Temporary Marriage (Muta’a)
No’man: How do you legitimise yourself ----- you Shia’as ----- Muta’a, yes temporary marriage or truncated marriage when all Muslims have declared it illegitimate!
Rida: As Omar Ibn Khattab says, ‘Rasool Allah legitimised it and permitted it’!
No’man: And how was it?
Rida: Narrates Jahiz
, Qortubi
, Sarkhasi al Hanafi
, Fakhruddin Razi
, and many other Sunni scholars that Omar in his address said: There were two Muta’a permitted during the age of the Holy Prophet (PBUH & HP) and I nullify & invalidate them and punish their perpetrators....... Muta’a of Hajj and Muta’a of Woman!
And in the History of Ibn Khalqaan
, it is written that Omar said: There were two Muta’a permitted during the age of the Holy Prophet (PBUH & HP) & Abu Bakr and I prohibit them. So what do you say No’man? Do you believe what Omar said that two Muta’a were legitimate during the time of the Holy Prophet (PBUH & HP) or do you say helied
?
No’man: Of course I believe.
Rida: So are we justified in rejecting what the Holy Prophet (PBUH & HP) ordered us and accepting what Omar rambled?
No’man: Justified in rejecting Omar’s prohibition!
Rida: Then what does “Prohibitions of Mohammed are Prohibitions till the Day of Judgement and Permissions of Mohammed are Permissions till the Day of Judgement”
mean and this Hadith being agreed upon by all the sects of Islam without any exception?!
No’man ----- after deep thinking -----: What you say is indeed true, but how do we refuse them? And on what basis is their prohibition based?
Rida: This saying of Omar was only his personal opinion and every such endeavour of Religion requires substantiation from Islam; hence every such endeavour cannot be accepted!
No’man: Even if such endeavour (Ijtihad) is from Omar ibn Khattab?
Rida: Even if it had been from one greater than him! Do you not consider following Commands of ALLAH and the Holy Prophet (PBUH & HP) is morerightful
than following Omar bin Khattab?
No’man: And is there a Verse in Quran for Muta’a and its permissibility?
Rida: Yes, this is what the Lord All Mighty says
:
فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً
And as such of them ye had Muta’a withthem,
give them their dowries as a fixed reward;
And Allama Ameeni in his book Al Ghadeer has quoted many sources from Sunni books like Musnid Ahmed ibn Hanbal Imam of Hanbali Sect, and others that confirm this Verse was revealed for Muta’a and it was the first Verse permitting it.
No’man: I was not aware of this before.
Rida: Refer to Al Ghadeer and you shall find more than I have mentioned more than what I have told you about it. So, you give up what ALLAH and HIS Prophet (PBUH & HP) permitted & allowed to take what Omar refused & prohibited? Again, I am in whose Ummah?Ummah of the Holy (PBUH & HP) or Omar?
No’man: Of course from Ummah of the Holy (PBUH & HP) & certainly it is a privilege for Omar to be in the Ummah of the Holy (P.B.U.H. & H.P.)!
Rida: So then what is your stand in accepting saying of the Holy (P.B.U.H. & H.P.)?
No’man: The agreement of all Muslims over the prohibition of Muta’a causes me anguish.
Rida: There is absolutely no agreement between Muslims over this issue at all!
No’man: How so?
Rida: O’ No’man, you know that Shia’as permit Muta’a Al Nisa’a and Shia’as make up more than one - third of Muslims, so what agreement came out from 2 million Muslims and they are Shia’as?
Again, the Holy Ma’asoomeen (Infallibles) ----- the Progeny of the Holy (PBUH & HP) ----- whom the Holy (PBUH & HP) likened them to Ark of Noah, whosoever boarded it is saved and whosoever keeps away from it is drowned & is lost
, and he said, “I leave amongst you two weighty things, Book of ALLAH and my Progeny, my Household, never shall they separate until they come back to me on the Fountain (of Kauthar)
.
These (P.B.U.T.) are those whom if anyone follows succeeds and reaches Truth and those who follow others & back away from them (P.B.U.T.) are from those gone astray and lost...... these (P.B.U.T.) are the ones who permitted Muta’a Al Nisa’a and saw to it that it is not repealed, and the Shia’as took it from them (P.B.U.T.)!
And it is correct when Imam Ameer al Mo’mineen (A.H.S.) declared: Had not Omar banned Muta’a, no one would have fornicated except the cruel
....... meaning, Omar banned Muta’a for the reason that people may not know the difference between Muta’a & Temporary (Nikah) Marriage, and most people did not have means enough to have a Permanent (Nikah) Marriage, so people started illicit relations once Muta’a was prohibited.
So where is consensus of Muslims and all these Imams of Muslims who stress upon the validity of Muta’a and its permissibility? Added to this, many of the Companions, and their later followers and Muslims in general, rejected Omar’s banning of Muta’a, basing their opinions upon Holy Quran & suggestion of the Holy (P.B.U.H. & H.P.). I present for you some of those persons and their view - points:
Imran Ibn Haceen: He said....... A Verse for Muta’a was revealed but no Verse ever came repealing it, so ordered us the Holy (PBUH & HP) and we performed Muta’a with him, and he died but did not revoke his order about Muta’a; later the man said what he wished to in its regard.
Jabir Ibn Abdullah Al Ansari & Abu Sa’eed Al Khudari said..... We performed Muta’a till half the period of Omar until he prohibited it in a case of Amroo Ibn Hareeth.
