Temporary Marraiges: What do you think ????

[Padishah]

From Sunnipath answers:

Temporary marriage
Answered by Shaykh Amjad Rasheed


Q. What is our response to the person who argues for the permissibility of temporary marriage on the basis that some eminent Companions allowed it?



In the name of Allah, the Most Merciful, the Most Compassionate

The foremost Companion who was alleged to have permitted temporary marriage was Sayyiduna Ibn Abbas, may Allah be pleased with him. And the answer to this is:

Temporary marriage was permitted and outlawed several times as you will find recorded in Fath al-Bari and other [works] from the words of the Imams of Hadith. And the end of the matter was the outlawing [of temporary marriage] as was established in the Sahihain and other [books].

Based on this, the issue is not without some possibility that Ibn Abbas was aware of the unlawfulness [of temporary marriage] or was unaware. Even with the two possibilities, there is no proof that he spoke of its permissibility. If he was unaware [of its unlawfulness] then the matter is clear and that is: he came to a verdict of permissibility based on what [was the case] initially, where it was allowed. Then its permissibility was abrogated by its unlawfulness and he was unaware of this, so he is excused. But it is not permissible for anyone to follow him in this [matter], because whoever knows a proof is [held up] over the one who doesn’t know. And the benefit of the doubt should be given to Ibn Abbas, may Allah be pleased with him, as with the rest of the Companions, that they hastened to fulfill the commands [of the religion]. Thus, if Ibn Abbas had been aware of this, he would not have allowed himself to go against it.

But, supposing that he knew that the last of the matter was its unlawfulness – and this has been established from him in Bukhari and others that Sayyiduna Ali and others informed him of it, then the response is:

That it was narrated from him that he went back on what he had said when he realized that the final matter was its unlawfulness. If this is established, then this is a non-issue and there is no debate.

If it can’t established that he went back [from allowing temporary marriage] then this is only what a Companion has said, and he and others [in this matter] cannot be proof in the face of clear, rigorously authenticated texts. The proof is in the Book of Allah and the tradition of His Messenger, peace be upon him. So what has been established from them textually takes precedence over anything else.

There is general conviction among the Imams after Ibn Abbas that temporary marriage is unlawful, with no difference among any of the Imams of Ahl al-Sunnah. The only ones who differed were the Shiites, and their differing is not considered. So the consensus of the Imams after Ibn Abbas is proof over everyone else.

But what of the question of how Ibn Abbas could have kept on saying that [temporary marriage] was permissible in spite of what was established in Bukhari and other [books] that he knew of its abrogation?

The answer: His persistence in saying that [temporary marriage] was permissible should be interpreted as his not having received evidence of its abrogation. For this reason, he kept saying that it was permissible. But if he had received evidence of its abrogation and conceded this, then far be it from him and other Companions that they would insist on going against a text of the Messenger, peace be upon him. So his excuse is that he was not certain of its abrogation until he was told of it by some of them [Companions].

Ibn Hajar said in Fath al-Bari: “And the righteous predecessors differed about temporary marriage. Ibn Mundhir said: ‘The earliest Companions allowed it, and I don’t know of anyone today that permits it, except some of the Rafidites [a Shiite sect]. And there is no significance for any saying which goes against the Book of Allah and the tradition of His Messenger.’ And ‘Iyad said: ‘Then occurred the consensus of all the scholars that it was unlawful, except for the Rafidites. As for Ibn Abbas, it has been narrated from him that he allowed it. And it has also been narrated that he went back on this [position].’ And Qurtubi said: The narrations all agree that temporary marriage was not allowed for very long and that it was outlawed. Then the predecessors and the successors come to a consensus that it was unlawful, except for those of the Rafidites, who are not paid heed to. And a number of the Imams have determined that Ibn Abbas was alone in permitting it. This is a famous question that is a rare example of a difference of opinion. But Ibn ‘Abd al-Barr said: Ibn Abbas’s associates from Mecca and Yemen allowed it. Then the jurisprudents of the various Muslim lands agreed on its unlawfulness.”

As to narrations of its permissibility from other than Ibn Abbas from the Companions and the next generation, these have been explained by Ibn Hajar in al-Fath that some of [these narrations] have not been established, and who was established [to have permitted it] went back on [his position], so what he had said [previously] should be reviewed.

The upshot is that the consensus of the recognized Imams that temporary marriage is unlawful nullifies all controversy about this issue.

And Allah alone gives success.

Amjad Rasheed

[Padishah]

Temporary Marriage & Avoiding Arguments
Answered by Shaykh Faraz Rabbani


Q. I have some questions about the prohibition of mut'a (temporary marriage). First, how do Sunni/Hanafi scholars understand the meaning of the word normally translated as "enjoy" in sura 4:24, (I think "istimta'")? The translation normally goes "And those of them you enjoy/seek content from/derive benefit from, pay them their dowers. Is this normally taken by Sunni scholars as referring to temporary marriage?



Walaikum assalam,

It refers to valid relations between men and women, through proper marriage, because it is decisively established that temporary marriage is both forbidden and invalid.

