MUT'AH

Mut'a - Can one marry a ahlul kitab? Question: I have a question concerning "mut'a". This issue has been discussed about many times here, and accoridng to what I have understood, one (a male muslim) can temporarily marry to a non-muslim female as long as she is Christian or Jew( and of course or Muslim!). My question is, knowing that in Judaism and Christianity, this kind of marriage is not allowed, so what happens is the female party is commiting practically adultry, considering her religion! As a muslim how could we be neutral about this? Aren't we, by allowing this kind of marriage to takeplace, encouraging them to commit adultry? And in that case don't we share the act of commiting sin? Practically this marriage can only take place when the female party doesn't care about here religion, so what is the point to require she must be "ahl-e ketaab" ?!!! The whole issue is still hard to understand for me! As a Shi'at muslim, I know that this is allowed, but when it is about explanation I do not see, or understand, much. I hope you can shed some light on it for me to be able to grasp the idea here. Answer: It is important to realise two things here. The first is that both Nikah (permanent) and Mut'a (fixed-term) marriages are recognised as solemn contracts by Islam. The respect and protection for the women by Sharia is there in both cases. Therefore to the Christian or Jew both marriages should be viewed in identical fashion. If they considered that a female is committing adultery in Mut'a with a Muslim man, then they would have the same view about a similar relationship in Nikah. As for the point about sharing in committing the sin, that only applies when we encourage someone to break the Islamic Sharia. The issue would also arise if the marriage was forced which is why willing consent of both female and male is a requirement for the validity of the contract. I have answered in greater detail about the Mut'a in a separate answer about the relevance of Mut'a in society today. Wasalaam Asgharali M M Jaffer

Muta'a - Payment of Mahr QUESTION: Salaam Alaikum I made long distance mut'a aqd with a man in order to become mahram with him so that we can talk and discuss possibility of marriage. In that aqd we agreed that I was allowed to break the mut'a at any time I wished. We agreed upon Mahr. Later on I broke the mut'a agreement, but I still have not been given my Mahr. Is this Mahr legally mine even though there was no sexual contact and I ended the aqd early? ANSWER: Salaamun 'alaykum, Since the marriage was not consummated, you are entitled to half the mahr. Liyakatali Takim

Mut'a - Responsibility for child QUESTION: assalamu alaikum I had a question regarding Muta'a. I was wondering if you could explain to me about a man who enters a temperory marriage and a child is conceived as a result of that marriage. I am confused as to why a man is not responsible for that child and his expenditure as it's indicated in Ayatullah Sistani's risalah. Is that man considered the father of that child and what responsibilities does he bear towards that child if any. Thank you in advance for your time. Jazak Allah khair. wassalam ANSWER: Salaamun 'alaykum, Even in a temporary marriage, a man is responsible for the upkeep of the children resulting from that marriage. He has to provide provisions that he would provide for a child under a permanent marriage Liyakatali Takim

Mut'a - Rules and Regulations Question: What are the conditions under which mutah can be practiced.. Briefly what are the rules and regualtions behind it? Answer: Conditions of mut'ah marriage are: i.e. the formula should be pronounced in correct Arabic, the couple must have intention of insha i.e. recited in a creative sense thus making it effective immediately,the couple reciting the mut'a or nikah should be sane; baligh and complete willingness of both parties to enter into the matrimony. If the bride agrees, the dowry can be given later on or she can choose to forgive it completely. See Ayatullah Seestani's Risala p. 437-438 Islamic Laws Iltimase du'a Liyakatali

Mut'a - Is it permissible with people of the book? Question: One of my friend he has these questions for review. Is Muta'a (Seeghaa) allowed with the people of book or not, especially the christians of today. I know that the regular marriage is only permissible with a Muslim. How about if the person is single and never married. And if it is, I read a long time ago in a Tawzeeh that the sermon of Muta'a can also be said in a language other than Arabic. Please answer these questions under the authorities of both Seestaani and Khamenai. 2) For a man to marry, is the permission of his parents a necessity according to the Shari'a or not. A person who is living here in this society and wants to stay away from the sins but his society(parents) does not allow him to marry, if he marries without their permission is it going to be a disobedience and punishable on the day of judgment or to save his A'qibat this disobedience and rebel to one's society is allowed. Answer: 1.Yes, temporary marriage can be contracted with Christian and Jewish women of today - see Islamic Laws of Ayat Seestani, Masail 2406 If it is not possible to recite the formula in 'Arabic, any other language may be used but the words must convey the meaning of the marriage contract so there is no doubt - see Islamic Laws - Masail 2379 2. The permission of the parents is recommended but not necessary in the situation you describe. Asgherali M M Jaffer

