Nikah mut'ah

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Nikah mut'ah

Twelver Shia Islam[5] in which the duration of the marriage and the mahr must be specified and agreed upon in advance.[1][6][7]: 242 [8]: 47–53  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 in other forms of marriage in Islam.[9]

According to

Shia Muslims, Muhammad sanctioned nikah mut'ah (fixed-term marriage, called muta'a in Iraq and sigheh in Iran), which has instead been used as a legitimizing cover for sex workers in a culture where prostitution is otherwise forbidden. Some Western writers have argued that mut'ah approximates prostitution.[10]

Some sources say the Nikah mut'ah has no prescribed minimum or maximum duration,[11] but others, such as The Oxford Dictionary of Islam, indicate the minimum duration of the marriage is debatable and durations of at least three days, three months or one year have been suggested.[1]

Some Muslims and

Zaidi Shia reject Mutah marriage.[citation needed
]

Background

Historically there were many types of marriages, used for various purposes, as opposed to a full marriage; in mut'ah some of the rights of the husband and wife are non-existent. This was primarily used by those who could not stay at home with their wife and traveled a lot. For example, a traveling merchant might arrive at a town and stay for a few months, in that period he may marry a divorced widow, and they would take care of each other. When he has to leave to the next town, the marriage is over, and he might sign a mut'ah contract at his next place. Although in modern times such a thing is considered obsolete, due to the availability of fast travel, and primarily exists in Iran and Shia regions for sexual pleasure reasons as a means of Halal dating.[15]

Mut'ah, literally meaning joy, is a condition where rules of

Twelver Shia scholars, on the other hand, assert that Mut'ah was sanctioned by the Prophet, but was banished by the Second Caliph 'Umar. Omar's abolition was not accepted in many scholarly circles and was met with staunch opposition from major companions like 'Imràn b. Husayn, Ibn 'Abbas, as well as Omar's son 'Abd Allàh b. 'Umar.[6] Both Shias and Sunnis agree that, initially, or near the beginning of Islam, Nikah mut'ah was a legal contract.[8]

The prominent companion and

, were major scholarly personalities born of Mut'ah.

Religious views

Twelver Shia

According to

Quran 4:24, known as the verse of Mut'ah.[citation needed
]

Julie Parshall writes that mut'ah is legalised prostitution which has been sanctioned by the

Twelver Shia authorities. She quotes the Oxford Encyclopedia of the 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.[20] According to Zeyno Baran, this kind of temporary marriage provides Shi'ite men with a religiously sanctioned equivalent to prostitution.[21] According to Elena Andreeva's observation published in 2007, Russian travelers to Iran consider mut'ah to be "legalized profligacy", which is indistinguishable from prostitution.[a] These views are contested by others, who hold that mut'ah is a temporary wedlock option in Islam for avoiding illegal sex relations among those Muslims whose marriage is legitimate but, for certain constraints, they are unable to avail it. From this point of view, mut'ah is neither concubinage nor 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 couple have sexual intercourse. According to this interpretation of the rules of iddah, if a woman marries a man in this way and has sex, she has to wait a number of months before marrying again and therefore, a woman cannot marry more than three or four times in a year.[23][24][25][26]

Sunni

During the sixteenth century, during the reign of

Twelver Shia during Akbar's reign.[7][27] According to Sunni Arab jurisdiction of Jordan; if the nikah mut'ah meets all other requirements, it is treated as if it were a permanent marriage.[8]

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.[28]

The

Qur'anic
terms states,

The people of Faith are in agreement that Mut'ah is halal, then a great man said Mut'ah was abrogated, other than them remaining scholars, including the Shi'a believe Mut'ah remain halal in the same way it was in the past. Ibn Abbas held this viewpoint and Imran bin Husain.[29]

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.[30][31]

Even though nikah mut'ah is prohibited by the four

Twelver Shia understanding.[32] Some regard misyar as being comparable to nikah mut'ah: for the sole purpose of "sexual gratification in a licit manner".[33] In Ba'athist Iraq, Uday Hussein's daily newspaper Babil, which at one point referred to the Shi'ites as "Rafida", a sectarian epithet for Shia,[34] condemned Wahhabi clerics as hypocrites for endorsing Misyar while denouncing Mut'ah.[35]

According to classical Sunni scholars such as

Mufassir Ibn Jarir al-Tabari (839–923 CE / 224–310 AH) held the same view. Some Sunnite scholars narrated that Malik ibn Anas and Al-Shafi'i sanctioned temporary marriages.[36]

According to prominent Indian Salafi scholar Waheed-ud-Deen Zaman:

Sahaba, and the Ahl al-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."[38]

Western views

Some Western writers have argued that mut'ah approximates prostitution,[12][39] and asserted that it has been used to cover for child prostitution.[40][41] 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.[20] Dawoud el-Alami, a lecturer at the University of Wales, wrote that the recent resurgence in the practice of mut'ah among Iraqi and Iranian Shi'tes was equivalent to "disguised prostitution".[42]

In popular culture

The Girl Sitting Here is a (2021) short film directed by Azadeh Nikzadeh about a temporary marriage contract. Bahar (Bahar Beihaghi) a young woman, in exchange for funds to cover the costs of a surgery negotiates a temporary marriage deal with Mr. Payam (Neimah Djourabchi).[43]

See also

References

Notes

  1. ^ "Most of the travelers describe the Shi'i institution of temporary marriage (sigheh) as 'legalized profligacy' and hardly distinguish between temporary marriage and prostitution."[22]