Imam al-Marghinani stated in his al-Hidaya:

“Temporary [mut`a] marriage is invalid. It is for a woman to say, I will be [f: lit, “enjoy you”] with you for such-and-such time for such-and-such amount of money.”

Imam Kamal ibn al-Humam stated in his commentary on al-Hidaya, Fath al-Qadir:

“The meaning of mut`a marriage is a contract that ends with the ending of the (specified) time.”

Imam al-Marghinani continued:

“(The permissibility of mut`a) was abrogated, as confirmed by the total consensus (ijma`) of the Companions (Allah be pleased with them).

Imam Kamal ibn al-Humam explained:

“As for the evidence for the abrogation itself it is that which Muslim recorded in his Sahih that, “The Prophet (Allah bless him and give him peace) forbade it on the Day of the Opening (of Makka). And in both the Sahih collections (f: Bukhari & Muslim) that, “The Prophet (Allah bless him and give him peace) forbade it on the Day of (the battle of) Khaybar.” This is understood to mean it was abrogated twice…

And in Sahih Muslim, the Prophet (Allah bless him and give him peace) is recorded to have said, “…Allah has forbidden it [temporary marriage] until the Day of Judgement.” The hadiths about this are many, and well known…

The prohibition is final, and there is no difference about this between the scholars of the lands, except some Shi`a.” [al-Hidaya with its commentary, Fath al-Qadir, 3: 246 – 247, Dar al-Fikr edition]

Avoiding Arguments

It is important to avoid arguments with Shi`as and others--unless one has a strong foundation and depth of sound knowledge of the Sacred Law and there is some clear religious interest to be served in such argumentation or debate.

Often, those given to argument spend a lot of time and energy arguing, and can be very good at it. So one can be swept away by their arguments and claims, often unwittingly, or end up misrepresenting the truth.

The truth remains true, whether someone can defend it or not. But the person involved and others can be shaken by such matters.

The way of the early Muslims and scholars of guidance is to avoid polemics and arguments as much as possible. When one fears fitna or harm, then one should go to reliable scholars of taqwa and wisdom to seek guidance and direction, for they are the inheritors of the Prophets.

May Allah protect us from trials and fitnas, outwardly and inwardly.

Wassalam,
Faraz Rabbani.

[Padishah]

Temporary (Mut`a) Marriage
Answered by Shaykh Faraz Rabbani

What is the reality of mut`a marriage? Is it permitted? Isn’t it a way out for frustrated youth?


Imam al-Marghinani stated in his al-Hidaya:

“Temporary [mut`a] marriage is invalid. It is for a woman to say, I will be [f: lit, “enjoy you”] with you for such-and-such time for such-and-such amount of money.”

Imam Kamalibnal-Humamstated in his commentary on al-Hidaya, Fath al-Qadir:

“The meaning of mut`amarriage is a contact that ends with the ending of the (specified) time.”

Temporary (mut`a) marriage is prohibited and invalid by absolute scholarly consensus (ijma`), as established by decisive primary evidence. As for the ‘difference’ of the Shi`a on this point, their positions are of no scholarly weight when it comes to matters they deviated from the Sunni understanding, because of the fundamental flaws in their legal methodology.

The wisdom behind its prohibition is obvious: it goes against the very purpose of marriage, as outlined in the Qur’an and Sunna.

Imam al-Marghinani explains that:

“(The permissibility of mut`a) was abrogated, as confirmed by the total consensus (ijma`) of the Companions (Allah be pleased with them).

Imam Kamalibnal-Humamexplained:

“As for the evidence for the abrogation itself it is that which Muslim recorded in his Sahihthat, “The Prophet (Allah bless him and give him peace) forbade it on the Day of the Opening (of Makka). And in both the Sahihcollections (f: Bukhari& Muslim) that, “The Prophet (Allah bless him and give him peace) forbade it on the Day of (the battle of) Khaybar.” This is understood to mean it was abrogated twice…

And in Sahih Muslim, the Prophet (Allah bless him and give him peace) is recorded to have said, “…Allah has forbidden it [temporary marriage] until the Day of Judgement.” The hadithsabout this are many, and well known…

The prohibition is final, and there is no difference about this between the scholars of the lands, except some Shi`a.” [al-Hidayawith its commentary, Fathal-Qadir, 3: 246 – 247, Dar al-Fikredition]

Avoiding Arguments

It is important to avoid arguments with Shi`asand others, unless one has a strong foundation and depth of sound knowledge of the Sacred Law. People of innovation and misguidance spenda lot of time and energy arguing, and can be very good at it. So one can be swept away by their arguments and claims, often unwittingly, or end up misrepresenting the truth.

The truth remains true, whether someone can defend it or not. But the person involved and others can be shaken by such matters.

The way of the early Muslims and scholars of guidance is to avoid polemics and arguments as much as possible. When there is misguidance being spread, or harm being caused by the people of innovation, such as the Shi`a, then one should go to reliable scholars of taqwaand wisdom to seek guidance and direction, for they are the inheritors of the Prophets.