Mut'a - Is it required to talk to opposite sex on internet? QUESTIONS: Salaam Alaikum, 1. In order to discuss and talk with someone of the opposite sex on the internet, is Mut'a required? A.l. No, it is not required. 2. If so, I understand from your previous reply that the nikah cannot merely be written over the internet. But wouldn't it be possible for those interested in this to talk over the phone and recite the appropriate words? Then they could talk freely with one another on line. A.2: Nikah has got to be uttered in words formulated by the Shariah. If they are recited on phone, then it will be deemed proper. With Salaams, Asgharali M.M. Jaffer

Mut'a - over the Internet QUESTION: Salaam Alikum, This is very interesting [being able to recite the Nikah over the telephone]. I was wondering if the "couple" would have to know each other or at least have seen each other before Mutah could be recited over the telephone . ANSWER: Salamun Alaikum, It will be presumed that the parties intending to contract permanent or temporary marriage know each other, if not by face, at least by other relevant details. Secondly, marriage, permanent or temporary, is based on the consent of both the parties. This much of acquaintance is presumed. So, when Muttah is contracted on phone, it is not necessary to have seen each other, or known each other closely. Asgharali M.M. Jaffer

Mut'a with a Christian Women QUESTION: The person who needs the answer is on taqleed of Sayed Khui (RA). A Muslim is considering to marry a Christian woman on the basis of mut'a. She was married to another man until five years ago, when they separated formally in the court. But because some financial issues have not been settled after their separation, they never concluded their formal (civil) divorce, according to the court. What is the Islamic ruling for a new marriage (mut'a) of this Christian woman with the Muslim man? Is she still considered married or divorced for this matter? ANSWER: If the Christian lady has had her divorce solemnised according to SHARIAT, and has completed her IDDAH, she can contract MUTA'H or a permanent marriage with a Muslim. This is according to the rulings of Ayatullah Al-Khui, may ALlah bless him. Asgherali M M Jaffer

Mut'a with a Prostitute QUESTION: Assalamu'alaikum wr.wb. May Muslim do mut'a with a prostitute? If he may, what is the way? Your advice will be much appreciated. ANSWER: Salaamun 'alaykum, According to Ayatullah al-Khu'i, if a woman is know to be an adulterer, then as an obligatory precaution, one must avoid doing mut'a with her. Wasalaam, Liyakatali Takim

Mut'a with Ahlul Kitab QUESTION: I have a question regarding Mutah with a non Muslim woman. While I know that Mutah with women who are Ahlul Kitab is halal I am wondering just who Ahlul Kitab are. In particular I want to know if Mutah is halal with a woman who believes that Prophet Jesus (AS) is God or the son of God. Also the Catholics pray to statues of Jesus and Mary, are they not then practicing shirk. Wouldn't his make them haram for mutah? What about a Christian or Jewish woman whom we know engages in fornication. ANSWER: Ahlul Kitab are the people of the heavenly books, i.e. Torah and Ingeel. Christians at the time of the Prophet also believed in Trinity. Yet they are classified as the people of the Book. Mutah with a woman who engages in formication should be avoided. Asgharali M M Jaffer

