The issue of temporary marriage has been put on the table for quite some time. It has started a wave of intense debate in which opponents and proponents argue fervently. While some claim that temporary marriage provides an outlet for men and women who are incapable of entering into permanent marriage, abolitionists regard it as a means that provides ultimate sexual freedom.
It has been said that temporary marriage is an innovation that was never part of the Islamic Tradition. However, from a legislative perspective, one asks whether temporary marriage is a fixed Islamic code or a code that existed at one time but canceled later. The answer to this question is given by Sunni and Shiite scholars. Depending on certain traditions, most Sunni scholars see that temporary marriage was legislated during the prophet’s time, but was later cancelled.
On the other hand, Shiite scholars assign temporary marriage as a constant Islamic code-they defend their point of view by deriving evidence from the Imams of the Members of the Household (a.s.), who emphasize the fact that temporary marriage is as legal as permanent marriage. Although caliph Omar forbade temporary marriage, some people view this prohibition administrative and not legislative. It is reported that Abdullah, Omar’s son, used to believe in the legality of temporary marriage, and once he was inquired how he allowed what his father had forbidden. He replied: "How would I forbid what the Prophet allowed”. In fact, temporary marriage is thus an endless controversial issue.
As to the practical perspective, temporary marriage is a solution to a human problem and is the fulfillment of human sexual needs. Certainly, marriage, in all religions, aims at solving sexual problems and thus securing the natural atmosphere for reproduction.
The aim of temporary marriage is getting pleasure and not establishing a house and making a family. What should men and women in their twenties or thirties do with their sexual instincts if they do not have the chance of permanent marriage? How should we help them? Should we recommend that they seek permanent marriage, knowing that their circumstances do not allow them to do so? Should they deviate or should they find an appropriate solution for this problem?
Asking them to suppress their instincts is neither logical nor practical in an atmosphere filled with temptations. Advising them to seek permanent marriage, while they are entirely unable financially to do so is nonsense. Hence, what is the solution?
Muslims have agreed unanimously on the legitimacy of “Mutaa” (temporary marriage). Many Hadiths indicate that it was practiced during the time of the Prophet (p.) as well as during the time of Abu Bakr and a part of Omar’s era. Later, the juristic opinion of the juristic sects, other than the Shiite sect, considered it impermissible. Whereas, the Shiites still consider it permissible.
Mutaa marriage is also called “temporary marriage”, since it is limited to a definite period, at the end of which it is terminated without the need for divorce. Thus, it is different from the “permanent marriage” which is not limited to a specific time; and would not be terminated except by divorcing. Mutaa marriage is similar to permanent marriage in many ways while it is different from it in what follows:
Firstly, in the verbal form of the contract, in which the dowry (al-mahr) and the period must be stated.
The form is.
a. The woman must say to the man: I have wedded you myself and then she states the time period and the dowry.
b. The man says: I accept.
Secondly, this marriage will be terminated when the specific period of time expires, without having to divorce.
Thirdly, a woman who has had full intercourse must finish her Iddah (period in which the woman cannot remarry); in case she wants to marry another person... Therefore, she is legitimately prohibited to remarry before the termination of Iddah. Whereas, if she did not have full intercourse, she will not observe an Iddah and she has the right to conclude immediately a marriage contract with another man when the first marriage ends.
Fourthly, the husband is not obliged to support her with money, unless the wife stipulates this condition in the contract.
Fifthly, in the event of death, neither party inherits the other during the contract period.
On the other hand, if the husband wishes to leave his wife before the termination of the specific period, he can gift her the remaining time by saying: I gift you the remaining time. So, she will be separated from him and the contract will be terminated.
If the husband wishes to renew the contract after it is terminated, the Iddah will not be imposed on the wife and she just has to restate the verbal form of the contract in order to be remarried. When the time of this marriage ends, the woman cannot marry right away if she had full intercourse. She has to wait for the Iddah to end to be sure that she is not pregnant. Therefore, we can say that this condition that is applied to permanent marriage is also applied to temporary marriage.
