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Temporary marriage (mut`a)

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GF Haddad

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Jul 13, 1999, 3:00:00 AM7/13/99
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Salam alaykum:

A Shi`i brother wrote me from the US with the protest that it was the
Commander of the Believers `Umar ibn al-Khattab - Allah -be well-pleased
with him - who banned mut`a or temporary marriage.

This is half-true. He banned it only after the Prophet - Allah bless and
greet him - as did other of the major Companions such as `Ali ibn Abi
Talib himself - Allah be well pleased with him. The proof is in the
following narrations:

`Ali said to Ibn `Abbas: "Allah's Messenger forbade temporary marriage and
the consumption of the meat of the domestic asses." The timing of this
narration is placed by many versions at the time of the campaign of
Khaybar (year 7), and by more versions at the time of the conquest of
Mecca (year 8). Both are narrated from `Ali and from the Companion Sabura
in Bukhari, Muslim, the Sunan, the Musnads, and the Muwatta'. Some of
these authentic narrations state that the Prophet - Allah bless and greet
him - said: "It [nikah] is prohibited until the Day of Judgment."

The above narration abrogates the narration of Ibn Mas`ud permitting
mut`a. The proof to this was adduced by Imam Ahmad, that Ibn Mas`ud said
the words: "when we were young men" (shabab) whereas at the time of
Khaybar his age was over forty. This was mentioned by al-Bayhaqi in
Ma`rifa al-Sunan wa al-Athar (10:175-176 #14098).

The ruling that mut`a is absolutely and unconditionally prohibited upon
all until the Day of Judgment is the unanimous position of the Sunni
scholars. They consider, in the light of the Prophet's prohibition, that
the practice of mut`a consists in a form of fornication (zina), and Allah
knows best.

Our Shi`a brethren want us to read their scholars' explanations of Khadir
Khumm and other hadiths, but when it comes to the authentic, numerous
Prophetic hadiths that demand of the Umma praise and high respect of Abu
Bakr and `Umar, the pens become envenomed and the speeches sour... Surely
the true Ahl al-Bayt have nobler breasts than to straiten up in avarice at
the two Shaykhs of Islam (as `Ali called them - Allah be well-pleased with
all of them). And how could we possibly lend an ear to those who pick and
choose one part of the Sunna and reject another?

This said, even if it were `Umar alone that prohibited mut`a we would
still have to follow his ruling just as we follow it in the matter of
praying tarawih in congregation. The Prophet - Allah bless and greet him -
clearly said in his mass-narrated hadith, to "follow his Sunna and that of
his rightly-guided Companions after him." Therefore peace to all who
follow guidance, and there is no enmity except against tyrants and
wrong-doers.

--

GF Haddad
Qas...@cyberia.net.lb


nasiru...@geocities.com

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Jul 15, 1999, 3:00:00 AM7/15/99
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In article <7mhae8$7ck$1...@waltz.rahul.net>,
"GF Haddad" <Qas...@cyberia.net.lb> wrote:
> Salam alaykum:

> This said, even if it were `Umar alone that prohibited mut`a we would
> still have to follow his ruling just as we follow it in the matter of
> praying tarawih in congregation. The Prophet - Allah bless and greet
him -
> clearly said in his mass-narrated hadith, to "follow his Sunna and
that of
> his rightly-guided Companions after him." Therefore peace to all who
> follow guidance, and there is no enmity except against tyrants and
> wrong-doers.

'alaykum salaam,

you are kidding right?

The companions have no right to make something that Allah and His
Messenger made Haram into a halaal or visa versa.

It is upon the companions and all muslims to submit to What Allah and
His Messenger decide. It is NOT upon Allah and His Messenger to submit
to what the companions decide.

033.036
It is not fitting for a Believer, man or woman, when a matter has been
decided by Allah and His Messenger to have any option about their
decision: if any one disobeys Allah and His Messenger, he is indeed on
a clearly wrong Path.

You really owe it to your self to read

Questions on Jurisprudence
(Masa'il Fiqhiyya)

By al-Imam 'Abd al-Husayn Sharaf al-Din al-Musawi

http://www.al-islam.org/masail/

chapter Four.

May Allah forgive and guide you.
salaam

Sent via Deja.com http://www.deja.com/
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Rahim Choudhary

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Jul 15, 1999, 3:00:00 AM7/15/99
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Salam brothers and sisters:

This is a sensitive topic. Brother GFHADDAD seems to have nicely
portrayed the position of Sunni Muslims. Alhamdolillah that in this
matter there seem to be no divisions in various Sunni Sects.

However the Shias differ from this position. It is a loss of commonality
and a source of friction among these two groups. The two groups are not
small by any standards, the smaller one (shia) containing enough members
to populate a midsize contry.

We often deceive ourselves into self complaissace by saying that Sunnis
believe this and Shia's believe that. It is a statement of fact. However
the practice has no risk mitigation whatsoever included in it. In fact
many Ulema make these and other differences as flagposts for their
"school of (lack-of)thought" :-)

What we need is a civilized approach in dealing with differences. A weel
thought approach that allows the Muslims to take common stances that
they mutually support with respect to the issues and opportunities of
today's world.

Now couple of comments on Mutaa:

1. Since Umar had to forbid Mutaa, it seems tthe Mutaa was practiced
till that time. These people were obviously majority the Companions of
the Prophet. If so we need a serious analysis of why the Sahaba of
Mohammad continued the practice despite the "Clear Hadith" that Sunnis
find so absolutely definite.

2. I find Sunni position more to my style. But that is personal. I am
disturbed that the Prophet allowed Mutaa at all in his lifetime. But
that again is personal.


nasiru...@geocities.com

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Jul 15, 1999, 3:00:00 AM7/15/99
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In article <7mlck3$lca$1...@waltz.rahul.net>,
Rahim Choudhary <a...@lucent.com> wrote:
> Salam brothers and sisters:

> 2. I find Sunni position more to my style. But that is personal. I am
> disturbed that the Prophet allowed Mutaa at all in his lifetime. But
> that again is personal.
>
>

salaam,

033.036
It is not fitting for a Believer, man or woman, when a matter has been
decided by Allah and His Messenger to have any option about their
decision: if any one disobeys Allah and His Messenger, he is indeed on
a clearly wrong Path.

You should not be disturbed about anything that the Prophet allowed or
prohibited. Your "style" should conform to the style of the Prophet
(sawa) and frankly you should not have any "personal" inclinations or
opinions regarding the Deen at all.

Rather than saying "I am disturbed that the Prophet allowed Mutaa at
all in his lifetime" you should say "I would like to understand why the
Prophet allowed Mutaa".

There are a lot of misconceptions about Fixed-Term Marriage and people
are enemies of what they are ignorant of (saying of Ali (as)).

I suggest you read the excellent online book of Ayatullah Mutahhari
available at:

http://www.al-islam.org/WomanRights/index.html

especially the second to last chapter about Fixed-Term marriage:

http://www.al-islam.org/WomanRights/10.htm

GF Haddad

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Jul 16, 1999, 3:00:00 AM7/16/99
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Salam alaykum, I had written in message <7mhae8$7ck$1...@waltz.rahul.net>...

>Some of
>these authentic narrations state that the Prophet - Allah bless and greet
>him - said: "It [nikah] is prohibited until the Day of Judgment."


