sino:

.

@bold, Seriously? I can understand usermane making such comments, but not you. Qur'an 4:3 can easily nullify such claims, "what your right hand possesses" is in regards to marriage and nothing more.
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AlBaqir:
Dear brother it is not every narration you will expect explicit reasons to be stated alongside it. You only get the true meaning of that Hadith by comparing it with other Hadith of the same genre. There are numerous ahadith attributed to Imam Jafar sadiq that permitted mut'a. This suggest this Hadith is given another ruling which makes mut'a makrooh (dislike) when there is no justification for it.

There are various explanation like this in all schools and it is part of science of Hadith.

Besides , the Hadith if Ibn Sinan never in anyway suggest mut'a to be forbidden.

AlBaqir:
No matter how meritorious an act is, if there is no justification for its practice, it is null and void. It is obvious people are sinning on various practices for they rush into this practice based on the Merits on it. I once cited example of polygamy. How many Muslims uphold the condition for it before jumping into it? People treacherously jump into polygamy saying it is sunnah and must be practice. Another good example is Jihad. People are killing and being killed on the basis of merits surrounding Jihad. Nobody seem care about the conditions that uphold jihad.

Mut'a can be halal, mubah, makrooh, mutlaq etc depending on the circumstance at a particular point in time and with individual condition. Islamic law is not rigid but flexible in some cases but no doubt people have abuse this laws.

AlBaqir:
This Hadith is graded Daeef. kindly visit www.sunah.com

Besides it is against the ilm Quran in the fact that the ayah cited in this narration (sura mu'minun: 5-6) was revealed before the verse of mut'a (sura Nisa: 24) . A previous ayah can never abrogated a later ayah.

Interestingly this is the argument of the same Ibn Abbas who argued in favor of the permissibility of mut'a stating that Allah revealed ayah to permit it and no ayah was later revealed to forbid it.

Kindly see the dialogue BTW myself and lanrexlan for full reference.

AlBaqir:
@underlined, that is the reason Islamic sharia is not set based on man's feelings and thinking. How many woman will truly welcome a second woman for example. There are lots if rules in Islam that are not palatable to the so-called moral system of the society. You only need to judge Islam within its codes of laws if you are to be fair. What seem repulsive to you is accepted to others therefore only Allah Has the right to set laws.

AlBaqir:

That aside, mut'a is a legal contradict between two parties under supervision of a guardian - jurist or Imam. Both parties must be aware of the rules and a woman is given liberty to demand as she wish and set her own terms and conditions.

In fact I see those rulings on mut'a aside the fact that they were derived from various Hadith, as a boast for woman to become aware of the seriousness of mut'a thereby set her own conditions or back away from the practice. See the case of divorce in Islam. A woman has no equal rights as man in the law.

@ Bolded, note that mut'a is makrooh intact some mujtahid declared it haram for a virgin lady. It is strictly limited to widows or some of these independent women like divorcee etc.

AlBaqir:
You as a father or brother can allow mut'a to take place between your daughter or sister respectively with her fiancee on several conditions agreed by both parties. One of such conditions might be no s.Ex. If such conditions is set, it is up to each party to uphold it as Allah is watchful of our affairs. Those who go against mut'a thought it to be s.ex s.ex s.ex practice but it is not. This makes lot of sense than daughters and sisters enjoying themselves secretly through fornication or self-service. Mut'a can be design to be a step towards marriage.

@second underlined, there are several reasons expressed by the holy Quran and Hadith for marriage. You only cited one. Another reasons are s.ex and procreation. And of course sense of belonging and protection. prophet's marriage to many women was never because of s.ex, procreation, love and affection but to protect some old widows and restore their pride.

AlBaqir:
We do not deny this Hadith. But it is graded daeef on the ffg points:

1. The chain is weak in our recordings.
2. A reported sayings cannot abrogate an existing ayah of the holy Quran. As Allah says in the holy Quran, only a new ayah can abrogate another ayah.
3. Another sahih Hadith nullify this. Imam Ali was reported to have said: "Had Umar not forbidden mut'a, only the wretched will commit zina"

NB: Pls go back to lanrexlan and myself's dialogue to view the references.

This Hadith is equally graded sahih by the Sunnis. Had Imam Ali ever reported the Hadith that prophet has forbidden mut'a, he would never later ascribed the forbid to umar.

