02-15-2006, 03:51 AM
we know what the nikah is and just how easy it is to break it.
here's the dope about mu'tah.
##
What is Mut'ah?
Mut'ah is a type of marriage, used in the same way as a permanent marriage (Nikah) in order to make a man and woman physically halal (permissible) to each other. A Mut'ah is a temporary marriage that ends at a fixed period. A prominent imam of the Muslim majority sect Ahlul Sunnah wal Jama'ah, Waheed ad-Deen az-Zaman, in his footnotes of Sunan ibn Majah , defined Mut'ah as follows:
Mut'ah is a type of Nikah until an agreed time. It can be for a day, two days, a month, one year, three years etc.
Waheed ad-Deen az-Zaman. Sunan Ibn Majah. Volume 2, p. 76
Nawawi in his commentary of Sahih Muslim , defined Mut'ah as follows:
Nikah Mut'ah is marriage for a fixed time on Mehr agreed with the woman, when the time expires the marriage comes to an end.
Nawawi. Sharh Sahih Muslim. Volume 4, p. 13
The Sunni scholar Allamah 'Abd Ar-Rahman al-Jazzari in his Al-fiqh 'Ala Al-Madhahib al-Arba' said:
The reality of Nikah Mut'ah is that, in the marriage recital performed with a woman, words are added which stipulate that the marriage is for a fixed time. For example a man shall say 'she shall remain as my wife for a month, or I shall have Nikah Mut'ah with you for a year." The parties themselves act as witnesses. It can occur in the presence of a Wali or witnesses, or without them.
Al-Jazzari. Al-fiqh 'Ala Al-Madhahib al-Arba' (Lahore Edition) Volume 4, page 167
The Sunnis and Shi'as have no disagreement as to its original permissibility, though in recent years a number of Wahabis (the official sect of Saudis) have claimed that Mut'ah was never permissible at all (contradicting the mainstream Sunni attitude).
Sunnis believe that, in spite of its original permissibility in Islamic law, it was later abrogated, whereas the Shi'as reject this view.
According to the Shi'as, Mut'ah was never abrogated and continues to be permissible until the Day of Judgement. The Prophet neither deemed it haram, nor put an end to it, nor did any Quranic verses abrogate it.
Rather, Mut'ah was declared impermissible by the second caliph 'Umar ibn al-Khattab and this continues to be accepted as the majority view of the Sunnis.
##
How is Mut'ah Contracted?
The contracting of Mut'ah is just like that of Nikah, both require specific words to make the contract halal - both types of marriage have Dower.
The difference between Mut'ah and standard Nikah is that there is no specified time scale, whilst a time scale is necessary with Mut'ah.
In practice, Mut'ah has many Shari'ah rules and regulations
##
Which type of women can you contract Mut'ah with?
Similar rules that apply for Nikah apply for Mut'ah - if certain types of women are haram for a man to contract Nikah then the same rule applies with Mut'ah.
A man cannot contract Mut'ah with married women, as is the case with a normal.
Iddah (Waiting Period) in Mut'ah
Iddah is obligatory upon women in Mut'ah, just like in Nikah i.e.
1. A woman cannot enter into Mut'ah marriage, till the time she has become pure by observing the 'iddah (waiting period) from her earlier husband.
2. And after expiration of Mut'ah marriage, again she has to observe 'iddah, before getting married (either Nikah or Mut'ah) to any other person.
##
What is the position of children born from Mut'ah?
There is no difference between the children of Nikah or Mut'ah.
Both are considered legitimate under the Shari'ah - they inherit from their parents, and all Islamic laws apply with regards to paternity.
##
Do all principles that apply on women in Nikah also apply in Mut'ah?
Yes, the same principle/rights apply - two people cannot contract Mut'ah with the same woman at one given time, and so forth.
##
Which countries have common practice of Mut'ah?
Mut'ah is commonly practiced in countries that have significant Shias population - Iran, Afghanistan, Lebanon, Iraq, Pakistan, Syria and Kuwait.
here's the dope about mu'tah.