I meant to write:

Some of
these authentic narrations state that the Prophet - Allah bless and greet
him - said: "It [nikah al-mut`a] is prohibited until the Day of Judgment."

Astaghfirullah.

Marriage (nikah) is no light matter. The Prophet - peace upon him - termed
it "half the religion," and said that its rescinding is "the most
detestable to Allah of all permitted acts." He warned the profligate
(dhawwaqun) who practice repetitious divorce and marriage, as well as the
man who marries with divorce in view, that they shall never experience
even the smell of Paradise. There is absolutely no common ground between
those given to those practices today, and the Companions who were
temporarily permitted mut`a by a special dispensation of the Prophet -
Allah bless and greet him.

--

GF Haddad
Qas...@cyberia.net.lb


Brother Joe

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Jul 16, 1999, 3:00:00 AM7/16/99
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Assalamu alykum brother Rahim,

> 2. I find Sunni position more to my style. But that is personal. I am
> disturbed that the Prophet allowed Mutaa at all in his lifetime. But
> that again is personal.

First I give a Quranic viewpoint about mutaa (temporary marriage). Then
we will see, Gw, what are God's laws concerning marriage and divorce in
Quran.

I do not think that Prophet had ever allowed Mutaa (temporary marriage).
In terms of Deen, he was not a lawgiver. God Alone allows and forbids
for his Deen. The Prophet was but following God's commands. God's laws
for us Muslims concerning our Deen are stated and detailed in His
revealed book, Quran. Muhammad was a judge among the believers of his
times. As a judge, he was applying God's laws in Quran. Believers, as
submitters to God, should accept a Quranic judgment.

5:48, "And We have revealed to you the Book with the truth,
authenticating <musaddiqan> what is before it of the Book and a
guardian/overruling/prevailing <muhayminan> over it, therefore judge
between them by what God has revealed, and do not follow their low
desires (to turn away) from the truth that has come to you…"

5:49, "And that you should judge between them by what God has revealed,
and do not follow their low desires, and be cautious of them, lest they
seduce you from part of what God has revealed to you; but if they turn
back, then know that God desires to afflict them on account of some of
their faults; and most surely many of the people are transgressors."

5:50, "Is it then the judgment of (the times of) ignorance that they
desire? And who is better than God to judge for a people who are sure?

There is no mistake here that Muhammad was commanded by the Almighty God
to judge among believers from the revealed to him book, Quran.

33:36, "And it behaves not a believing man and a believing woman that
they should have any choice in their matter when God and His Messenger
have issued a command; and whoever disobeys God and His Messenger, he
surely strays off a manifest straying."

God is the ultimate authority here. Therefore, any command that goes
with Quran's spirit should been followed. This is corroborated with
60:12 when God states that obeying the Prophet, while he was alive, is
mandatory as long as he commanded to do <maaruf>.

60:12, "O you Prophet, when believing women come to you giving you a
pledge that they will not commit shirk with God, and will not steal, and
will not commit zina (sexual relations outside wedlock), and will not
kill their children, and will not bring a calumny which they have forged
of themselves, and will not disobey you in what is righteous <maaruf>,
accept their pledge, and ask forgiveness for them from God; surely God
is Forgiving, Merciful."

Mutaa or temporary marriage is not allowed at all in God's book, Quran.
Marriage is a very serious matter in our Deen that should not be abused
by such things. I do not think that Muhammad or any of the righteous
believers after him had ever allowed such thing. Those are but lies
attributed to Muhammad and righteous believers. Even if one of them had
allowed so, which is highly improbable, we are not bound at all to
follow such things that go clearly against God's commands and laws in
His book, Quran.

2:141, "This is a community <umma> that have passed away; they shall
have what they earned and you shall have what you earn, and you shall
not be called upon to answer for what they did."

Marriage is a very sacred bound between a husband and a wife in our
Deen. It should be taken seriously and played around it or with it with
mutaa (temporary marriage).

30:21, "And one of His signs is that He created spouses for you from
yourselves that you may find rest in them, and He put between you
affection and mercy; most surely there are signs in this for people who
reflect."

Marriage institution was and is, unfortunately, abused by Muslims. Let's
first read together the following ayat dealing with marriage and divorce
in Quran. Then let's see how unfortunately we, Muslims, abused and are
still abusing such sacred institution in our Deen.

33:49, "O you who believe, when you marry the believing women, then
divorce them before having intercourse with them, you have in their case
no waiting interim which they should reckon (before marrying another
man); so make some provision for them and send them forth a goodly
sending forth."

Were and are Muslims applying such command? Some did and some did not.
Some do and some do not.

2:226, "Those who intend to estrange their wives should wait four
months; so if they go back, then God is surely Forgiving, Merciful."

Were and are Muslims applying such command? Some did and some did not.
Some do and some do not.

2:227, "And if they have resolved on a divorce, then God is surely
Hearing, Knowing. "

2:228, "And the divorced women should keep themselves in waiting for
three courses (before marrying another man); and it is not lawful for
them that they should conceal what God has created in their wombs, if
they believe in God and the last day; and their husbands have a better
right to take them back in the meanwhile if they wish for
reconciliation; and they have rights similar to those against them in a
just manner, and the men's wishes prevail (in case of pregnancy), and
God is Mighty, Wise."

2:229, "Divorce may be (retracted) twice. The divorced woman shall be
allowed to live in the same home amicably, or leave it amicably. It is
not lawful for you to take any part of what you have given them, unless
both fear that they cannot keep within God's law; then if you fear that
they cannot keep within God's law, there is no blame on them for what
she gives up for her freedom thereby. These are God's laws, so do not
exceed them and whoever transgress God's laws are the unjust."

Do we apply the above aya that states clearly that it is unlawful to
throw a divorced wife into the street? Indeed, housing and alimony are
among her rights. Read 2:241 coming later on.

2;230, "So if he divorces her (for the third time) she shall not be
lawful to him afterwards until she marries another husband; then if he
divorces her there is no blame on them both if they return to each other
(by marriage), if they think that they can keep within God's law, and
these are God's laws which He makes clear for a people who know."

These God's laws were and are very abused by us Muslims. For some, it
suffices for him that he says to his wife, "You are divorced" three
times and they will not be allowed to get married again. This is wrong.
Divorcing is not saying a few words. Divorce in Quran is a process
through time. Both of them should go through this process twice before
the command for the third divorce in 2:230 should be applied.

2;231, "And when you divorce women and they reach their prescribed time
(three menstruations), then either allow them to live in the same home
amicably or let them go amicably, and do not force them to stay as a
revenge. Anyone who does this wrongs his own soul. Do not take God's
revelations for a mockery, and remember the favor of God upon you, and
that which He has revealed to you of the Book and the Wisdom,
admonishing you thereby. You shall observe God, and know that God is the
Knower of all things."

How many of us Muslims apply the above aya? How many Muslim men among us
would keep their divorced wives by force at home in fear that they will
leave and go marry other men?

2:232, "And when you have divorced women and they fulfill their interim,
then do not prevent them from remarrying their husbands when they agree
among themselves in a lawful manner. With this is admonished he among
you who believes in God and the last day, this is more profitable and
purer for you; and God knows while you do not know."