AlBaqir:
1. Kindly set your reference right for I don't think there is such chapter as "temporary marriage" in Ibn Majah.

2. Assuming there is, what is the grading of that hadith?

3. There are numerous sahih Hadith attributed to Umar in his sermon that clearly stated him to have forbidden mut'a on its own will. In fact, in his sermon he says "mut'a is used to be practice during the time of the prophet but I forbid it henceforth... "

This Hadith has many sahih chains and shawahid compare to that single Hadith.

Various Sunnis Imam like Suyuti, tabari, wahidi et al claimed Umar to be the 1st to forbid mut'a. I have cited reference to this.

4. I personally saw that Hadith as a con and fabricated one to support Umar so that the world will not against him having rule against Allah and His prophet. My resolution is the case of Tarawih. kindly check maclatunji's side talk thread to see tbaba and Albaqir's dialogue on that.

AlBaqir:
I agree with you on communication laspes then, but definitely not on this case. My resolution is the case of Forbidden of mut'a at the conquest of makkah . Ibn sabra aljuhanni was the only sahaba who reported it despite the fact that tens of thousands of companions were present and reported many sayings of the prophet. In fact Ibn Sabra claimed to have seen the prophet while addressing the public.

Lastly, Nearly ALL Sunnis muffassir concur that verse 24 of al-nisa was revealed for mut'a. Besides the word used in this verse "istamtatum" is exactly the same word used in several ahadith that showed the legality of mut'a. This word is the root verb of mut'a. I have explained this before.

In lieu of this clear argument, there is no way you can interpret this ayah outside its meaning. Many companions like Ibn Mas'ud, Ibn Abbas used to read the verse with additional phrase "for a fixed time."

AlBaqir:


I can only wonder how you derive your tafsir of " those who your right hand possess" in the context of legal marriage. No sunni muffassir ever make such tafsir. In fact I laughed when I saw what sunni ulama wrote on the ayah. username gave you a citation of ibn kathir. You seem not interested that's why I do not want to cite other references.

May Allah be our sole guide not our desires. In share Allah soon I planned to open a thread on Islamic view on slave and this issue will also be treated as well.

usermane:
Tell it to the birds, sino. Concentrate on the topic and forget usermane.

Empiree:
^^^I think LagosShia is right. I still believe that 'Malika yamin' is different from full house wife or conventional marriage. It is there for a purpose. But I only agreed with sino for argument sake in terms of malikyamin. My question to LagosShia is what is correlation btw Mu'tah and malika yamin?. Malikayamin is halal.
The problem I had on this issue it why would the Sunni ulama screaming and condemning Mu'tah outright without any form of explanation?. They talk as if it was never allowed at some point. Thanks to sino and lanre. They dogged ahadith from Sunni text to prove it was halal at some point. This differ from the way average Sunni scholars portray it. And they never talked about misyar practices in SA/ME. I read about misyar from horses' mouth. Those women are not happy. However, a Sunni scholar explains Malika Yamin. From his explanation, it shows that Malikaymamin is protection of certain women and it's temp, she offers herself freely and it's halal. Hope I have a little chance later and post either his video or explain what he said.
From Quran, it seems that Malika Yamin is a different function conventional marriage. Wallahu Alam.

MrOlai:
@sino. Thanks so much for ur fantastic contributions. May Allah(SWT) in His infinite mercy bless u in manifold. May Allah(SWT) protect, guide & assist u in all ur endeavours. May Allah(SWT) never let u astray, ur kids and generations dat'll come after u. E ko ni mo apada si aburu Insha Allah (Amin). I'm highly impressed! You've really done justice to d topic.
For Albaqir & others dat are spreading evils on d land, well, Allah(SWT) knows how to judge them! My prayer for them is Allah's guidance b4 it's too late!

mulkul yamin are female captives during war, especially of those whose husbands were fighters and got slain.

MrOlai:
@sino. Thanks so much for ur fantastic contributions. May Allah(SWT) in His infinite mercy bless u in manifold. May Allah(SWT) protect, guide & assist u in all ur endeavours. May Allah(SWT) never let u astray, ur kids and generations dat'll come after u. E ko ni mo apada si aburu Insha Allah (Amin). I'm highly impressed! You've really done justice to d topic.
For Albaqir & others dat are spreading evils on d land, well, Allah(SWT) knows how to judge them! My prayer for them is Allah's guidance b4 it's too late!

