Thursday, May 5, 2011

VBV - Ch. 4 Pt. 7

Mut'a - Temporary Marriage

This is a section I'm not really sure what to do with. I'm aware that there exists this idea within Islam of temporary marriages. However, it is not contained within the Qur'an. The references to it that I have seen are all ahadith, and we know how I feel about them. I don't believe that the idea of mut'a is very widely accepted in Islam. The idea, though, is that men can marry women for a predetermined length of time. Three days, at the least. And then they divorce, and there's no sin on either of them.

From what I can gather it was something that was allowed, pre-Islam, and then Mohammed forbade it after the battle of Khaibar. I'm just going to reproduce the hadith referenced and the Qur'anic verse that the author says is used to support it and leave it at that.

sahih Bukhari 7.62.13o - " Narrated 'Abdullah: We used to participate in the holy battles led by Allah's Apostle and we had nothing (no wives) with us. So we said, "Shall we get ourselves castrated?" He forbade us that and then allowed us to marry women with a temporary contract and recited to us: -- 'O you who believe ! Make not unlawful the good things which Allah has made lawful for you, but commit no transgression.' (5.87)"

sahih Bukhari 7.62.52 - " Narrated Jabir bin 'Abdullah and Salama bin Al-Akwa': While we were in an army, Allah's Apostle came to us and said, "You have been allowed to do the Mut'a (marriage), so do it." Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general. Abu Abdullah (Al-Bukhari) said: 'Ali made it clear that the Prophet said, "The Mut'a marriage has been cancelled (made unlawful).""
sahih Bukhari 9.86.91 - " Narrated Muhammad bin 'Ali: 'Ali was told that Ibn 'Abbas did not see any harm in the Mut'a marriage. 'Ali said, "Allah's Apostle forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's meat." Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal." Others said, "The marriage is valid but its condition is illegal.""

And the verse from the Qur'an surah al-Ma'idah 5:87 - " O you who have believed, do not prohibit the good things which Allah has made lawful to you and do not transgress. Indeed, Allah does not like transgressors."

So from what I can see, mut'a marriage was made impermissible, but those who want it to be allowed say that if Allah said it was okay, then it has to still be okay. Only I don't see where Allah ever said it was okay. There's no mention of it in the Qur'an, and if it's not in the Qur'an, it's not from Allah. Or at least that's the theory I'm working with.

17 comments:

  1. There may be one reference to it in the Quran – 4:24 contains the word which is derived from the same root as muta’. It seems that its meaning is to do with pleasure, as in: “So for the enjoyment/pleasure you have already had from them give them their dowry, as a duty.” So it may not mean temporary marriage exactly but it seems to portray something of that ilk.

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  2. Given that the entire concept of mut'a sounds like an 'okay' for a kind of prostitution, I don't doubt pleasure is at the core of it. :)

    Huh. I always assumed that that verse was about men who had already slept with women, pre-Islam, taken them as concubines, sort of. And this was saying that they had to give them dowries, make them proper wives.

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  3. Interesting! Thanks for the info. I wondered where the idea of muta was found. These posts are educational!

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  4. That's why I don't believe in muta'. It goes completely against the Qur'an, which states that marriage is not be based upon lust, or something very much to that effect. (I'll have to look the verse up again.) Which is all a temporary marriage is, 9 times out of 10. :)

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  5. Susanne,

    I aim to please. Though I have to admit, I'm not sure I'm going to make it through this book. It's not only annoying as hell, it's also *boring*. And that's a terrible combination. I might need to burn it once I'm done though. Just to save anyone else from reading it.

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  6. Heather,

    It's actually (I think) the verse that Sarah referenced. 4:24 - Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, 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.

    There might be others, of course.

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  7. I think there is a payment involved in muta' as well though, isn't there, so it could just be saying make sure you pay the prostitute :D

    I am not sure whether the Sunni or the Shia position on temporary marriage is more accurate. I must look into the evidence properly at some point, it's an interesting one.

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  8. *lol* 'Tip well'.

    It is an interesting question. It's one of those things you don't hear about a whole lot, and then you stumble across it and whoops! Strange. Very strange.

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  9. As has already been said, Mut'ah marriage is only allowed amongst Shi'as. It has been used to "legalize" prostitution (as it can be as short as half an hour, but the woman still needs to keep iddah and not remarry for 3 months). It can also be used to marry someone which one has to live with shortly (and with no physical part) in order to be able to relax the rules of hijah and make that person a mahram, or it has been used for young couples to get to know each other better in a legal way (altough again, with the pre-condition stated in the nikah that the marriage is not to be consummated until a permanent marriage has taken place).

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  10. Becky,

    Huh. When did they change the rules to allow it to be as short as an hour? I've not looked into it much, but from just what I've read I thought it had to be at least a few days long. Either way, it's still prostitution, essentially.

    But how often is it used in the non-sexual way?

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  11. Oh, I don't know, everywhere I've read about it it has always said it can be that short, pretty much as short as you want, but you must abide by the waiting period afterwards.

    I have no idea, nor any statistics, this is only what I have read, so I don't know. I don't think it's all that common, at least not among "modern" shi'as.

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  12. You come to me with unsubstantiated facts? What do you think this is, the internet? ;p

    I'm sure people do it that way, having an hour long 'marriage'. But I guess the women have to charge a lot if they have to wait for three months after each 'marriage' to work again.

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  13. well no one actually does that I think... the waiting period is to ensure she's not pregnant, you think he's really going to come and look after the child if she gets pregnant?

    That's also one thing that I find difficult to understand about this kind of marriage. What do they do when they split up, if there's kids?

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  14. Becky,

    See, now you're confusing me! Stop it! I only mentioned the waiting period again because you said, as it can be as short as half an hour, but the woman still needs to keep iddah and not remarry for 3 months and pretty much as short as you want, but you must abide by the waiting period afterwards. Which, admittedly, makes no sense for prostitutes. So not only do they only marry for an hour or so, but they've thrown out the other requirement for the mut'a marriage as well? I- I may need a moment to get over my shock. *wanders off to giggle in a corner*

    Same thing everyone else does? The mother takes care of the child and the father pretends he doesn't know either of them.

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  15. Well yeah, of course that's what ACTUALLY happens, but it doesn't sound right to me, for a religious/legal standpoint.

    And yeah, sorry for confusing you, but y'know, reality rarely lives up to the textbook version ;)

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  16. Well, religiously, they shouldn't have done what they did to make the baby. I mean, even if mut'a marriage were allowed, if they're only getting together for an hour and they've done away with the iddah, then they're not really mut'a married in the first place. But let's assume that everything was done 'correctly'. They were mut'a married for, let's say a month. And the woman waited out her iddah and found that she was pregnant. I'd guess that the same rules that would apply for a child born after a divorce would apply. So what are those? I don't recall them off the top of my head.

    And yeah, sorry for confusing you, but y'know, reality rarely lives up to the textbook version ;)

    *puts on giant Puss-in-Boots cute eyes, adds some tears for effect**let's lower lip quiver* Reality doesn't match what the books say it should be? WHY do you tell me such things?!?

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  17. ahhh... sorry I had to break it to you dear... life's tough.

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