2:233, "And the mothers shall nurse their children for two whole years
if he (the father) so wishes; The maintenance (of the mothers) and their
clothing must be borne by the father according to usage. No soul shall
have imposed upon it a duty but to the extent of its capacity. Neither
shall a mother be made to suffer harm on account of her child, nor a
father on account of his child. A similar duty (devolves) on the
(father's) heir, but if both desire weaning by mutual consent and
counsel, there is no blame on them. If you wish to hire nursing mothers
for your children, there is no blame on you so long as you pay what you
promised for according to usage; and be careful of (your duty to) God
and know that God sees what you do."

Do we Muslims apply such commands stated above?

2:234, "And (as for) those of you who die and leave wives behind, they
should keep themselves in waiting for four months and ten days; then
when they have fully attained their term, there is no blame on you for
what they do for themselves in a lawful manner; and God is aware of what
you do."

2:235, "And there is no blame on you if declare your engagement to the
women, or keep it secret. God knows that you will think about them, but
do not meet them in secret unless you have something righteous to
discuss. Do not consummate the marriage until the writing is fulfilled.
Know that God knows your innermost thoughts, therefore beware of Him,
and know that God is Forgiving, Forbearing."

2:236, " There is no blame on you if you divorce women when you have not
touched them or appointed for them a portion. In that case make
provision for them, the wealthy according to his means and the
straitened in circumstances according to his means, a provision
according to usage; (this is) a duty on the doers of good (to others)."

2:237, "And if you divorce them before you have touched them and you
have appointed for them a portion, then (pay to them) half of what you
have appointed, unless they relinquish or he should relinquish in whose
hand is the marriage tie; and it is nearer to righteousness that you
should relinquish. Forget not kindness among yourselves. Surely God sees
what you do."

2:241, "And for the divorced women (too) provision (must be made)
according to usage; (this is) a duty on those who guard (against evil)."

Here you are more about this topic.

65:1, "O you Prophet, when you people divorce women, divorce them for
their interim, and calculate the number of the days prescribed, and be
careful of (your duty to) God, your Lord. Do not drive them out of their
houses, nor should they themselves go forth, unless they commit an open
indecency; and these are God's laws, and whoever transgresses God's
laws, he indeed does injustice to his own soul. You never know; maybe
God wills something good to come out of this."

65:2, " So when they have fulfilled their interim, then retain them with
kindness or go through separation with kindness. You shall call to
witness two equitable witnesses from among you, and give upright
testimony for God. With that is admonished he who believes in God and
the Last Day; and whoever is careful of (his duty to) God, He will make
for him an outlet."

When a Muslim sends his wife a letter containing her divorce, does he
apply the above aya? According to this aya, divorce should be contracted
in the presence of both husband and wife and two witnesses.

65:3, "And will give him sustenance from whence he thinks not; and
whoever trusts in God, He is sufficient for him; surely God attains His
purpose; God indeed has appointed a measure for everything."

65:4, "And (as for) those of your women who have despaired of
menstruation, if you have a doubt, their interim shall be three months.
As for who have dot not menstruate; and discover that they are pregnant,
their interim ends upon giving birth. Anyone who is careful of (his duty
to) God He will make easy for him his affair."

65:5, "That is the command of God which He has revealed to you, and
whoever is careful of (his duty to) God, He will remove from him his
evil and give him a big reward."

Do we Muslims hear the above commands and apply them or do we transgress
them?

65:6, "Lodge them where you lodge according to your means, and do not
make life so miserable for them that they leave on their own. If they
are pregnant, spend on them until they give birth. If they nurse the
infant for you, you shall pay them for this service. You shall maintain
the amicable relations among you. If you disagree, another (woman) shall
nurse for him."

65:7, "Let him who has abundance spend out of his abundance and whoever
has his means of subsistence straitened to him, let him spend out of
that which God has given him; God does not lay on any soul a burden
except to the extent to which He has granted it; God brings about ease
after difficulty."

In conclusion, the above ayat show clearly what are God's laws in Quran
concerning marriage and divorce. Mutaa for instance has no basis
whatsoever in Quran. It is time for us Muslims to stop our disobeying
God's commands. It is time for us to return to God's revealed book,
Quran, and apply His commands within it concerning marriage and divorce.

"…My Lord, increase my knowledge." 20:114


Peace, Joe.

Rahim Choudhary

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Jul 17, 1999, 3:00:00 AM7/17/99
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Salam Brothers and Sisters

I read brother nasirulmahdi's responses. Contrary to my personal views on this
matter (which I have expressed) I do not find Brother GFHaddad convincing on
this matter.

The following statement:

> There is absolutely no common ground between
> those given to those practices today, and the Companions who were
> temporarily permitted mut`a by a special dispensation of the Prophet

It seems to portray a degree of arbitrariness in the attitude of the Prophet
(S).

He allowed the companions the temporary marriage. TThen he disallowed it. Then
he changed his mind and allowed again. I do not know how many times this flipp
flop occured but it is clear from Hadith that it occurred at least once.

Unlike other topics, Quran seems not to go along with these flip flops.

In view of these facts I am forced to conclude:

Either the Prophet (S) showed an attitude with arbitrariness and double
standards between his companions and those who will follow later.

OR

That tjhe Prophet (S) was responding to the space-time realities on the ground
that were changing pretty fast.

I refuse to take the first view because I do not expect it from a Prophet. The
second view seems to be the view of the Shias.

Now I am not a Shia (a am not a Sunni either: I am just Mussalman). However this
topic clearly offers me little choice betwen the two situations. Is there a
third situation that I might have missed?

I am also perturbed by the fact that the temporary marriage continued into the
Caliphate of Umar. The Prophet sure left this issue pretty unsettled to leave
this uncertainty for his ASHAB. I am pretty sure that the ASHAB of the Prophet
were not transgressing in continueing the practice of temporary marriage.

However the temporary marriage makes no better sense than the free style Euro
American Living-Together without marriage.

Hedayah

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Jul 19, 1999, 3:00:00 AM7/19/99
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As Salaamu Alaikum.

Temporary Marriage & Its Illegitimacy in Islam


Of the basics and foundations on which Islam was built was the gradual
implementation of injunctions so that people can be prepared to apply these
without shock or surprise. In this manner, the impact of the injunctions is
less strenuous. This gradualism requires the permissibility of some actions as
a temporary measure to deal with situations and circumstances. Then these
permissions end as the purpose which they aim to serve is no longer a
necessity. Then when the law of Allah was fully revealed, this law remained
applicable until the Day of Judgement.

Our divine law was completed with the words of the Most High: "Today I have
perfected for you your religion, and completed upon you my favour, and accepted
for you Islam as a way of life." [5:4]. After the revelation of this noble
verse, there was no longer any change or exchange. This gradualism in
implementation has included many religious laws such as the law relating to
alcohol, and the law relating to inheritance and others.

In this short precis, we are focusing on temporary marriage and what is linked
to it of practical wisdoms which have been missed on many amongst the common
people, to an extent that it facilitated the spread of many false claims about
the law of Allah Most High lying about his Messenger (s.a.w.), and hatred to
his righteous companions (r.a.a.).

What is temporary marriage?

It is a temporary marriage upon agreement of the two parties. This temporary
marriage was a custom amongst eastern countries, as it was also practised by
some men at the dawn of Islam on their missions / trips.

Abdullah Ibn 'Abbas (r.a.a.) said: "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." Ibn 'Abbas explained that any
relationship beyond this is forbidden. [narrated by Tirmizy]

As temporary marriage was a custom amongst Arabs in the days of ignorance, it
would not have been wise to forbid it except gradually, as is the manner of
Islam in removing pre-Islamic customs which were contrary to the interests of
people.