Mut'a - Iddah Question: According to religious laws of Shia, a Muslim man can temporarily marry a Christian or Jew woman (as well as a Muslim woman). As far as I understand a Muslim man is not allowed to marry temporarily a woman having a religion except those mentioned above. In practice, some problems occur that I could not find solutions for them in the practical (Amalieh) Risalah. These problems are listed in the following. Could you please answer these problems or questions according to Ay. Sistani or Khamenei or Fazel-Lankarani? If finding answers according to the above-mentioned persons is not possible at the present or it needs to be asked them directly, could you answer them according to Shia's Feqh resources like Sharh-Al-Lom'eh (by Shahid Al-Thani) or so on. Q.1. In western countries the majority of people are Christians. However, there are people who are not, in the meantime, Muslims or Jews. Is it allowed not to ask her religion while Muta? In other words, is it allowed to presume that she is Christian as the majority of people in society are Christians? Q.2. When a Christian (or Jew) unmarried woman has lost her virginity due to her previous relationships, is her father permission for marriage temporarily (Muta) needed? Q.3. When we find that she is single, Is it necessary to ask her that whether she has a boyfriend at the present or not? If she does, is it allowed to marry her temporarily? If she doesn't, is it necessary to ask her about previous relationships? In other words, is it necessary to ask her that her EDEH (about 45 days in Muta) is over? and also to tell her to keep EDEH after expiring the period of Muta, while she does not believe to these rules or may not do as requested? In summary, should we ask her about EDEH? and without asking in this regard, can we do Muta? With many thanks. Answer: Q1. In a country where the population is predominantly Christian, you may presume that she is also Christian. Q2. The father's permission is not required if she has had previous relationships as described. Q3. It is not necessary to ask but if she is currently in a relationship you cannot marry her. It is not necessary to ask about previous relationships or how long ago they took place. However, it is necessary to explain to her the rules of Mut'a and explain about the Iddah to follow, even if she does not later do as requested. And Allah knows better. Asgharali M M Jaffer.

Mut'a - According to Qur'an and Sunnah QUESTION: What is your idea about ESTEHBAABE-MOT'E? Have we got any HADITH 'bout that? ANSWER: Bismihi-l-Haqq There is unanimity amongst the Muslims that temporary marriage (mut'ah) was sanctioned and approved by the Qur'an and the sunnah of the Prophet (S). The dispute on this issue between the Shia and the Sunnis centres on whether or not this legislation was abrogated by a subsequent Qur'anic verse and hadith-reports of the Prophet (S). Our position (i.e. Shia), which can be documented with solid evidence, is that no such abrogation took place in the lifetime of the Prophet. Recently, an M.A. thesis on Mut'ah by Br. Riad Ahmad was submitted to the Department of Islamic Studies at McGill University. It has gone for binding and cataloguing, and should be available in a few months. The legislation on temporary marriage (mut'ah) is commonly invoked to stigmatize the Shiah and is equated to a form of legalized prostitution. Such a misconception is due to the inability to position this institution within the larger social context. Islamic social legislation is comprehensive and thus must address all possible scenarios. Preservation of this practice was so important that the Imams (a.s.) used to encourage their followers to contract mut'ah. The hadiths that recommend mut'ah have to be understood in this context, i.e. it was meant to revive (yuhyi) and maintain this institution. See for example the hadith from Wasa'il-us-Shi'ah (Tehran, 1397 A.H. vol.14, p. 444) under the chapter on Nikah and section on Desirability (Istihbaab) of Contracting Mut'ah: On the authority of the 6th Imam (a) who is reported to have said that every man who contracts mut'ah and then performs the ghusl, God creates from every drop (of water) that drips from him seventy angels who seek his forgiveness till the Day of Judgment . . . Another hadith says that He forgives sins when one perfoms the ghusl equal to the number of hair. Other traditions that recommend mut'ah: I love a man who does not leave this world until he contracts mut'ah even if it is only once, and prays jum'ah in a congregation; once the sixth Imam (a.s.) asked his companion Muhammad b. Muslim if he had ever performed mut'ah to which he replied no. The Imam said that do not leave this world until you have revived (tuhyi) the sunnah. You will notice that wherever the Imams strongly recommend mut'ah, it is in the context of reviving the sunnah of the Prophet (S). This becomes even clearer when we examine the hadith reports that discourage (karaahat) mut'ah for those who already have access to their permanent wives. This is the view of Professor Murtada Mutahhari and Ayatullah Fadlullah. The latter believes that mut'ah can be prohibited if it is warranted for the preservation of public interest. I should clarify, however, that all present-day jurists allow men to enter into a mutah contract irrespective of whether they are permanently married or not. Ayatullah Fadlullah puts a limit of 4 wives, inclusive of permanent and temporay wives, whereas others put no restriction on the number of temporary wives. It is prohibited to marry a virgin in both temporary and permanent marriage without the consent of her guardian (wali). It is also reprehensible (makruh) to engage in mut'ah contract with a virgin. wa bi-l-laahi-t-tawfiq, Hamid Mavani Sources: Sachiko Murata, Temporay Marriage (Mut'a) in Islamic Law The Rights of Women in Islam Mohammad Sharif, Innocently Accused: Fixed Term Marriage Al-Amili, Wasa'il-us-Shi'ah Al-Urwat-ul-Wuthqa with commentaries by marjas Ayat. Fadlullah, Ta'ammulat-ul-Islamiyyah hawl-al-Mar'ah