Abdullah Ibn Maso’od, Addah Ibn Hazam in Mahalla and Zorqani in Sharh Muwatta were those who stood steadfast on legality of Muta’a Al Nisa’a.
Huffaz says..... We were in a Ghazwa with the Holy (PBUH & HP) and we did not have women so we said: O Prophet of ALLAH! Should we castrate ourselves? He prohibited us from doing so and awarded us permission to perform Temporary Nikah and then said
:
O’ ye who believe! Forbid not (to yourselves) the good things that ALLAH hath made lawful for you and do not transgress the limits; Verily Allah loveth not the transgressors.
Abdullah Ibn Omar: Narrates Ahmed Ibn Hanbal ----- Imam of Hanbali Sect ----- from Abd Al Rahman Ibn Na’am
Al A’araji who said: A man asked Ibn Omar about Muta’a ----- & I was with him ----- Muta’a Al Nisa’a? So he answered: By ALLAH, in the reign of ALLAH’s Prophet, we were neither fornicators nor immoral
.
Abu Sa’eed Al Khudari:
Salmah Ibn Omayyah Ibn Khalaf:
Narrated from them Ibn Hazam in Mahalla and Zorkhani in Sharh al Muwatta’.....they
both performed Muta’a with women and Temporary marriage.
Ma’bad Ibn Hazam in Mahalla says he always considered Truncated Marriage as Halal (religious permitted)
.
Zubair Ibn Awam: Abdullah Ibn Zubair taunted Abdullah Ibn Abbas for his permissibility of Muta’a, so he said, ‘Ask your mother what went on between her and your father’? So Abdullah Ibn Zubair asked his mother and she replied him..... I did not give birth to you but through Muta’a!
This is a solid proof for Zubair’s proposal of Muta’a Al Nisa’a.
Khalid Ibn Mohajir Ibn Khalid Al Makhzoomi:Says .....
He was sitting with a person when a man came to him and asked for his Fatwa (Religious decree) on Muta’a and he readily gave in its favour. Hearing this, Ibn Abi Omrah Al Ansari said, ‘Wait,wait’
! Khalid retorted, ‘What is it? By ALLAH, I performed Muta’a during the reign of Imam AlMuttaqeen .....
meaning
Imam Ali Ibn Abi Talib
(A.H.S.).
Amroo Ibn Hareeth: Hafiz Abd Al Razzaq took from Ibn Jareeh and mentioned in his Musnif and said...... Abu Zubair informed me quoting Jabir saying, Amroo Ibn Hareeth came to Koofa and performed Muta’a with a Slave Girl and came to me with her & she was pregnant; I asked him and he confessed! He said: This is whence Omar prohibited it!
And there are many more than these who showed their rejection of Omar’s outlandish blurting against Quran and Prophet’s practice (Sunnah) in banning Muta’a....... like: Obayy Ibn Ka’ab, Rabee’ah Ibn Omayyah, Sameer or Sameerah Ibn Jundub, Sa’eed Ibn Jubair, Ta’oos Al Yamani, Ata’a Abu Mohammed, Sadi, Mujahid, Zafar Ibn Aus Al Madani, and many more from companions, their followers and many pious Muslims. So now O’ No’man I ask you: After all this, do you still say there is consensus among Muslims for opposition to Muta’a?
No’man: I am sorry, pardon me.
I had merely heard what I told you without finding out its truth or its falsity, & now it has dawned upon me that it is imperative upon me that I should search for the facts & get to its origin and its realities free from religious bigotry & bias.
Rida: Do you now embrace the truth that Muta’a is legitimate (Halal) & permitted (Mubah)?
No’man: I accept that this is true and accordingly acknowledge, and I believe that those who declared it to be illegitimate and against Islam were those who did so merely following the dictates of their minds & inclinations of their own emotions / passions! And certainly the Holy Quran is commanding its legitimacy and permissibility without ever banning it.
And clearly neither Omar nor anybody else greater than him has the authority to change or alter Commands of ALLAH and I am almost surprised of Omar how he issued a fatwa against Muta’a when there is absolutely no justification for it.
I plead from you a further request to provide me a list of Books pertaining to this topic so that I can do further research in it and hence never forget it.
Rida: Yes I will give you a list you can write their names and get them from Book Stores or Library...... read them carefully with deep thought anddo
not allow fanaticism or bigotry to overcome you while reading.
No’man: Yes, I will do so.
Rida: Al Ghadeer...... by Allama Ameeni, Al Nass Wa Al Ijtihad by Imam Sharaf Al Deen, Al Muta’a by Toufiq Al Fakiki, Al Fusool Al Muhimmah; these are some of the Books.
No’man: I thank you very much, and I pray ALLAH for your well - being.
Rida: Here is another objection to those people who took the utterance of Omar for Muta’a Al Nisa’a.
No’man: What is it?
Rida: Omar prohibited Muta’a Al Nisa’a and Muta’a Al Hajj so then what is the reason that Sunnis accept Muta’a Al Hajj but refuse Muta’a Al Nisa’a? For, if the statement of Omar was correct, then both the Muta’a should have been illegitimate or Haram! And if Omar’s statement was invalid & incorrect, then both the Muta’a should have been perfectly legitimate and Halal!
No’man: And do Sunnis affirm & accept Muta’a Al Hajj?
Rida: Indeed, refer to Books so you know the truth!
No’man: Thank you very much.