It is well established that temporary marriage does not agree with the
interests of people because it causes loss to the offspring, uses women for
fulfilment of the lusts of men, and belittles the value of a woman whom Allah
has honoured. So temporary marriage was forbidden.

The evidence of its illegality:

We will show - God willing - some of the countless evidences in order to wipe
out some of the maligning accusations which the misguided repeat against Umar
Ibnul Khattab (r.a.a.). These people falsely claim that he was the person who
forbade it when he was Caliph. Their motive for this false claim was but their
blind spite for the companions of the Messenger (s.a.w.) who had succoured him,
supported him, and assisted him.

Allah Most High says: "So whatever you enjoy from them, give them their
recompense, this is an obligation." [4:24]. This is the verse relied on by
those who support temporary marriage. They rely on it either in ignorance or in
order to fool others, giving a superficial meaning to the verse without
referring to the interpretation of it, and without availing the correct
interpretation to the general public. The following is the interpretation of
it:

Imam Qurtuby says in his commentary on this verse, the payment in the context
is the dowry, it has been called recompense because it is a fee for the
enjoyment. This is a support for dowry being a recompense. Alhasan, Mujahid,
and others said: The meaning relates to what you have 'enjoy'ed through your
union with women in proper marriage, so "give them their recompense" that is,
their dowries. Ibn Khuwayz Mindad said: There is no support and it is not
permissible to use the verse as a permission for temporary marriage as the
Messenger of Allah (s.a.w.) has warned against and has forbidden temporary
marriage as Allah Most High said: "So marry them with the permission of their
families." It is natural for the marriage to take place with the permission of
the parents, this is a proper marriage which has a trustee and two witnesses,
temporary marriage is not like that. 'A`isha said: "It has been forbidden in
the Qur'an in the words of the Most High: "And those who preserve their private
parts except with their spouses or what their right hands posses, then they
would have no blame." [23:5]. Temporary marriage is not regarded as a proper
marriage, and the spouse does not fall into the category of what the right hand
possesses.

Ibn Katheer says in his commentary on this verse: as you enjoy them, give them
their dowries as the Most High said: "give women their money as a gift" [4:4].
He has interpreted the generality of this verse to include temporary marriage
saying: There is no doubt that it was permitted at the dawn of Islam, and
became forbidden afterwards.

Ibn Jawzy says in regards to this verse: some commentators have said: what is
meant by this verse is the temporary marriage, and then it was superseded with
what has been reported from the Prophet (s.a.w.) when he forbade temporary
marriage. This interpretation has no basis. The Prophet (s.a.w.) permitted it
then forbade it with his own words, so his later prohibition supersedes the
permissibility. As for the verse, it does not touch on temporary marriage. It
only relates to enjoyment through proper marriage."

There is a plethora of statements of the Messenger (s.a.w.) which forbid
temporary marriage, some of the Hadith include:

According to Sabra Bin Ma'had AlJuhany who said: I was with my cousin when we
passed by a woman who liked my youth and a robe which my companion had. So she
offered temporary marriage with the robe as the dowry. I married her and spent
the night with her. In the next morning, I went to the mosque and heard the
Messenger of Allah (s.a.w.) saying: 'O people, I had permitted you temporary
marriage before, whoever of you has any part in it currently must part with
her, and do not take back anything which you may have given them, as Allah
Exalted and Majestic has forbidden it until the day of resurrection.' "
[narrated by Muslim, Abu Dawood, Ibn Majah, Nasa`i, and Darimi]

Ali Bin Abi Taleb (r.a.a.) said that the Messenger of Allah (s.a.w.) had
forbidden temporary marriage on the day of Khaybar and had forbidden the eating
of the meat of domestic camels. [narrated by bukhary, Muslim, Tirmizy, Ibn
Majah, Nasa`i, Tahawy, Shafi'i, Bayhaqy, and Hazimy]

According to Sufyan Althawry according to Isma'il Bin Umayya according to
Alzahry according to Alhassan Bin Mohammad according to Ali (r.a.a.) who said
to a man: "You are a straying person, the Messenger of Allah (s.a.w.) has
forbidden temporary marriage and the meat of domestic camels on the day of
Khaybar." [Narrated by Muslim and Bayhaqy]

According to Misdad Bin Masarhad according to 'AbdulWareth according to Isma'il
Bin Ummaya according to Alzahry who said: "We were with 'Umar Bin 'Abdul'Aziz
and we recalled temporary marriage, a man called Rabee' Bin Sabra said to him:
'I testify that according to my father that it happened that the Messenger of
Allah (s.a.w.) had forbidden it on the farewell pilgrimage.' " [narrated by Abu
Dawood and Imam Ahmad]

According to Abu Huraira (r.a.a.), the Messenger of Allah (s.a.w.) had
forbidden or abolished temporary marriage, its marriage and its divorce, its
waiting period, and its inheritance. [narrated by DarQutny, Ishaq Bin Rahwiya,
and Ibn Habban]

Abu Bakr Bin Hafs reported according to Ibn 'Umar who said: "When Ali was given
the Caliphate, he thanked Allah Most High and praised Him and said: 'O people,
the Messenger of Allah (s.a.w.) had permitted temporary marriage three times
then forbade it. I swear by Allah, ready to fulfil my oath, that if I find any
person who engages in temporary marriage without having ratified this with a
proper marriage, I will have him lashed 100 stripes unless he can bring two
witnesses to prove that the Messenger (s.a.w.) had permitted it after
forbidding it.' " [Ibn Majah]

Imam Muslim has narrated that according to Mohammad Bin 'Abdullah Bin Numayr
who said: "My father had narrated to us according to 'Ubaidullah according to
Ibn shahab according to Alhassan and 'Abdullah the sons of Mohammad Bin 'Ali
according to their father according to 'Ali (r.a.a.) that he heard Ibn 'Abbas
(r.a.a.) being lenient towards temporary marriage, so he said, 'wait Ibn
'Abbas, the Messenger of Allah (s.a.w.) had forbidden it on the day of Khaybar
when he also prohibited the meat of domestic camels.' "

This evidences illustrates the correctness of the consensus about its
prohibition. Particularly as 'Umar Ibnul Khattab (r.a.a.) had mentioned its
prohibition from the pulpit and stated its punishment, and reminded the
congregation that the Messenger of Allah (s.a.w.) had prohibited it and
strongly admonished against it, this was at the presence of both the migrants
and the supporters, and none disputed it with him or differed with him, knowing
well their care and attention to make sure that the truth is always revealed,
and any error is corrected as they had done with respect to other issues.
Furthermore, the prohibition has been reported according to a number of
companions other than 'Umar.

Its prohibition has been reported according to 'Ali Bin Abi Taleb, 'Abdullah
Bin 'Umar, 'Abdullah Bin Mas'ud, 'Abdullah Bin Alzubayr, 'Abdullah Bin 'Abbas
who when reminded of its prohibition also supported the prohibition when he
understood the references of the others. This is also the understanding of the
followers, the scholars, and all the Imams. They were all unanimous on this
issue.

To cap the research, below are the opinions of the four Imams; these will leave
no excuse for any.

