Nikah-e-Mut’ah: An OverView
Nikah-e-Mut’ah is a mustahabb marriage or marriage in which a woman gives herself to a man in exchange for a fixed period and a fixed amount(Haq Mahr).
“فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً”(۔ قرآن کریم)
Translation: So, whoever of them you have done Mut’ah, then pay them their wages that are fixed
The consensus of Muslims is that Mut’ah was permissible and common during the Prophet’s(P.B.U.H) era, but after that there is a difference of opinion among Muslims about whether this Shariah order remains or is abrogated.
To this day, no one among the Imamiyyah Shia has disputed the legality and validity of Mut’ah, and following the jurisprudence of Jafariyah, Mut’ah has been recognized in Iranian law.
Nikah-e-Mut’ah: Explained
Mut’at al-Nisa or Mut’ah or the term marriage is when a woman, herself or through her lawyer, marries herself for a specified period and on a specified dowry to a man with whom there is no Shariah obstacle to marriage: that is,
- That a woman and a man should not be mahrams of each other in terms of lineage or reason or adoption; The woman should not be married to someone else and should not be on the Iddat of divorce or death.
In Mu’tah, when the specified period is completed or the husband forgives the woman for the remaining period, she will be separated from the man.
Nikah-e-Mut’ah: Historical Background
Shia and Sunni historical sources make it very clear that during the time of the Messenger of God, and even after his death – even during the time of the first Caliph, Mut’at-an-Nisa (women’s Mut’ah) was performed; Even during the caliphate of the second caliph, this type of marriage was performed, but after an incident during his caliphate, he declared this type of marriage forbidden! And ordered that anyone who “performed” such a marriage after hearing this “order” would be stoned. As a sample, three hadiths are quoted from the hadith sources of Ahl al-Sunnah, among which the most famous incident is that of Amr bin Harith, which is often quoted in the sources, and its description is as follows:
“جابر کہتے ہیں کہ عمرو بن حریث کوفہ سے مدینہ آیا اور ایک آزاد شدہ کنیز کے ساتھ متعہ کیا۔ کنیز حاملہ ہوئی جس کو عمر کے پاس لایا گیا اور اس سے حقیقت حال کے بارے میں سوال کیا گیا۔ تو اس نے کہا: عمرو بن حریث نے میرے ساتھ وقتی نکاح کیا ہے۔ عمر نے عمرو بن حریث سے پوچھا تو اس نے بھی صراحت کے ساتھ بیوی کی بات کی تصدیق کی۔ عمر نے کہا: تم نے اس کے علاوہ کسی اور سے شادی کیوں نہیں کی؟ اور یہی وہ وقت تھا جب عمر نے وقتی شادی سے نہی کی تھی”
Nikah-e-Mut’ah: Opinions of Different Islamic Sects
Apart from the Ahl al-Sunnah – who consider Mut’ah to be invalid [42] – examine the views of other Islamic sects on Mut’ah:
- One of the common problems of Abaazi and Ahl al-Sunnah is the prohibition of Mutah. Abadiyyah says that the verse Mut’ah has been abrogated.
- The Zaydias, like the Sunnis, consider Mutah to be haram, and there is no one among the Zaydia scholars who is convinced of the legitimacy of Mutah marriage.
- Ismailis do not allow Mutah and consider marriage and marriage limited to a permanent wife and the country of Yemen.
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- Online Nikah
- Online Shadi
- Pakistani Nikah Nama
- Online Nikah in Pakistan
- NADRA Marriage Certificate
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- English Nikah Nama Form
- Online Marriage in Lahore
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- NADRA Marriage Certificates
- Court Marriage Procedure
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- Is Online Marriage Valid?
Nikah-e-Mut’ah: Components
Dissolution of marriage (i.e., Mutah) is one of the two types of marriage and marriage and is a mustahab practice. There are four components of the dissolution of marriage.
The Expression
Like other contracts, the Mut’ah contract is formed by acceptance and acceptance. The answer should be with one of the well-known words “Zuwajtuk,” “Mutattuk,” or “Ankhtuk,” and the contract is not concluded with other words such as “Tamilik”, “Hiba,” and “Ijarah.”Acceptance ends with a word that indicates satisfaction and attraction on the part of the acceptor, such as “Qabiltu al-Nikkaah,” “Qabiltu al-Mut’ah”, “Qabiltu al-Tazwij”.or just the word “Qabiltu”
Either the woman or the man can determine such conditions regarding the condition, time and place and other aspects of taking pleasure and enjoyment that are not contrary to the requirements of the contract. There is disagreement [among the jurists] whether a man can renounce the right of his temporary wife for four months of marriage or not.