Mut'a - Temporary Marriage QUESTION: SITUATION: There is a friend of mine who studies with me and I recently found out that he is a Shia. I saw him praying in our local Sunni mosque and he prayed like me so I decided to ask him of his sect. We got to talking and after knowing him for a couple of days now I found out that he lives with his girlfriend. I talked to him about the concept of Mutaa that we Shia believed in. He seemed to be very interested in this. I told him about the basic things that I know about temporary marriage but soon I was confronted with a question that I was not able to answer. His girlfriend is a virgin and thus needs her father's permission to perform mutaa. She is also very interested in learning about Islam. Unfortunately, her dad is a pastor at a local church, so he is not going to be practicle about the concept of temporary marriage. The question that I was confronted with was: QUESTION: What should be done if the guardian of a girl (Ahl-el- kitaab) is very impracticle and does not want to do anything with one of Allah's orders? I was not able to answer this question and I would really appriciate it if you can answer this question for me. I'm sure that Islam will have an answer to this. I would like this question to be answered according to the rulings of both Aga Khui, and Aga Seestani. ANSWER: In The Name of the Most High; 1. The guardianship of one over another is not valid in the following situations: a. If the father is a kafir and the person is a muslim. b. If the person is an adult(rashid) and their is an inclanation towards the one to be married. (it is only a recommended precaution to get the guardains permission in this case). c. If getting the guradian's permission is hard to get for any logical reason. d. where the hardship of achieving such permission is greater than the benefit of getting such permission. 2. Not all Alims require that an adult bikr woman gets her guardian's permission to enter into a muta marriage. Those who require such conditions view it as an obligatory precaution. Therefore, and in those situations, one can revert to another alim who allows it. 3. In this particular situation, this girl does not have to have her father's permission to enter into a muta marriage with this brother. In fact the brother must perform such muta right away to avoid further falling into haram acts. Allah knows best. Abu Muhammad

Mut'a - Banned by Umar ibn Khattab QUESTION: What is the unforeseen act of `Amr b. Harith that occurred in the time of 'Umar which caused him to ban Mut'ah as mentioned in Sayyid Sharafuddin's Masail Fiqhiyyah? ANSWER: There are very few details from the sources on this event. However, I have heard that 'Amr had contracted mut'a with a Persian woman during the time of 'Umar. 'Amr also neglected his permanent wife and family responsibility due to his mut'a relationship. This was one of the reasons which caused 'Umar to ban mut'a. However, this is just one story I have heard, Allah knows the truth Yours in Islam Liyakatali

Mut'a - Iddah? QUESTION: If a women ends a muta'h and has not had any ohysical relationship with her husband for a period of 2 months before the agreed upon expiration of the muta', does she still have to observe iddah? If a woman did not have any physical relationship with her husband for a period of one month before the expiration of their muta'h and she had menstruated, is her iddah still 2 cycles of menstruation or only one? ANSWER: IF she has had physical relation even once during the period of muta'h, she has to observe Iddah. She has to observe 2 cycles of menstruation after the expiry of the term. This is according to Ayatullah Seestani. Asgherali M M Jaffer

Mut'a - Can a Shia perform Muta' with a Sunni Girl? QUESTION 1: Is it allowed to perfom Mut'a with a Sunni girl if you explain the reasoning to it? ANSWER 1: Yes, mut'a may be performed with a Sunni girl. QUESTION 2: If it is not possible that the girl can obtain permission from her parents, is it still allowed? a) if she is virgin, b) if she is not virgin? ANSWER 2: If she is a virgin then permission of the father has to be sought. If she is not a virgin, then no permission is required. QUESTION 3: What is the ruling concerning Muta with non-Muslims i.e. Sikhs and Hindu if you explain to them the Muta? With practicing/non practicing Christians and Jews? ANSWER 3: Mut'a with women from people of the book (ahl al-kitab) is allowed. QUESTION 4: If you perform Muta are there any implications in the next world? i.e. are you allowed the women of heaven ? ANSWER 4: If one follows the prescribed rules, then there will not be any negative implications. With Salaams and du'as L. Takim