Hanafi Mazhab: stated in Fathul Qadir that the temporary marriage is void, and
defined this marriage as a man saying to a woman I will enjoy you so many times
for a certain sum of money. He also said in AlHashia after dealing with the two
different types of temporary marriage, that it is a contract with a woman which
is formed with the intention of not providing security or fosterage for a
child, instead it is for a fixed period, and the marriage ends with this
period, or a non fixed period based on the person's stay with the wife until he
decides to leave, and then the contract is ended.

Shafi'i Mazhab: temporary marriage is a marriage for a period, so if it was
requested of a guardian to marry his ward for a month, this would be a void
marriage.

Maliki Mazhab: temporary marriage is one for a term, as if saying to the
guardian allow me to marry your ward for a month for such a fee, if they agree,
the marriage would be void and both spouses would be liable to a penalty. This
marriage is ended without a divorce, regardless of whether it is before
consummation or after.

Hanbali Mazhab: Temporary marriage is a marriage for a term whether fixed or
not, there is no difference whether it is labelled as a marriage or not, where
the man says to the woman allow me to enjoy you, she says I give you myself for
enjoyment, without a guardian or two witnesses. The temporary marriage raises
two issues. One for a fixed term having a guardian and two witnesses, or one
called enjoyment not having a guardian or witnesses. In both cases it is void.

After the opinions of the four Mazahib, we report the opinions of scholars from
other Mazahib below.

Ibn Hazm said, "temporary marriage is not permitted; this is a fixed marriage
which was permitted at the time of the Messenger (s.a.w.), then Allah
superseded it through His Messenger (s.a.w.) until the day of resurrection."

Imam Shawkany: "We worship in accordance with what we learnt from the Messenger
(s.a.w.), and we have ascertained the authenticity of his eternal prohibition
of temporary marriage. The fact that some companions were not aware of this
does not negate the large number of companions who were aware and who have
acted upon the prohibition and proclaimed it."

Qady 'Ayyad said: "The scholars reached consensus that temporary marriage was a
marriage for a term with no inheritance, its separation at the expiry of the
term without dispute, the consensus after this was that it was prohibited
according to all the scholars with the exception of the rejectors. Ibn 'Abbas
allowed it until he became aware of the prohibition and then forbade it and
said: "If temporary marriage takes place now, it is void regardless of whether
it had been consummated or not."

Imam Nawawy said: "The truth of the matter is that it was permitted and
prohibited on two occasions. It was permitted before Khaybar, then prohibited,
then permitted on the day of liberation, the day of Awtas, then prohibited
forever after three days of the event."

Imam Bayhaqi said: "Imam Ja'far Bin Mohammad was asked about temporary
marriage, he said: 'It is adultery.' "

Before we close this research, we refer to the words of Imam Alfakhr AlRazy in
response to those who claim that 'Umar added the prohibition of temporary
marriage himself. So they declared him as an apostate and attributed apostasy
to all who did not stop him: "all this is erroneous. All that is left to say is
that temporary marriage was permitted during the time of the Messenger
(s.a.w.), and I prohibit it with what has been authenticated with me that the
Messenger of Allah (s.a.w.) prohibited it."

In this manner we see the manner in which Islam treated the issue of temporary
marriage and how it became prohibited forever until the day of resurrection as
has reached us through the true Ahadith. There is no doubt that contemplation
in this brief message will find in it convincing proof that temporary marriage
is prohibited for those who believe in Allah and are free from blind loyalty.
We supplicate Allah Most High to make us of those who listen to the words and
follow the best standard therein.

By Brother: Abu Ruquayyaa


Message has been deleted

nasiru...@geocities.com

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Jul 19, 1999, 3:00:00 AM7/19/99
to
salaam,

found that hadeeth of mut'ah in Bukhari:

Volume 6, Book 60, Number 43:
Narrated 'Imran bin Husain:

The Verse of Hajj-at-Tamatu was revealed in Allah's Book, so we
performed it with Allah's Apostle, and nothing was revealed in Qur'an
to make it illegal, nor did the Prophet prohibit it till he died. But
the man (who regarded it illegal) just expressed what his own mind
suggested.
http://www.usc.edu/dept/MSA/fundamentals/hadithsunnah/bukhari/060.sbt.ht
ml#006.060.043

The translator puts in the word "Hajj" when in the original Arabic text
the word is not there. Below is the arabic text:

http://www.geocities.com/CapeCanaveral/Launchpad/2291/muta1.jpg

It is well known that it was 'Umar that prohibited the two mut'as
during his rulership though they were practiced during the Prophet's
time (sawa) and during the rule of Abu Bakr:

Proof for that is in the Musnad of Ahmad:

http://www.geocities.com/CapeCanaveral/Launchpad/2291/muta2.jpg

http://www.geocities.com/CapeCanaveral/Launchpad/2291/muta3.jpg

salaam,

nasiru...@geocities.com

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Jul 19, 1999, 3:00:00 AM7/19/99
to
In article <7moslv$176$1...@waltz.rahul.net>,
Brother Joe <jo...@my-deja.com> wrote:> Mutaa or temporary marriage

is not allowed at all in God's book, Quran.
> Marriage is a very serious matter...

Proof from the book on its legislation
It is sufficient for us to cite proof for its legislation the saying of
the Almighty in chapter four: "And what you enjoy from them then give
them their prescribed dowries (4:24)."

If you want to read the full essay please see:

http://al-islam.org/masail/

The word istamta'tum in 4:25 is a form 10 derivative of the root mata'a
meaning "You sought Mut'ah".

salaam,

Muslim

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Jul 19, 1999, 3:00:00 AM7/19/99
to
Rahim Choudhary wrote in message <7mr4vr$7rd$1...@waltz.rahul.net>...

>
>It seems to portray a degree of arbitrariness in the attitude of the
Prophet
>(S).
>He allowed the companions the temporary marriage. TThen he disallowed it.
Then
>he changed his mind and allowed again. I do not know how many times this
flipp
>flop occured but it is clear from Hadith that it occurred at least once.


It is a historical fact that, in the early years of Islam, Rasulollah(SAW)
had
witnessed people who consumed alcohol and become intoxicated. Although
he(SAW) did not partake in such activities, he did not order these early
Muslims to give intoxicants. Should we consider his quite as a sign of his
approval of such practices?! Obviously, not!

In fact, Rasulollah(SAW) did not prohibit anything to others, unless
he(SAW) received revelation specifically instructing him to do so. Thus,
every practice in place during the pre-Islamic era of Arabia was allowed
to continue, until it was clearly cancelled by revelation he had received.

When you read the hadeeth in Bukhari, it appears to me that you choose
to ignore the common link between all the reports: Rasulollah(SAW) did
prohibit Muta'h. I suggest that instead of allowing ourselves to become
affected by conjecture about various ahadeeth, we should concentrate
on the truth we deep down know to be true.

By the way, the simple explanation about the hadeeth, that you seem to
have overlooked, is that:

1. Rasulollah(SAW) allowed it, because it was the norm and he(SAW)
had not received any revelation prohibiting it;

2. He(SAW) received revelation and immediately prohibited it;

3. He(SAW) repeated this prohibition on other occasions. Please
remember that every day new people would have embraced
Islam and that these individuals were at different level of knowledge.
It is not strange for him(SAW) to have repeated the same order on
various occasions to Muslims who were not aware of this order
and might have thought of engaging in Muta'h;

4. Finally, according to Bukhari and others, Rasulollah(SAW) used to
take one of his wives with him on his trips/expeditions. If Muta'h had
been kept legal, why would he do so?