Spouses
Temporal marriage and Mutah between a Muslim man and a woman and according to the famous opinion of later jurists, is valid between a Muslim man and a woman of the Book but not between a Muslim woman and a man of the Book
Mahr
Mention of Mahr in a broken contract is a condition for its validity and if no mention of Mahr is made, then the contract is not valid. A woman becomes the owner of the Mahr as soon as the marriage takes place, but her ownership of the entire Mahr is conditional on her obedience to the husband during the specified period of matrimony and mu’tah. If the man forgives the wife for the period before marriage, then half of the Mahr is his responsibility.
Time Period Of Mut’ah
Mention of period is a condition of health in this type of contract. If the period is not mentioned, then the popular opinion is that the marriage becomes permanent (and the woman will be the permanent wife of the man). The period should be fixed in such a way that it cannot be shortened or extended; Vague and not clean, like a few months before the pilgrims return home from Mecca, etc.
A man can forgive a part or the whole period of Mu’tah to a woman, and there is no need to issue a letter of acceptance from the woman. [61] There is no divorce in Mut’ah, and the woman and man shall separate at the end of the period or if the period is waived by the man.
According to the famous saying – before the end of the period of Mut’ah – renewing the contract of Mut’ah with a woman or changing it to a permanent contract is not valid.
Duration of Iddat
A woman will observe Idda for 45 days at the end of the Mutah period or if the period is forgiven by a man, in case of intercourse and non-pregnancy, and in case of non-menstruation at the age of menstruation. There are two menstrual cycles or one and a half months, or two periods of purity. The first mentioned saying (two periods) is well-known and if a woman is pregnant, the period until the birth of the child will be counted.
According to the famous saying, the non-pregnant woman whose husband has died will remain in Idda for four months and some are convinced of half of it. The period of death is the longest in terms of duration in the case of a woman who is pregnant – until the pregnancy and the birth of the child
- What distinguishes these two from each other is that the woman and the man decide to marry each other temporarily and renew it after the end of the period if they are willing and if they are not willing. Separate.
- Both parties have more freedom in terms of terms (than in a permanent marriage) and contract as they wish. For example, in Nikah Daim, the man has to meet the wife’s daily needs, whether he wants to or not, such as food, clothing, housing, and other needs, such as medical expenses and medical expenses, while in Nikah Mu’tah. It all depends on the free decision between man and woman; It is possible that the man is unwilling or unable to bear these expenses or the wife does not want to use the husband’s wealth in this regard.
- In Nikah Daim, the wife will accept the man as the head of the family willingly or even unwillingly and will obey his orders in relation to the interest and expediency of the family, while in Nikah Mutah, all this is decided between them. depending on what will be held between them at the time of marriage
- In perpetual marriage, the wife and husband inherit from each other willingly or not, while in Nikah Mutah, this is not the case.
- According to the opinion of some jurists in Nikah Daim, none of the spouses can refrain from having a child without the consent of the other, while in Nikah Mutah, there is no need to obtain the consent of the other in this regard . In fact, this is another type of freedom that is given to the spouses in Nikah Mutah. If a child is born from this marriage, there is no difference between him and a child born from a permanent marriage.
- The mahr is obligatory in permanent marriages and also in Mut’ah marriages; The only difference is that if the dowry is not mentioned in the Nikah Mutah,the marriage is invalid and if it is not mentioned in the Nikah Daim, the contract is not invalid and the Mahr is determined.
- Just as the wife’s mother and daughter are forbidden to her husband, her son and father in a permanent marriage, the same is the case in a Mutah marriage and just as it is forbidden for others to ask for a relationship with a permanent wife . It is also forbidden to others. Just as committing adultery,with another man’s permanent wife causes eternal sanctity, committing adultery with another man’s wife Mutah also causes eternal sanctity
- In the same way that a permanent wife has to remain in Iddah for a certain period after divorce, a Mutah wife also has to remain in Iddah for a certain period in case of the end of the specified period or if her husband forgives her, the only difference is that The period of Iddah of a divorced woman from Nikah Daim is up to three menstrual periods and the Iddah of Nikah Mutah is up to 45.
- It is not permissible to marry two sisters in Nikah Daim and it is not permissible to marry two sisters in Nikah Mutah.
- In Nikah Mutah – unlike Nikah Daim – there is no limit regarding the choice of women and a man can marry as many women as he wants; [67] Whereas it is not permissible to marry more than four women in a marriage.
Nikah-e-Mut’ah and Social Culture
Nikah Mutah, also known as temporary marriage in Islamic tradition, is a practice that holds a unique place within certain communities. It is essential to approach this subject with sensitivity and respect for differing beliefs and interpretations of Islamic law. While some view Nikah Mutah as a valid and permissible form of marriage, others may hold different opinions. In any case, it is crucial to consider the legal and cultural context in which Nikah Mutah is practiced and the implications it may have on the individuals involved.
Ultimately, whether one agrees or disagrees with Nikah Mutah, it is important to approach the subject with empathy, knowledge, and a commitment to upholding the rights and choices of individuals within the framework of the law and their cultural and religious beliefs.
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