet (Sal)said,
“The conditions that are most deserving to be fulfilled are those by means of which intimacy becomes permissible for you.”
(Bukhari and Muslim)
Urfi marriage is also a legally binding marriage because all the conditions of marriage are met. The difference here is that the couple do not register with a government or authority. Registration of marriage with a government authority is not a must in Islam but in the long run there could be legal issues as the marriage was not registered and settling marital issues or divorce could turn in to something troublesome if the spuoses require a qazi to handle their divorce or any marital issue. Misyar and Urfi marriage is different from mu'tah marriage because there are witnesses and a guardian in these marriage contracts. For nikah mu'tah, there is no need for such conditions. Some might try to argue that misyar and urfi are the same as mu'tah but this argument is wrong because mu'tah is temporary and with out any conditions like a wali or two witnessses. Any marriage under any name is valid as long as the conditions of marriage are met. The example or misyar or urfi or any other valid marriage is like drinking wine or beer as long as there is no alcohol. If there is no alcohol, then drinking wine,scotch,whisky or beer is halal. In the next topic I'll explain inshaAllah why mu'tah marriage is halal if it is for a necessity.
Why mu'tah is halal if it is for a necessity
According to the shariah, even the forbidden becomes halal due to necessity and if there is no transgression. Allah says in the Quran,
"And why should you not eat of that (meat) on which Allah’s Name has been pronounced (at the time of slaughtering the animal), while He has explained to you in detail what is forbidden to you, except under compulsion of necessity?”
"He has only forbidden you carrion, blood, and swine, and that which has been consecrated to any other than Allah. But who is driven by necessity, neither craving nor transgressing, it is no sin for him. For Allah is Forgiving, Compassionate."
“Whoever disbelieved in Allah after his belief, except him who is forced thereto and whose heart is at rest with Faith but such as open their breasts to disbelief, on them is wrath from Allah, and theirs will be a great torment”
The above verses clearly explains that things which are haram becomes halal for a necessity If there is no transgression.
"Narrated Anas (rali):
The Prophet (sal) allowed `Abdur-Rahman bin `Auf and Az-Zubair bin Al-`Awwam to wear silk because they were suffering from an itch" .
(Sahih Al Bukhari)
The Prophet (sal) said in a hadith narrated by Ibn Abbas (rali):
"Allah has forgiven my nation for mistakes and forgetfulness, and what they are forced to do."
(Ibn Majah- Graded Sahih by Albani in Sahih Sunan Ibn Majah and narrated by Baihaqi and others and graded Hasan Sahih by Albani )
Although watching pornography is generally haram in Islam, watching porn is allowed in Islam if you fear committing zina or if it's for a necessity.
It was narrated that ‘Amr Ibn al-‘Aas (Rali) said:
I experienced a wet dream on a cold night during the campaign of Dhaat al-Salaasil, and I was afraid that if I did Ghusl I would die, so I did tayammum, then I prayed Fajr with my companions. They mentioned that to the Prophet (Sal) and he said: “O ‘Amr, did you lead your companions in prayer when you were junub?” I told him what had kept me from doing ghusl and I said: “I heard Allaah says (interpretation of the meaning): ‘And do not kill yourselves (nor kill one another). Surely, Allaah is Most Merciful to you’ [al-Nisa’ 4:29].” The Messenger of Allaah (peace and blessings of Allaah be upon him) smiled and did not say anything.
(Abu Dawood- classed as Saheeh by Sheikh al-Albaani in Saheeh Abi Dawud).
In the above hadith narrated in Abu Dawud, Amr bin al aas(Rsli) did tayammu instead of the obligatory bath you have to take if you are junub but the prophet (Sal) never found fault with him and just smiled and said nothing. Similarly, a person can perform mu'tah marriage if he/she cannot afford marriage. Some might argue that the person could masturbate instead of doing mu'tah but the point we should understand is that some people still won't be able lessen their urges even after masturbation and in this case mu'tah could be a viabke alternative. Let's look at another example.