Mut'a and Fasts QUESTIONS: Q1: Is it possible to make zawaj muta (muta marriage) over the phone and the dowry given upon meeting, or must both the recitation of the words and dowry be done simultaneously and in person? Q2: What is the proper niyat for a wajib fast (Ramadan) and a non-wajib fast? ANSWERS: Question 1: It is possible to perform a marriage over the phone provided the normal conditions of marriage are fulfilled. i.e. the formula should be pronounced in correct Arabic, the couple must have intention of insha i.e. recited in a creative sense thus making it effective immediately, the couple reciting the mut'a or nikah should be sane & baligh and complete willingness of both parties to enter into the matrimony. If the bride agrees, the dowry can be given later on or she can choose to forgive it completely. See Ayatullah Seestani's Risala p. 437-438 Islamic Laws Question 2: The proper niyya for a wajib fast is I am fasting for the month of Ramadhan wajib qurbatan ilalaAllah. The niyya for a non-wajib (or mustahabb) fast is I am keeping a fast qurbatan ilaAllah. Please note that one does not have to utter the niyya, if one has the intention in the mind (that I am performing the act for this purpose) that is sufficient to act as a niyya. In fact, according to Ayatullah Seestani, it is sufficient for a person to decide that in obedience to the command of Allah he will not perform, from the time of the adhan of fajr prayers up to maghrib time any act which will invalidate the fast. Jazaka Allah Liyakatali Takim

Mut'a - is Muta allowed for married women? QUESTIONS: Is Muta allowed for Married women also. If not why? Are there any degrees in prophets(eg. Prophet Mohammad is greater than Moses). If so you can please qote me from Quran, If not Hadis will do. ANSWERS: Salam Alaikum brother; Muta is not allowed for married women for the simple reason that Allah did not allow it for them. We can ponder many reasons such as preservation of lineage, control of social morals, and phyiscal fullfilment differences between men and women. Basically the same reasons why men can marry more than one wife but women can not. As far as the second question, the quran states clearly that "Tilka-aruslu fadalna baadahum ala baad, warafanu baadahum fawqa badeen darajat" Those are the messangers, we have excelled some over others in preference, and eleveated some of them in degrees.. this is a rough translation and I beleive the verse is in Surat Al-anbia. Abu Muhammad

Mut'a - Permission of wife - is it necessary? QUESTION: I follow the taqlid of Ayatullah Khui A friend and I have been discussing the topic of MUTA. Although we both realize that it is allowed in Islam, there is some dissagreement on its application. I contend that once a person has entered a permanent marriage, muta is no longer allowed. My friend feels that muta is still allowed as long as the permanent wife knows and does not dissapprove. ANSWER: Both are wrong. Muta' has no restriction or condition on a man that he must be single. That is true for the woman. Nor does it contain a condition of the wife's approval. Muta' can be done wothout the permanent wife knowing. Mustafa Jaffer

Mut'a - Its sigha, is it okay to read in any other language? Question: is it permissible to pronounce the sigheh of muta in a language other than arabic ie english or french? Answer: The sigha of mut'a can be pronounced in any language. But it should convey the full meaning of the original. The woman to say: "I give away myself in Mut'ah to you for a period of ............ and against the agreed mahr of ................" The man to say: "I accept you in mut'ah accordingly".