Citations

  1. ^ a b c d Esposito J. "The Oxford Dictionary of Islam." Archived 25 November 2015 at the Wayback Machine Oxford University Press 2003 p221 Accessed 15 March 2014.
  2. ^ "Temporary 'Enjoyment Marriages' in Vogue Again with Some Iraqis". The Washington Post. Archived from the original on 3 March 2017. Retrieved 6 September 2017.
  3. ^ Hans Wehr Dictionary of Modern Written Arabic: a compact version of the internationally recognized fourth edition Archived 19 June 2017 at the Wayback Machine Ed. JM Cowan. New York: Spoken Language Services, Inc., 1994. Print.
  4. ^ Sciolino, Elaine (4 October 2000). "Love Finds a Way in Iran: 'Temporary Marriage'". The New York Times. Archived from the original on 13 September 2017. Retrieved 6 September 2017.
  5. ^ Mahmood, Shabnam; Nye, Catrin (13 May 2013). "I do, for now anyway". BBC News.
  6. ^ . Accessed at Google Books 15 March 2014. pp. 167-171,176
  7. ^ a b c d Hughes T. A Dictionary of Islam. Asian Educational Services 1 December 1995. Accessed 15 April 2014.
  8. ^ , 1780761479277 Accessed at Google Books 15 March 2014.
  9. ^ "I do... for now. UK Muslims revive temporary marriages". BBC News. 13 May 2013. Archived from the original on 22 July 2018. Retrieved 21 July 2018.
  10. ^ İlkkaracan 2008, p. 36.
  11. ^ Labi, Nadya. "Married for a Minute". Mother Jones. Archived from the original on 14 June 2014. Retrieved 22 June 2014.
  12. ^ .
  13. . Retrieved 5 April 2013.
  14. .
  15. . Retrieved 16 January 2020.
  16. ^ Sharh Ibn Abi al-Hadid. Vol. 4. pp. 489–490.
  17. ^ a b Al-Raghib al-Isfahani. al-Muhadhiraat. Vol. 2. p. 96.
  18. ^ al-Ghiṭā, Muḥammad al-Ḥusayn Āl Kāshif (1982). The Shia Origin and Faith. Islamic Seminary. pp. 210–211.
  19. ^ Muhammad Baqir al-Majlisi, Mir-at al-‘Uqul fi Sharh Akhbar Al al-Rasul (Tehran: Dar al-Kutub al-Islamiyyah) [annotator: Sayyid Muhsin al-Husayni al-Amini], vol. 20, p. 226
  20. ^ from the original on 3 May 2016. Retrieved 13 December 2015.
  21. .
  22. ^ Andreeva 2007.
  23. ^ Temporary Marriage in Islam Part 6: Similarities and Differences of Mut'a and Regular Marriage | A Shi'ite Encyclopedia | Books on Islam and Muslims | Al-Islam.org.
  24. ^ "Marriage » Mut'ah (temporary marriage) – Islamic Laws – The Official Website of the Office of His Eminence Al-Sayyid Ali Al-Husseini Al-Sistani". www.sistani.org. Archived from the original on 7 February 2018. Retrieved 16 February 2018.
  25. ^ "The Rules in Matrimony and Marriage". Al-Islam.org. 3 October 2012. Archived from the original on 14 June 2018. Retrieved 16 February 2018.
  26. ^ "Marriage". english.bayynat.org.lb. Archived from the original on 23 February 2018. Retrieved 16 February 2018.
  27. ^ a b Müller F. "Introduction to the science of religion." Archived 18 October 2015 at the Wayback Machine Kessinger Publishing 1882 p? reprint 1 December 2004. , 9781417974016
  28. Nisa verse 24
  29. from the original on 5 February 2018. Retrieved 26 August 2016.
  30. ^ electricpulp.com. "MOTʿA – Encyclopaedia Iranica". www.iranicaonline.org. Archived from the original on 11 August 2017. Retrieved 26 August 2016.
  31. ^ Ruffle K. Mut'a "Mut'a." Archived 11 January 2015 at the Wayback Machine Oxford Bibliographies website document.
  32. , 9781612046235.
  33. .
  34. .
  35. ^ Ibn Baz, 'Abd al-Azeez. "Views of those who deem Mut'ah marriage permissible". Kingdom of Saudi Arabia- The General Presidency of Islamic Research and Exile. Archived from the original on 17 October 2021.
  36. ^ "Allama Waheed Uz Zaman books". Dar-ul-Andalus.
  37. ^ Upadhyay, R.D (2018). CIVIL ORIGINAL JURISDICTION WRIT PETITION(CIVIL) NO 235 OF 2018. SUPREME COURT OF INDIA. p. 20.
  38. ^ In Iraq, religious ‘pleasure marriages’ are a front for child prostitution The Guardian, 2019
  39. ^ "BBC - Undercover With The Clerics - Iraq's Secret Sex Trade - Media Centre". www.bbc.co.uk. Retrieved 16 January 2020.
  40. ISSN 0029-7712
    . Retrieved 16 January 2020.
  41. . Retrieved 5 April 2013.
  42. ^ Paine, Herbert. "BWW Review: THE GIRL SITTING HERE". BroadwayWorld.com. Retrieved 3 January 2022.

Further reading

  • Afary, Janet (2009). "Slave concubinage, temporary marriage, and harem wives". Sexual Politics in Modern Iran. .