Mut'ah

Marriage in Islam is a strong bond, a binding contract, based on the intention of both partners to live together permanently in order to attain, as individuals, the benefit of the repose, affection, and mercy which are mentioned in the Qur'an, as well as to attain the social goal of the reproduction and perpetuation of the human species:

"And Allah has made for our spouses of your own nature, and from your spouses has made for you sons and grandsons..." (An Nahl:72)

Now, in temporary marriage (known in Arabic as mut'ah), which is contracted by the two parties for a specified period of time, the above-mentioned purposes of marriage are not realized. While the Prophet (peace be on him) permitted temporary marriage during journeys and military campaigns before the Islamic legislative process was complete, he later forbid it and made it forever haram.

Mut'ah in the context of marital relationship means a marriage which is only valid within the said time between two consented parties. Both of them could also add some of their own rules or requirements in the aggreement of marriage such as the custody of child (after the mut'ah period), amount of money given to the woman etc. This (the period of marriage) is declared at the time the contract is made. The prospective husband mentions to his prospective wife that they are marrying for a year or a longer or shorter period in which she agrees to that. When the period is over, their marriage is dissolved automatically. They may, however, resume the contract if they wish to do so.

The reason for it was permitted in the beginning was that the Muslims were passing through what might be called a period of transition from jahiliyyah to Islam. Fornication was very common then and was wide-spread among the pre-Islamic Arabs. After the advent of Islam, when they were required to go on military expeditions, they were under great pressure as a result of being absent from their wives for long periods of time. Among the Believers were some who were strong in faith and others who were weak. The weak ones feared that they would be tempted to commit adultery, a major sin and an evil course, while the strong in faith, on the other hand, were ready to castrate themselves, as stated by Ibn Mas'ud:

"We were on an expedition with the Messenger of Allah (peace be on him) and did not have our wives with us, so we asked Allah's Messenger (peace be on him), 'Should we not castrate ourselves? (The reason for this request was the desire to maintain their purity of mind and body, which was in danger of being affected by their unmet needs. (Trans.) He forbade us to do so but permitted us to contract marriage with a woman up to a specified date, giving her a garment as a dower (mahr)." (Reported by al-Bukhari and Muslim.)

Thus temporary marriage provided a solution to the dilemma in which both the weak and the strong found themselves. It was also a step toward the final legalization of the complete marital life in which the objectives of permanence, chastity, reproduction, love, and mercy, as well as the widening of the circle of relationships through marriage ties were to be realized.

We may recall that the Qur'an adopted a gradual course in prohibiting intoxicants and usury, as these two evils were widespread and deeply rooted in the jahili society. In the same manner the Prophet (peace be on him) adopted a course of gradualism in the matter of sex, at first permitting temporary marriage as a step leading away from fornication and adultery, and at the same time coming closer to the permanent marriage relationship. He then prohibited it absolutely, as has been reported by Muslim who reported this in his Sahih, mentioning that al-Juhani was with the Prophet (peace be on him) at the conquest of Makkah and that the Prophet (peace be on him) gave some Muslims permission to contract temporary marriages. Al-Juhani said, "Before leaving Makkah the Messenger of Allah (peace be on him) prohibited it. " In another version of the hadith we find the Prophet's own words, "Allah has made it haram until the Day of Resurrection."

The prohibition of mut`ah which had been permitted for three days only, then it became haram for all time. [Sahih Muslim, 1/586-7] Mut`ah was then forbidden and permitted twice. It was permissible before Khaybar, and was forbidden onthe day of Khaybar. Then it was allowed on the day of the liberation of Makkah, but it was prohibited three days later, in a prohibition which is in force until the Day of Judgment. [Al Nawawi, Sharh Saheeh Muslim, 3/553].

The question then remains—Is temporary marriage (mut'ah) absolutely haram, like marriage to one's own mother or daughter, or is it like the prohibition concerning the eating of pork or dead meat, which becomes permissible under real necessity, the necessity in this case being the fear of committing the sin of zina ?