Mut'a - Is it allowed to contract without physical contact? QUESTION: My friend told me that you answer questions relating to Islamic Law. Would you mind answering the followiing questions regarding the temporary marriage (mut'a)? (1) If 2 parties agree to certain conditions when contracting the temporary marriage (such as no physical contact), is this agreement merely a convenience or is it Islamically binding? If one party later violates this agreement without consent, is this haraam? Is silence about the matter by the other party considered consent, or must consent be explicit? (2) Does a woman (Islamically) who is in a temporary marriage have the right to refuse anything her husband sexually wants from her, or is it haraam for her to refuse? Does the intent of the temporary marriage matter (i.e. it was not contracted for the purpose of sexual pleasure); also, do agreements such as the one mentioned above have any bearing on this question? ANSWER: 1. Yes, that condition imposed by the wife will be valid. However, if she agrees to physical contact etc., the husband is permitted to have that contact. Silence, not under distress or threat is a form of compliance. 2. It is haram for her to refuse. If there was a condition at the time of contracting MUTAH, then the law explained above will prevail. Asgharali M M Jaffer

Mut'a - without Mahr QUESTION: Our Mut'a was recited by Maulana, in the presence of the male and the girl's father. There was no agreed mahr, so, Maulana told the man to decide it with girl later, which he then did. The mut'a recitation stipulates an amount of mahr; my question is was our mut'a in order. The contract has know completed, and if it wasn't in order have we committed a sin, as we left in in the hands of someone more educated then us. ANSWER: Muta' without fixing Mahr is VOID and BATIL. However, you say that it was later fixed - if it was fixed before consummation of marriage, then it is alright, otherwise that MUTA (without fixed Mahr) was void. Asgharali M M Jaffer

Mut'a - Cultural stigmas Question: I feel that there is a cultural stigma against a married man engaging in mutah. People always envision a wife working hard at home to raise the kids while the husband is out playing with his mutah. Now, if he is as fair as he can be with regards to time, money, etc., spent with all of his wives, is there any harm in a married man engaging in mutah for whatever reason, be it pleasure or otherwise? Also, is there any harm in him having multiple mutahs, for pleasure or otherwise, if he is still as fair as he can be with regards to time and money, etc.? Or, is he wrong to engage in mutah if he is married in some cases? Also, if a wife is jealous of her husband being involved with these mutahs which are perhaps for his pleasure but he is trying to be fair in time, etc., is she sinning in that jealousy? Answer: It is important to note that it is very difficult if not impossible to be fair and just to both wives in a polygamous marriage, whether it be permanent or temporary. Some ulama have told me that in their opinion, a man who is happily married with children should not perform the mut'a for fun especially as this will probably affect his married life, it will create tension in his marriage and could possibly lead to a divorce. As for having multiple mut'ahs, apart from the fact that it is impossible to be just to all parties in such circumstances, there is a real possibility of cathing or spreading diseases especially in modern times. Why should a dedicated wife who is bringing up her children be exposed to such treatment? Indeed, it is but natural for a woman to feel jealous and aggrieved under such circuimstances. May Allah guide us all, Amin. Liyakatali Question: I'm writing in order to help one of my friends who is facing difficulties at university. My friend who we will refer to as "Ali" wishes to perform Mutah with a girl who he has known for a long period of time. However he is unsure as to whose consent is required for the marriage to be in order. Both parties are aware that if the girl's father of paternal grandfather is asked their consent, it would not be granted and the girl would suffer greatly at the hands of her parents who no doubt would send her away and would do everything possible to make sure she and Ali never get together. Therefore under such circumstances would it be permissible to go ahead with the Mutah without any of the parents knowing. Once again, if any of her parents were asked her life could be totally ruined. Ali does the taqleed of Ayatollah Seestani.. Answer: Bismihi Ta'alaa According to Ayatullah Seestani, it is very important that even though a girl may have reached an age of maturity where she is almost totally independent, she still has to seek the permission of her father or her paternal grandfather before she marries. However, there are certain instances in which she can proceed to marry without their permission. The instances listed down are: i) If she is not a virgin ii) If she is a virgin, but her father and paternal grandfather refuse to grant her permission to marry a man who is compatible to her in the eyes of Shariah and custom. iii) If the father and grandfather are not in any way willing to participate in the marriage. iv) If they are not in a capacity to give their consent like in the case of mental illness. v) If it is not possible to obtain their permission because of their absence, or such other reasons, and the woman is eager to get married urgently. By clause (v), the urgency in my opinion refers to the dangers the girl may feel she is exposing herself to and the potentials of her performing a haraam act. If such is the case, then there is no need to take permission from the father or the paternal grandfather. Wallahu A'alam Mustafa Jaffer