May Allah protect us from trials and fitnas, outwardly and inwardly.

Wassalam,
Faraz Rabbani

[PragmaticGal]

Imagine that.

[musika man]

[quote="PragmaticGal"]Imagine that.[/quote]

^^

imagine what? are you interested in short term contracts? do you hate long term committments?

[PragmaticGal]

I do actually. Even the thought makes me feel queasy. I like the idea of marriage with a set expiration date, no pressure.

[Seoma [Crawler2]]

[quote="AbdiWahab252"]My Arab friend was telling me of these temporary marriages that you could enter and avoid the whole trappings of a permanent one & avoid zina at the same time.

Is this legit ? Ever tried it ? Opinions ? Is it an answer to boy/girlfriend relationships ?

http://en.wikipedia.org/wiki/Nikah_Misyar

Nikah Misyar or "travellers' marriage" (Arabic: نكاح المسيار‎) is the Sunni Muslim Nikah (marriage) contract carried out via the normal contractual procedure, with a negotiated understanding between the couple that the husband is not obliged to fulfill his usual financial commitments, and the wife lives a separate or independent life also free from her marital commitments. The couple continue to live separately from each other, as before their contract, and see each other to fulfill their needs in a halaal manner when they please.

Essentially the wife gives up some of her rights, such as; living with the husband, equal division of nights between wives in cases of polygamy, rights to housing, and maintenance money ("nafaqa"), while the husband also gives up his normal marital rights[1][/quote]


i dont know if some one explained or not i've not read the rest of the replies.

Mesyar n temporary marriage or mot-ah are different marriages n got different system.

نكاح المسيار‎: usually practised in the gulf which an older woman who has her own house n financially well off. she may be divorced with kids or without or never married and she is her late 30s, 40s has her own job marries a married man who has kids and family. she sacrifices her rights as a wife n he comes any time he gets time.

this marriage has no limited time. its just normal marriage only different from normal marriage is she gave away her rights to be financelly supported or her rights to have certain time. man can come any time he wants.

زواج المتعه: which is translated to temporary marriage that is normally practiced by shia muslims n never sunni arab.

this marriage is different you agree in the marriage contract that you'll be married to her a week, month, year or any amount of time you two agree to after that you either make it normal marriage or when time is up each of you go to their way.

[musika man]

[quote="PragmaticGal"]I do actually. Even the thought makes me feel queasy. I like the idea of marriage with a set expiration date, no pressure.[/quote]

^^^

how long are you thinking, months and years, specify? i got a singleminded uncle who thinks like that.

[PragmaticGal]

I rather work on convincing someone local.

But I'm thinking 2 years. Everyone says the first 2 years of a marriage is the honeymoon period. I think there's a reason for this; people are not meant to be together for longer than that. This "until death do us part" business is inhumane and archaic. It may have made sense in the days when the human lifespan was 40-50 years, but people live to their 70s and 80s now! If you marry someone in your 20s or 30s you're looking at another 40-50 years of matrimony!

Jesus. I have to go lie down for a bit.

[musika man]

[quote="PragmaticGal"]I rather work on convincing someone local.

But I'm thinking 2 years. Everyone says the first 2 years of a marriage is the honeymoon period. I think there's a reason for this; people are not meant to be together for longer than that. This "until death do us part" business is inhumane and archaic. It may have made sense in the days when the human lifespan was 40-50 years, but people live to their 70s and 80s now! If you marry someone in your 20s or 30s you're looking at another 40-50 years of matrimony!

Jesus. I have to go lie down for a bit.[/quote]

^^^

if you feel that "until death do us part" business is inhumane and archaic" why marry? live with him for 2 years and move to another victim.

[PragmaticGal]

Because I wanna take him home to meet grandma and get her blessings. She's close to 80.

[e!]

89% of somali marriages end up in divorce.

[Gacalisa]

I heard of this before, its weird though, how can you have a temporary marraige, when Allah hates divorces.

but there is another type marriage, where the two would get married but they would not move in together, they would still live with their families. They are free do whatever, but as soon as the girl gets pregnent then he has to take her to home, move out of thier families homes.

[musika man]

[quote="PragmaticGal"]Because I wanna take him home to meet grandma and get her blessings. She's close to 80.[/quote]

^^^

take a friend to her and pretend he is your husband. @ 80 and somali, she must have poor sights.

[quote="e!"]89% of somali marriages end up in divorce.[/quote]

^^^^

that is no true. those numbers are from thin air and exxagerated. about 30%.

[e!]

[quote="musika man"][quote="PragmaticGal"]Because I wanna take him home to meet grandma and get her blessings. She's close to 80.[/quote]

^^^

take a friend to her and pretend he is your husband. @ 80 and somali, she must have poor sights.

[quote="e!"]89% of somali marriages end up in divorce.[/quote]

^^^^

that is no true. those numbers are from thin air and exxagerated. about 30%.[/quote]

30%, is much lower than the 50%+ divorce rate in the west