We have to observe that it is unlawful for a Muslim woman to marry a non-Muslim man, even if he believes in the legitimacy of the Mutaa. Likewise, it is unlawful for the Muslim man to marry a non-Muslim woman, unless she is of the People of the Book. It is also lawful to conclude this marriage without obtaining the approval of the girl’s guardian if she is a mature adult. But it is better not to do so due to the moral harm which may affect her future. However, if this marriage is concluded, it is better not to have full sexual intercourse.
Regarding the formula of temporary marriage, the woman has to say that I have wedded you myself and she must state the time period and the dowry. The man has to say that he accepted the marriage. The time period and the dowry have to be defined. The woman has to be free: (she ought to be unmarried and has finished the period she ought to have stayed unmarried after her last marriage. The woman has to be either Muslim or from the People of the Book (Christian or Jew).
It is allowed to conclude a temporary marriage with a virgin if she is a mature adult, since she has the right to wed herself without the permission of her guardian, but other considerations should be taken into account - like the bad reputation the girl might acquire or that she might put herself , as people will gossip about her...
It is important to note that the dowry is not a price for the woman, rather, it is a gift ,as Allah, the Most Exalted, said: “And give women their dowries as a free gift, but if they of themselves be pleased to give up to you a portion of it, then take it with satisfaction and ease” Surah An-Nisa (04:04). So, the dowry could be a copy of the Quran or teaching a part of it, or whatever the husband and the wife agree upon.
Temporary marriage is completely legal, and it is temporary because the man and woman determine the duration of this marital relationship. The woman can also condition that the man must be her financial supporter during their relationship. Temporary marriage is set according to a contract and a dowry. In case the woman gives birth to a child, he is absolutely legitimate and has all the privileges of any legitimate child.
* according to the opinion of Sayyed Muhammad Hussein Fadlallah (ra)
The issue of temporary marriage has been put on the table for quite some time. It has started a wave of intense debate in which opponents and proponents argue fervently. While some claim that temporary marriage provides an outlet for men and women who are incapable of entering into permanent marriage, abolitionists regard it as a means that provides ultimate sexual freedom.
It has been said that temporary marriage is an innovation that was never part of the Islamic Tradition. However, from a legislative perspective, one asks whether temporary marriage is a fixed Islamic code or a code that existed at one time but canceled later. The answer to this question is given by Sunni and Shiite scholars. Depending on certain traditions, most Sunni scholars see that temporary marriage was legislated during the prophet’s time, but was later cancelled.
On the other hand, Shiite scholars assign temporary marriage as a constant Islamic code-they defend their point of view by deriving evidence from the Imams of the Members of the Household (a.s.), who emphasize the fact that temporary marriage is as legal as permanent marriage. Although caliph Omar forbade temporary marriage, some people view this prohibition administrative and not legislative. It is reported that Abdullah, Omar’s son, used to believe in the legality of temporary marriage, and once he was inquired how he allowed what his father had forbidden. He replied: "How would I forbid what the Prophet allowed”. In fact, temporary marriage is thus an endless controversial issue.
As to the practical perspective, temporary marriage is a solution to a human problem and is the fulfillment of human sexual needs. Certainly, marriage, in all religions, aims at solving sexual problems and thus securing the natural atmosphere for reproduction.
The aim of temporary marriage is getting pleasure and not establishing a house and making a family. What should men and women in their twenties or thirties do with their sexual instincts if they do not have the chance of permanent marriage? How should we help them? Should we recommend that they seek permanent marriage, knowing that their circumstances do not allow them to do so? Should they deviate or should they find an appropriate solution for this problem?
Asking them to suppress their instincts is neither logical nor practical in an atmosphere filled with temptations. Advising them to seek permanent marriage, while they are entirely unable financially to do so is nonsense. Hence, what is the solution?