5. Finally, Muta'h is against the laws of Quran about marriage, divorce,
inheritance, waiting period, etc.

May we all be given the strength to resist temptation and admit to what
is clearly the Truth.

Muslim

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Jul 20, 1999, 3:00:00 AM7/20/99
to
Behnam Sadeghi wrote in message <7mvo6n$rms$1...@shell3.ba.best.com>...
>

>So, the debate over "mut'a" is largely academic, considering that
>temporary unions could be achieved through other lawful means as well.


Firstly, we need to realize that what is possible is not necessarily liked
or free from sin. For instance, a man, who marries a virgin with the
intention of divorcing her the next day, will have performed a legal
marriage, but will still be in sin...

I also like to reiterate the problem with Muta'h is more than in its
temporary nature. A more serious problem is that it does away
with the application of some of the Laws, for instance those
regarding inheritance and waiting period.


Osman Ullah

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Jul 20, 1999, 3:00:00 AM7/20/99
to
This is truly disturbing...what makes Mut'A different from contracted
prostitution? I do not mean to argue against it, for I do not know
anything on this subject, but it seems no different. Can anyone
clarify this for me?

Salaam,

Osman

On 19 Jul 1999 10:46:48 -0700, nasiru...@geocities.com has been

rj...@iname.com

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Jul 20, 1999, 3:00:00 AM7/20/99
to
salaam,

have been trying to reinvent the wheel!

please see:

http://www.al-islam.org/encyclopedia/chapter6a/

below is an extract from the end of Part II...

Another companion who opposed this innovation of Umar, was his own son!! His
name was Abdullah Ibn Umar. He was in favor of both Mut'a of Hajj and Mut'a of
women. I give two traditions expressing each Mut'a. It is narrated in Sahih
al-Tirmidhi that:

"some one asked Abdullah Ibn Umar about Mut'a (of Hajj), he said: It is
permitted (Halaal). So he was asked: your father forbade it. He said: Do you
think that my father can forbid what the Prophet did? Should I follow what my
father said, or should I follow what the Prophet ordered? The man said: Of
course the orders of the Prophet (PBUH&HF)."
Sunni references:

Sahih al-Tirmidhi, v1, p157
Tafsir al-Qurtubi, v2, p365, reported from al-Darqunti
Another report in the above source:

"When a man from Syria asked Abdullah Ibn Umar about the Mut'a of women, he
said it is Halaal. The man said: Your father had made it forbidden! Ibn Umar
said: Do you think that if my father was forbidding it and the Messenger of
Allah used to (allow) its practice, then you should leave the Sunnah and
follow what my father said?"
Sunni reference: Sahih al-Tirmidhi

What I provided here was just some traditions, out of many, available in the
six Sunni collections of Hadith in support of Mut'a. There are much more
available. In the next parts, Insha Allah, we shall briefly review the Sunni
History/Fiqh/Misc. books, and then we will study and analyze the few
traditions which allege that the Prophet banned Mut'a towards the end of his
life (end of quote)

Anyone who is interested in seeing the Arabic Text of the above please email
me and i will send it to you as .jpg file.

Saqib Virk

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Jul 20, 1999, 3:00:00 AM7/20/99
to
In article <7n2h4e$ia5$1...@waltz.rahul.net>,
oz...@cc.gatech.edu (Osman Ullah) wrote:

> This is truly disturbing...what makes Mut'A different from
> contracted prostitution? I do not mean to argue against it,
> for I do not know anything on this subject, but it seems no
> different. Can anyone clarify this for me?

SV
There is no difference. Mut'ah and prostitution are the same
thing. Paying someone for sex. To allow such a thing one must
overlook the many regulations in the Quran governing the
interaction of man and women.

--
Wasalaam,
Saqib Virk

FAli

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Jul 20, 1999, 3:00:00 AM7/20/99
to
Many people compare the prohibition of mutaa to that of alchohol, which the
prophet didnt condemn imeediately. But they forget two major differences:

1. The prophet finally, well before he died, prohibited alcohol, but not
muta
2. If this practice was so widespread why didnt the prophet do anything,
surely he knew more than we do


AltWay

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Jul 21, 1999, 3:00:00 AM7/21/99
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In article <7n3355$8a2$1...@waltz.rahul.net>, "FAli" <Fa...@intergate.bc.ca>
wrote:

surely he knew more than we do.

Comment :-

There is no mutaa in the Quran.
The Sunna cannot abrogate the Quran.
All Muslims follow or should follow the Quran.

H.S.Aziz

--
_ ___ _ _____________________________________________
|_| | | | | |_| \ / /
| | |_ | |/\| | | | /... Read "The Alternative Way" and "Views"
_______________________/ ... ...... on www.argonet.co.uk/education/haziz
______________________/ .............

rj...@iname.com

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Jul 21, 1999, 3:00:00 AM7/21/99
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salaam,

What makes Marriage itself different from contracted prostitution?

I remember we once had this debate in my sociology class.

The answer to the above also applies to Mut'ah Marriage except that in in
Mut'ah Marriage there is a Fixed-Term specified from the beginning.

In Mut'ah there is a dowery and a Fixed-Term.

There are obligations and rights.

After the term the woman must observe an iddah; if she becomes a widow she
must observe the longer iddah.

Children born from the marriage have full rights to inheritance.

Please visit the below link and read the second to last chapter to read more
about it.

http://www.al-islam.org/WomanRights/index.html

In Prostitution you have no Iddah, you have no obligations, you have no
rights. More importantly prostitution is a sin while Marriage/Mut'ah is not.

salaam,

Osman Ullah wrote:

> This is truly disturbing...what makes Mut'A different from contracted
> prostitution? I do not mean to argue against it, for I do not know
> anything on this subject, but it seems no different. Can anyone
> clarify this for me?
>

rj...@iname.com

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Jul 22, 1999, 3:00:00 AM7/22/99
to
salaam,

AltWay wrote:

> The Sunna cannot abrogate the Quran.
> All Muslims follow or should follow the Quran.

That is precisely what the Imami Shi'ites say! Your mistake though was that
you didn't realize that mut'ah IS in the Qur'an!

I don't know how good your Arabic is but look up verse 4:24 and it's
corresponding commentaries like Suyuti's "Durr al Manthoor" available for
free at http://www.muhaddith.com or for example Nisaaboori's "Asbaab al
Nuzool".

If you Arabic is not so good than visit:

http://www.al-islam.org/encyclopedia/chapter6a/1.html

You will find that all your homework has already been done for you.

rj...@iname.com

unread,
Jul 22, 1999, 3:00:00 AM7/22/99
to
smart answer. So the Prophet (sawa) allowed his companions to
participate in prostitution for some time in you opinion.
The Prophet (sawa) allowed his companions to 'overlook the many
regulations in the Quran governing the interaction of man and woman' for
some time...in your opinion.

017.036 And pursue not that of which thou hast no knowledge; for every
act of hearing, or of seeing or of (feeling in) the heart will be
enquired into (on the Day of Reckoning).

029.013 And most certainly they shall carry their own burdens, and other
burdens with their own burdens, and most certainly they shall be
questioned on the resurrection day as to what they forged.