A woman was brought to ‘Umar bin al Khattab May Allah be pleased with him who had been extremely thirsty, and had passed by a shepherd and asked him to give her something to drink; he had refused to give her something to drink unless she let him have his way with her. (Umar) consulted with the people as to whether he should have her stoned. ‘Ali May Allah be pleased with him said, ‘She was forced to do it, you should let her go.’ So he did so."
(Sunan Baihaqi-authenticated by Albani in Irwa al Ghaleel 7/341)
In the above hadith it is clear that when the women who had committed zina due to her thirst, Umar (Rali) never criticised her by saying "Are you going to die because of your thirst" or Umar (Rali) or Ali (Rali) never found fault with her for committing adultery to quench her thirst. Ibn Abbas(Rali) was of the view that mu'tah was halal if for a necessity.
Narrated Abu Jamra:
I heard Ibn `Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah-al-Mut'a). On that a freed slave of his said to him, "That is only when it is very badly needed and women are scarce." On that, Ibn `Abbas said, "Yes."
(Sahih al Bukhari)
In this hadith in bukhari,all the mis conceptions that Ibn Abbas(Rali) permitying mu'tah is answered. Ibn Abbas (Rali) was of the view that mu'tah was halal under necessity. All the scholars of ahl us sunna including the sahaba agree that something that is haram becomes haal if it is for a necessity. Ali(Rali) corrected Ibn Abbas (Rali) for thinking that mu'tah was halal.
Ali heard of Ibn ‘Abbas being lenient regarding Temporary marriage so he
said to him, “Wait O Ibn ‘Abbas! Indeed the Messenger of Allah (Sal) forbade it during Khaibar and from the meat of domestic
In this hadith Ali(Rali) corrected Ibn Abbas (Rali) when Ibn Abbas (Rali) was of the view that mu'tah was halal. In hadith of Bukari and other, even Umar (Rali) forbade mu'tah. It is ckear that the prophet (Sal) and kulafah ur rashidun like Umar (Rali) and Ali (Rali) forbade it and the the prophet (Sal) told the myslins to follow the kulafah ur rashidun's sunnah. The personal opinion of Ibn Abbas cannot be accepted on mu'tah being halal and some companions did not know of this prohibition. My point is, Ibn Abbas agreed that it is allowed only if it is for a necessity when the slave explained this to him in the hadith of Bukhari. From this it is clear that mu'tah although it is haram in Islam, it becomes halal if there is a necessity just like all other things. Allah azza wa jal says in the Quran,
And why should you not eat of that (meat) on which Allaah’s Name has been pronounced (at the time of slaughtering the animal), while He has explained to you in detail what is forbidden to you, except under compulsion of necessity?”
Islam is a flexible religion And Allah (Swt)says,
"Allah intends for you ease and does not intend for you hardship"
It s hard to imagine why some will allow the drinking of alcohol or pork for a necessity and still be adamant to allow mu'tah in the same category of necessity when Islam makes it very clear that necessity makes the haram halal. Some Muslims will still argue that anyone can make anything halal under the pretext of necessity. The answer to this is that the issue of necessity depends on the situation a person is and it defers from one person to another and trying to force one definition for necessity is wrong because Islam does not clearly say what a necessity is and what isn't. Even a woman was let go by Umar(Rali) for fornicating because she did it due to necessity. Umar (Rali) was very strict when implementing the law of Allah(Swt) and even in such a scenario, he let go the lady who committed zina due to a necessity. This shows how just the companions were and if zina becomes permissible due to a necessity, then why can't mu'tah marriage?. It is time that the muslim ummah stick to the facts with out blinly following madhhabs and individuals and accept that Islam is based only on the Quran and the authentic sunnah as understood by the sahaba and the salaf. If they only realize and accept this basic fact, life will become easier. From all the above evidence, it is clear that mu'tah marriage is completely halal if it is for a necessity.