Muslims have agreed unanimously on the legitimacy of “Mutaa” (temporary marriage). Many Hadiths indicate that it was practiced during the time of the Prophet (p.) as well as during the time of Abu Bakr and a part of Omar’s era. Later, the juristic opinion of the juristic sects, other than the Shiite sect, considered it impermissible. Whereas, the Shiites still consider it permissible.
Mutaa marriage is also called “temporary marriage”, since it is limited to a definite period, at the end of which it is terminated without the need for divorce. Thus, it is different from the “permanent marriage” which is not limited to a specific time; and would not be terminated except by divorcing. Mutaa marriage is similar to permanent marriage in many ways while it is different from it in what follows:
Firstly, in the verbal form of the contract, in which the dowry (al-mahr) and the period must be stated.
The form is.
a. The woman must say to the man: I have wedded you myself and then she states the time period and the dowry.
b. The man says: I accept.
Secondly, this marriage will be terminated when the specific period of time expires, without having to divorce.
Thirdly, a woman who has had full intercourse must finish her Iddah (period in which the woman cannot remarry); in case she wants to marry another person... Therefore, she is legitimately prohibited to remarry before the termination of Iddah. Whereas, if she did not have full intercourse, she will not observe an Iddah and she has the right to conclude immediately a marriage contract with another man when the first marriage ends.
Fourthly, the husband is not obliged to support her with money, unless the wife stipulates this condition in the contract.
Fifthly, in the event of death, neither party inherits the other during the contract period.
On the other hand, if the husband wishes to leave his wife before the termination of the specific period, he can gift her the remaining time by saying: I gift you the remaining time. So, she will be separated from him and the contract will be terminated.
If the husband wishes to renew the contract after it is terminated, the Iddah will not be imposed on the wife and she just has to restate the verbal form of the contract in order to be remarried. When the time of this marriage ends, the woman cannot marry right away if she had full intercourse. She has to wait for the Iddah to end to be sure that she is not pregnant. Therefore, we can say that this condition that is applied to permanent marriage is also applied to temporary marriage.
We have to observe that it is unlawful for a Muslim woman to marry a non-Muslim man, even if he believes in the legitimacy of the Mutaa. Likewise, it is unlawful for the Muslim man to marry a non-Muslim woman, unless she is of the People of the Book. It is also lawful to conclude this marriage without obtaining the approval of the girl’s guardian if she is a mature adult. But it is better not to do so due to the moral harm which may affect her future. However, if this marriage is concluded, it is better not to have full sexual intercourse.
Regarding the formula of temporary marriage, the woman has to say that I have wedded you myself and she must state the time period and the dowry. The man has to say that he accepted the marriage. The time period and the dowry have to be defined. The woman has to be free: (she ought to be unmarried and has finished the period she ought to have stayed unmarried after her last marriage. The woman has to be either Muslim or from the People of the Book (Christian or Jew).
It is allowed to conclude a temporary marriage with a virgin if she is a mature adult, since she has the right to wed herself without the permission of her guardian, but other considerations should be taken into account - like the bad reputation the girl might acquire or that she might put herself , as people will gossip about her...
It is important to note that the dowry is not a price for the woman, rather, it is a gift ,as Allah, the Most Exalted, said: “And give women their dowries as a free gift, but if they of themselves be pleased to give up to you a portion of it, then take it with satisfaction and ease” Surah An-Nisa (04:04). So, the dowry could be a copy of the Quran or teaching a part of it, or whatever the husband and the wife agree upon.
Temporary marriage is completely legal, and it is temporary because the man and woman determine the duration of this marital relationship. The woman can also condition that the man must be her financial supporter during their relationship. Temporary marriage is set according to a contract and a dowry. In case the woman gives birth to a child, he is absolutely legitimate and has all the privileges of any legitimate child.
* according to the opinion of Sayyed Muhammad Hussein Fadlallah (ra)