##
What is Mut'ah?
Mut'ah is a type of marriage, used in the same way as a permanent marriage (Nikah) in order to make a man and woman physically halal (permissible) to each other. A Mut'ah is a temporary marriage that ends at a fixed period. A prominent imam of the Muslim majority sect Ahlul Sunnah wal Jama'ah, Waheed ad-Deen az-Zaman, in his footnotes of Sunan ibn Majah , defined Mut'ah as follows:
Mut'ah is a type of Nikah until an agreed time. It can be for a day, two days, a month, one year, three years etc.
Waheed ad-Deen az-Zaman. Sunan Ibn Majah. Volume 2, p. 76
Nawawi in his commentary of Sahih Muslim , defined Mut'ah as follows:
Nikah Mut'ah is marriage for a fixed time on Mehr agreed with the woman, when the time expires the marriage comes to an end.
Nawawi. Sharh Sahih Muslim. Volume 4, p. 13
The Sunni scholar Allamah 'Abd Ar-Rahman al-Jazzari in his Al-fiqh 'Ala Al-Madhahib al-Arba' said:
The reality of Nikah Mut'ah is that, in the marriage recital performed with a woman, words are added which stipulate that the marriage is for a fixed time. For example a man shall say 'she shall remain as my wife for a month, or I shall have Nikah Mut'ah with you for a year." The parties themselves act as witnesses. It can occur in the presence of a Wali or witnesses, or without them.
Al-Jazzari. Al-fiqh 'Ala Al-Madhahib al-Arba' (Lahore Edition) Volume 4, page 167
The Sunnis and Shi'as have no disagreement as to its original permissibility, though in recent years a number of Wahabis (the official sect of Saudis) have claimed that Mut'ah was never permissible at all (contradicting the mainstream Sunni attitude).
Sunnis believe that, in spite of its original permissibility in Islamic law, it was later abrogated, whereas the Shi'as reject this view.
According to the Shi'as, Mut'ah was never abrogated and continues to be permissible until the Day of Judgement. The Prophet neither deemed it haram, nor put an end to it, nor did any Quranic verses abrogate it.
Rather, Mut'ah was declared impermissible by the second caliph 'Umar ibn al-Khattab and this continues to be accepted as the majority view of the Sunnis.
##
How is Mut'ah Contracted?
The contracting of Mut'ah is just like that of Nikah, both require specific words to make the contract halal - both types of marriage have Dower.
The difference between Mut'ah and standard Nikah is that there is no specified time scale, whilst a time scale is necessary with Mut'ah.
In practice, Mut'ah has many Shari'ah rules and regulations
##
Which type of women can you contract Mut'ah with?
Similar rules that apply for Nikah apply for Mut'ah - if certain types of women are haram for a man to contract Nikah then the same rule applies with Mut'ah.
A man cannot contract Mut'ah with married women, as is the case with a normal.
Iddah (Waiting Period) in Mut'ah
Iddah is obligatory upon women in Mut'ah, just like in Nikah i.e.
1. A woman cannot enter into Mut'ah marriage, till the time she has become pure by observing the 'iddah (waiting period) from her earlier husband.
2. And after expiration of Mut'ah marriage, again she has to observe 'iddah, before getting married (either Nikah or Mut'ah) to any other person.
##
What is the position of children born from Mut'ah?
There is no difference between the children of Nikah or Mut'ah.
Both are considered legitimate under the Shari'ah - they inherit from their parents, and all Islamic laws apply with regards to paternity.
##
Do all principles that apply on women in Nikah also apply in Mut'ah?
Yes, the same principle/rights apply - two people cannot contract Mut'ah with the same woman at one given time, and so forth.
##
Which countries have common practice of Mut'ah?
Mut'ah is commonly practiced in countries that have significant Shias population - Iran, Afghanistan, Lebanon, Iraq, Pakistan, Syria and Kuwait.