016.025 Let them bear, on the Day of Judgment, their own burdens in
full, and also (something) of the burdens of those without knowledge,
whom they misled. Alas, how grievous the burdens they will bear!

good luck,

Saqib Virk wrote:

> SV
> There is no difference. Mut'ah and prostitution are the same
> thing. Paying someone for sex. To allow such a thing one must
> overlook the many regulations in the Quran governing the
> interaction of man and women.
>
> --
> Wasalaam,
> Saqib Virk
>

AltWay

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Jul 22, 1999, 3:00:00 AM7/22/99
to
In article <7n7kh3$se9$1...@waltz.rahul.net>, rj...@iname.com wrote:

Re:- The Sunna cannot abrogate the Quran. All Muslims follow or should


follow the Quran.

That is precisely what the Imami Shi'ites say! Your mistake though was
that you didn't realize that mut'ah IS in the Qur'an!

I don't know how good your Arabic is but look up verse 4:24

Comment :-

Are you speaking about :-

"Lawful unto you are all beyond those mentioned (i.e in verse 4:23), so that
ye seek them with your wealth in honest wedlock, not debauchery..." 4:24

I have 5 different translations of the Quran and this verse does not differ
in meaning between them.

Since all the ones mentioned in verse 23 are excluded, then we are left only
with those with whom marriage is allowed and even then it must be without
lust.

But no doubt there are people who are able to read anything into anything if
it suits them.

rj...@iname.com

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Jul 23, 1999, 3:00:00 AM7/23/99
to

AltWay wrote:

> Are you speaking about :-
>
> "Lawful unto you are all beyond those mentioned (i.e in verse 4:23), so that
> ye seek them with your wealth in honest wedlock, not debauchery..." 4:24
>
> I have 5 different translations of the Quran and this verse does not differ
> in meaning between them.
>
> Since all the ones mentioned in verse 23 are excluded, then we are left only
> with those with whom marriage is allowed and even then it must be without
> lust.
>
> But no doubt there are people who are able to read anything into anything if
> it suits them.

salaam,

I referred to the greatest of Qur'anic Commentators like Tabari, Fakhruddin Razi
and Suyuuti backed with Prophetic Traditions concerning the "Asbaab al Nuzool"
(Reasoning or Context of Revelation). What I said has nothing to do with
reading into something which suits me.

It seems that you have not even glanced at the link that I recommended. Why???
Please look at it. Here it is again:

http://www.al-islam.org/encyclopedia/chapter6a/1.html

The text in question is the 2ND part of 4:24 from "fa mastamta'tum bihinna fa
aatuuhunna ujoorahunna fareeDha"

[4:24]
YUSUFALI: Seeing that ye derive benefit from them, give them their dowers (at
least) as prescribed; but if, after a dower is prescribed, agree Mutually (to
vary it), there is no blame on you, and Allah is All-knowing, All-wise.
PICKTHAL: And those of whom ye seek content (by marrying them), give unto them
their portions as a duty. And there is no sin for you in what ye do by mutual
agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise.
SHAKIR: Then as to those whom you profit by, give them their dowries as
appointed; and there is no blame on you about what you mutually agree after what
is appointed; surely Allah is Knowing, Wise.


Muslim

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Jul 23, 1999, 3:00:00 AM7/23/99
to
rj...@iname.com wrote in message <7na96b$5a5$1...@waltz.rahul.net>...

>AltWay wrote:
>> "Lawful unto you are all beyond those mentioned (i.e in verse 4:23), so
that
>> ye seek them with your wealth in honest wedlock, not debauchery..." 4:24
>
>The text in question is the 2ND part of 4:24 from "fa mastamta'tum bihinna
fa
>aatuuhunna ujoorahunna fareeDha"

It is rather disheartening to see what limit people will resort to try to
support
an idea that is rejected by many teachings of Quran, authentic ahadeeth
and even common sense. None of us would like our mothers, sisters, or
daughters to engage in Muta'h, but some would have us believe that it is
perfectly acceptable to engage in it with the mothers, sisters or daughters
of other people, be they Muslim or not!

Comments:
=========
1. Why don't we read the very next verse, 4:25:

"So marry them with the permission of their families and give them
their dowers according to what is reasonable."

Does anyone even dare get "permission of their (woman's) families"
before engaging in Muta'h?! Is there a need to have witnesses or
declare Muta'h openly? Does anyone introduce his "muta'h friend"
to his acquaintances as such?

2. As far as the term "istamtatum", it does not refer to muta'h, as it
and its other forms do not, in the following verses of the Quran:
2:236, 9:69, 6:128, 33:28, 33:49, 46:20.

3. Muta'h also contradicts the following verse of the holy Quran: 23:5-6.

In short, engaging in Muta'h does not perfect one's faith, does not make
one more righteous, nor is a pardon from sins, as some well-known Shia
authors have claimed. Furthermore, a woman engaged in Muta'h is neither
divorced nor entitled to any inheritance, in case her "man friend" dies.
Thus, we can clearly see that muta'h is a clear violation of many teachings
of the holy Quran.

"O ye Children of Adam! Let not Satan seduce you, in the same manner
as He got your parents out of the Garden, stripping them of their
raiment,
to expose their shame: for he and his tribe watch you from a position
where ye cannot see them: We made the evil ones friends (only) to those
without faith." (7.27)

zlata...@my-deja.com

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Jul 24, 1999, 3:00:00 AM7/24/99
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Rahim Choudhary wrote in message <7mr4vr$7rd$1...@waltz.rahul.net>...

>The following statement:
>
>> There is absolutely no common ground between
>> those given to those practices today, and the Companions who were
>> temporarily permitted mut`a by a special dispensation of the Prophet
>

>It seems to portray a degree of arbitrariness in the attitude of the
Prophet
>(S).
>
>He allowed the companions the temporary marriage. TThen he disallowed
it.
Then
>he changed his mind and allowed again. I do not know how many times
this
flipp
>flop occured but it is clear from Hadith that it occurred at least
once.
>

>Unlike other topics, Quran seems not to go along with these flip flops.


Well noticed,
nor God nor prophet (who was only following quran)
ever ordered or allowed temporary marriage.


>
>In view of these facts I am forced to conclude:
>
>Either the Prophet (S) showed an attitude with arbitrariness and double
>standards between his companions and those who will follow later.
>
>OR
>
>That tjhe Prophet (S) was responding to the space-time realities on the
ground
>that were changing pretty fast.

OR temporary marriage is only lie made buy people who followed their
desires
and lie made by "collectors" of HADITHS.

Regarding second situation:
ALLOWING FORNICATION COULD NOT BE RESPONDING
TO SPACE- TIME REALITIES ON THE GROUND that were changing pretty fast.


>
>I refuse to take the first view because I do not expect it from a
Prophet.
The
>second view seems to be the view of the Shias.
>
>Now I am not a Shia (a am not a Sunni either: I am just Mussalman).
However
this
>topic clearly offers me little choice betwen the two situations. Is
there a
>third situation that I might have missed?

Yes .There is a third situation!!!

TEMPORARY MARRIAGE IS NOT PART OF ISLAMIC LAW, NOR IT EVER WAS.

Nowhere in Quran, THE ONLY SOURCE OF ISLAMIC LAW,
is allowed or prescribed temporary marriage.
Temporary marriage was not allowed ever.
Temporary mariage is only LIE FROM HADITH and was not praticed
by good prophet`s friend nor ever alowed by prophet .

