Another thought...

Nikah Mut'ah... have you heard of it?

A question that was post to me tonight. Made me think that I need to do some research on it. This is an excerpt from what I've found on Wiki (my constant source of info : http://en.wikipedia.org/wiki/Nikah_mut'ah)


Nikāḥ al-Mutʿah (Arabic: نكاح المتعة‎ "pleasure marriage"), is a fixed-term marriage in Shi'a Islam. The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term. The marriage is contractual and is subject to renewal. Financial payments may be made between the couple, usually with the male paying the female known as mahr or dower.


But why Mut'ah?


The Nikah al-Mut‘ah is used various ways:
1. It is used in modern times when people move from one place to another, such as from one country to another. Thus students, workers, scholars may enter into a contractual marriage under the verse of the Qur'an which allows ones emotional needs and human needs to be fulfilled if they are in another country. It may lead to permanent marriage afterwards.
2. It may be used to become mahram (unmarriable) with somebody with whom they do not intend to cohabit or have a married relationship, but with whom they spend a lot of time (for example, share a house). In order to ease the hijab "modest dress" rules, they engage in a nikah al-Mut‘ah, specifying in the marriage contract that no physical contact is allowed.
3. Two people who live under the same roof but are not mahram (unmarriable) and must observe hijab may engage in a symbolic nikah al-mut‘ah with the others' offspring for a minimal amount of time (two minutes or less). The Nikahu’l-Mut‘ah does not need to have any practical consequence, but it will make the parent and the offspring's husband or wife permanently mahram to each other, and thus no longer obliged to observe hijab rules.
4. Young unmarried couples may decide to use nikahu l-Mut‘ah as a permissible alternative to entering into a relationship on the premise of future permanent marriage.
5. It might also be seen as a cover for legalized prostitution, as the nikahu l-Mut'ah can last as short as half an hour, and the woman receives financial compensation but in accordance with the Quran must still wait three months (iddah) before the next contract.


Reality check : I am not under any of the 5 points above.

Differences from permanent marriage

Nikah Mut'a is a marriage with a pre-set time. It is important to note that different Marja (authorities) may give different fatwa (legal rulings) on some issues. Many of the following rules may be changed in the Islamic marriage contract.

• The marriage is agreed to be voided after a pre-set time. This permits the couple to expect and prepare emotionally for the end of the marriage.
• No divorce is necessary. In Shi‘a fiqh, divorce is viewed as a complex process and a period aimed at giving the couple the chance to reconcile. This is not necessary in Nikahu’l-Mut‘ah, since the marriage does not end due to disharmony but due to the preset time being reached.
• The husband may void the Nikahu l-Mut‘ah earlier than agreed. If he does and they have had sexual intercourse, he must give her full mahr "bride gift". If they have not had intercourse, he must give her half that amount, though the recommended precaution is that he should give her full mahr. A distinction between a talaq (divorce) in a nikah and voiding a nikahu l-mut‘ah is made in a conversation reported in a hadith collection.
• The couple do not inherit from each other. Since the marriage is not permanent, the couple is not considered a single, merged unit.
• The husband is financially responsible for any children resulting from the marriage. As it is believed that a woman should not be burdened with the responsibility of providing for a family, she is allowed to work and spend her money as she chooses.
• The wife may leave her house against her husband's will.
• The husband need not pay for the wife's expenses. This complements the above point.
• It is permitted to marry a woman from Ahl al-Kitab "People of the Book" (followers of monotheistic religions). The difference in jurisprudence between different religions is overcome by this rule. It is understood that the Muslim Nikah does not have an equivalent form among the People of the Book. Therefore, women who are of the People of the Book are unaccustomed to the special rules of Nikah, for example, the husband's responsibility for the wife's expenses or the wife's not leaving her house against the husband's wishes. These difference in religious laws make it desirable to wait with the higher level of commitment that Nikah requires until they are overcome, in order to minimize potential friction in family life.
• The wives are not counted toward the maximum of four. Since the husband is not required to support the wife, and the marriage is not permanent, the circumstances leading to the restriction of having no more than four wives does not apply. However, many Shi‘a scholars have ruled that one cannot take more than four temporary wives.

Similarities

• The woman might require the consent of her wali ("Legal Guardian") if she is a virgin. However, there is no consensus among the Grand Ayatollahs on this issue. Most Marjas like Ali Sistani require the father's permission, to prevent someone taking advantage of her inexperience; while there are few others who do not require guardian's permission.
• A contract is engaged when entering the marriage. Shi‘a believe that the marriage contract does not require having witnesses, a written contract or permission from authorities.
• The woman observes iddah at the end of the marriage. That is, she must wait before remarrying - but only if she had sexual intercourse.
• Men are not allowed to marry women of non-monotheistic religions, and women can only marry Muslims.

But all in all, Nikah Mut'ah was a custom of pre-islamic Arabs. It has been abolished as per the views below:-

Sunni view

The hadith, or prophetic statements and traditions, can be analyzed to fortify this position.

In the hadith collection of Tirmithy, Abdullah Ibn Abbas narrates:

"Temporary marriage was at the beginning of Islam. A man comes by a town where he has no acquaintances, so he marries for a fixed time depending on his stay in the town, the woman looks after his provisions and prepares his food, until the verse was revealed: 'Except to your wives or what your right hands possess.'"

A majority of Sunnis believe that Muhammad later abolished this type of marriage at several different large events, the most accepted being at Khaybar in 7 AH (629 CE) Bukhari 059.527 and at the Victory of Mecca in 8 AH (630 CE). Most Sunnis believe that Umar later was merely enforcing a prohibition that was established during Muhammad's time.

Shia view

Shi'a believe that Umar ibn al-Khattab abolished it, not the prophet of Islam.

• He did it during the third year of his reign, 15 ah (637 CE), 6 year after the revelation of verse 4:24, in the Hadith of Umar's speech of forbidding Mut'ah, but since he, according to them had no authority to do so, Umar's prohibition seems to be temporary and place specific, hence may be ignored (Muslim 2801 1, 2).

Reality check: We're nearing the end of the century, and Islam have long been established.


I need to go back to my teacher, my ustaz to discuss about this further.


SubhanAllah... there is so much to think, research about when it comes to this. But to me, it does sound like a legalized prostitution as my argument will be why get married in the first place? Why do you get married? I had a discussion with my son about this when he broached the subject of marrying in a early age. One of the reason to be married is to have children. But in a contractual marriage like Nikah Mut'ah, it is not advisable for you to have children. Although husbands are financially responsible for any children resulting from the marriage, it would mean the wife is willing to be a single parent once the contract is over or willing to leave the child with the father since he is financially responsible towards the child. Would it be of the best interest for the child? Is this the path I would want to take / consider? I myself would rather be dead than having my children taken away from me unless they return to Allah s.w.t.


I am a creature of emotion. I admit that I'm greedy for love, affection and attention. I don't quite agree to polygamy for whatever reason there is. But if it is already fated by Allah s.w.t, I will accept for Him, as He only knows what He has in store for me. But it must be a consensual polygamy by all parties involved. There must be a better way to live a life and I don't see Nikah Mut'ah as a solution to my life. I just salute the others who think it is. But I encourage my readers to also read this E-book on Marriage as a form of Ibadah. Perhaps it will help you readers as it had help me in understanding marriage in its simplest form.


Reality conclusion: I can see my family screaming on top of their lungs... YOU ARE CRAZY!!