[7:28]
When they commit a gross sin(faahishetan), then say, "We found our
parents
doing this, and GOD has commanded us to do it."
Say, "GOD never advocates sin. Are you saying about GOD what you do
not know?"

>
>I am also perturbed by the fact that the temporary marriage continued
into
the
>Caliphate of Umar.

Nobody can 100% prove that, but even it is truth:
Please do not be perturbed by whatever were done by people
who trade Gods word with writings of man.
The people who are capable to lie about God, are capable to do
ANYTHING.


> The Prophet sure left this issue pretty unsettled to leave
>this uncertainty for his ASHAB.


It is not up to the prophet to settle lows, he only followed
what was revealed to him by Allah , and that is Quran.


>However the temporary marriage makes no better sense than the free
style
Euro
>American Living-Together without marriage.


Good thoughts and very true said.
These temporary marriage theme pretty clear expose the real nature of
inventors
and followers of hadiths doctrine.

>GF Haddad wrote:
>>
>> There is absolutely no common ground between
>> those given to those practices today, and the Companions who were
>> temporarily permitted mut`a by a special dispensation of the Prophet
-

[7:28]
ANd when they commit a gross sin, they say, "We found our parents
doing this, and GOD has commanded us to do it."

Say, "GOD never advocates sin. Are you saying about GOD what you do
not know?"


Peace

Zlatan

P.S.
[6:112]
We have permitted the enemies of every prophet - human
and jinn devils - to inspire in each other fancy words,
in order to deceive. Had your Lord willed, they would not
have done it. You shall disregard them and their
fabrications.
[6:113]
This is to let the minds of those who do not believe in
the Hereafter listen to such fabrications, and accept
them, and thus expose their real convictions.
[6:114]
Shall I seek other than GOD as a source of law, when He
has revealed to you this book fully detailed? Those who
received the scripture recognize that it has been
revealed from your Lord, truthfully. You shall not harbor
any doubt.
[6:115]
The word of your Lord is complete, in truth and justice.
Nothing shall abrogate His words. He is the Hearer, the
Omniscient.
[6:116]
If you obey the majority of people on earth, they will
divert you from the path of GOD. They follow only
conjecture; they only guess.

zlata...@my-deja.com

unread,
Jul 24, 1999, 3:00:00 AM7/24/99
to

Rahim Choudhary wrote in message <7mlck3$lca$1...@waltz.rahul.net>...

>
>Now couple of comments on Mutaa:
>
>1. Since Umar had to forbid Mutaa, it seems tthe Mutaa was practiced
>till that time.

Pleasse do not take hadith(history) as source for making conclusions,and
coming to the truth.
There is no god but Allah and there is no source of law except Quran.
How can we rely on hadith to make conclusions when is well known fact
that various sects invented hadiths to support their opinions.
To rely on hadith stories is no safer then to rely on bible story
regarding
Lot and his dothers making incest and regarding Solomon having 100
wifes and
made kufr.

"Indeed devil is open enemy to you and then consider him an enemy"-Quran

<These people were obviously majority the Companions of
>the Prophet.

Indeed this is all conjecturing and conjecturing can not help(lead) to
the
truth .

< If so we need a serious analysis of why the Sahaba of
>Mohammad continued the practice despite the "Clear Hadith" that Sunnis
>find so absolutely definite.


This excactly is what devil expect from us,
to think abuot this hadiths about companions and to conclude that
in some circumstances we can practicise mutaa too .

"...wa man asdaku minallahi hadisa
Whose hadith(speach) is more truthfull then God`s(Quran)."4:87

Quran is only source of law, and according quran, mutaa is not allowed,
ever.

>
>2. I find Sunni position more to my style. But that is personal. I am
>disturbed that the Prophet allowed Mutaa at all in his lifetime.


Prophet Muhamed never alowed it,
that is only hadith`s lies about him,all this muta stuff is the devil
job.

[53:28]
They had no knowledge about this; they only conjectured.
Conjecture is no substitute for the truth.

[53:23]
These are but names that you made up, you and your
forefathers. GOD never authorized such a blasphemy. They
follow conjecture, and personal desire, when the true
guidance has come to them herein from their Lord.

Peace
Zlatan

GF Haddad

unread,
Jul 26, 1999, 3:00:00 AM7/26/99
to
Salam alaykum, in reply to the following question:

>Dr. Haddad could you please give me the hadith in which the
>prophet said that "marriage is half the religion"

Anas ibn Malik narrated that the Prophet said - Allah bless and greet him

1. In al-Bayhaqi in Shu`ab al-Iman:

Idha tazawwaja al-`abdu faqad istakmala nisfa al-din. fal yattaqi
Allaha fi al-nisfi al-baqi.

"When Allah's servant marries he has completed one half of the
Religion. Thereafter let him fear Allah regarding the remaining half."

2. In Ibn al-Jawzi in al-`Ilal al-Mutanahya:

Man tazawwaja faqad ahraza shatra dinihi fal yattaqi Allaha fi
al-shatr al-akhar.

"Whoever marries has achieved one half of the Religion. Thereafter let
him fear Allah regarding the other half."

3. In al-Tabarani in the three Mu`jams:

Man tazawwaja faqad istakmala nisfa al-iman fal yattaqi Allaha fi
al-nisfi al-baqi.

"Whoever marries has achieved one half of belief. Thereafter let him
fear Allah regarding the other half."

4. In al-Hakim in al-Mustadrak and al-Bayhaqi in Shu`ab al-Iman:

Man razaqahu Allahu imra'atan salihatan faqad a`anahu `ala shatri
dinihi fal yattaqi Allaha fi al-shatri al-akhar.

"Whomever Allah has granted a righteous wife He has supported in
upholding one half of his Religion. Thereafter let him fear Allah
regarding the other half."

GRADING: "fair" to "weak."

This hadith was declared weak (da`if) by Ibn Hajar, his shaykh al-`Iraqi,
and Ibn al-Jawzi according to al-Munawi in Fayd al-Qadir.
Its chain was declared weak by al-Haythami in Majma` al-Zawa'id but he
indicates that it is fair in al-Ifsah.
It was declared sahih al-isnad (of sound chain) by al-Hakim, and both
al-Dhahabi and al-Suyuti concurred.

NOTES:

Al-Muttaqi al-Hindi in Kanz al-`Ummal indicated that Ahmad narrated it in
his Musnad, but this is incorrect. Further, neither al-Haythami nor
al-Mundhiri before him mentioned Imam Ahmad in their citation of this
hadith, nor Shaykh Khalil al-Mays in the documentation he provides in his
edition of Ibn al-Jawzi's `Ilal (2:612). Both Shaykh Muhammad `Ali
al-Sabuni in his book _al-Zawaj al-Islami al-Mubakkir_ and Shaykh Muhammad
Shakur al-Mayadini in his edition of al-Haytami's _al-Ifsah `an Ahadith
al-Nikah_ made the same mistake as al-Muttaqi, none providing the supposed
volume and page number in Ahmad's Musnad.

The aforementioned book by al-Haytami (al-Ifsah) is perhaps the most
complete book on the hadiths concerning the immense merits of Nikah in
Islam, together with al-Qari's compilation of "Forty Narrations" on the
same subject. Wallahu a`lam.


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