Empiree:
you dont smile at on NL

sino:

you know I've been thinking of a title to give him though, I think I'll have one before the day runs out lol

sino:

.

AlBaqir:


@sino,
Dear brother, salam alaykum. I really enjoyed your line of argument and sincerity. In fact, so far you and lanrexlan have displayed the Quranic injunction of "wisdom, good manners and exhortation" which Quran enjoyed in dialogue. May Allah give us His taofeek to understand more.

So far, I think we've been able to narrow down our dialogue to three areas whereas certain level of agreement and understanding have been reached in other areas.

The remaining three areas are as follow:

1. Sunni Tafsir of ayah 24 of sura Nisa; with Sunni Ulama's view.
i. Exposition of the previous and later ayah to get the explicit of verse 24.

2. The hadith of Imam Ali (as) about 'prohibition of mut'a at khaybar'.

3. Sermon of Umar vs hadith that proved his prohibition simply meant ref to prophet's prohibition.
****************

AlBaqir:
1. Tafsir of Q.4 vs 24
[b]The following are sunni tafsir that affirmed that the above ayah was revealed pertaining to Mut'a [/b]leaving aside their various arguments that it was later forbidden:

*Tafsir kashaf, vol. 1 p. 20 commentary of sura Nisa

* Tafsir Ibn kathir, vol. 1 p.84

* Tafsir Tabari part 5 pg. 9

* Tafsir Qurtubi, vol. 5 p. 60

* Tafsir Khazan, vol. 1 p. 63

* Tafsir Kabir, Fakhr deen Razi, vol 3 p. 95

* Tafsir Durr al-Manthur, vol. 2 p. 140

* Tafsir Ahkam al-Quran, vol. 2 p. 45

* Tafsir Haqqani, vol. 2 p. 3

* Tafsir al-Thalabi, vol. 1 p. 363

* Al-Majmoo, by Imam Nawawi, vol. 16 p. 253

AlBaqir:
@Sino,
Exposition of The Context of the verse
The context of the verse also indicates it refer to 'temporary marriage'. In the preceding verses, the Quran forbids acts of injustice toward women. "Oh believers, it is not lawful for you to inherit from women against their will; neither debar them, that you may go off with part of what you have given them." ~Q4:19

The most commonly accepted interpretation of this verse is that it forbids the pre-Islamic Arab custom of inheriting stepmothers. When a man died, one of his sons would inherit his wife, as long as she was not his own mother.

The next verse reads in part as follows: "And if you desire to exchange a wife in place of another, and you have given to one a hundred-weight, take of it nothing" ~Q.4:20. In other words, if a man divorces a wife to marry a different wife, he must not take back any of the dower that he has given the first, even if the dower is a very large one and he desires only a small part of it.

The next subject referred to in this passage is the marriage of one's father's wife: "And do not marry women that your fathers married..." ~Q4:22. Both this verse and verse 19 were revealed after Abu Qays ibn al-Aslat died and his wife was inherited and married by his son Muhsin.

In the following verse (4:23) the Quran enumerates the women who are forbidden to men. These are divided into seven kinds stemming from blood relationship and seven more stemming from other causes: "Forbidden to you are your mothers and daughters...". The next verse adds a 15th category of women forbidden to men: "And wedded women, save what your right hands own." It continues with the words quoted above: "Lawful for you is what is beyond all that." In other words, any woman not belonging to one of the 15 categories is permitted, whether by marriage or ownership.

Next the verse states: "that you may seek, using your wealth, in wedlock and not in license." Grammatically, this clause is in apposition to "what is beyond all that". It explains the legitimate mode of seeking relationships with women, whether as the result of marriage or the purchase of slaves.

The next part of this same verse states as follows: "So those of them whom you enjoy, give them their appointed wages." The word 'so' (fa) shows that this part of the verse is the conclusion reached by the previous words. This section is either part of the previous subject matter, or an example of it; in other words, its relation to the previous section is either that of the part which is completing the whole, or the particular example to the universal principle. And since the previous section deals with the different kinds of legitimate sexual relationships, either by marriage or the purchase of slaves, we can conclude that this section of the verse is the exposition of a further kind of marriage, not mentioned previously; a kind which requires that the man pay wages of his wife.

The next verse states that if a man is too poor to marry a free Muslim woman, he should marry a Muslim slave girl...

Finally, this section of the chapter concludes with these words: "God desires to make clear to you, and to guide you to the customs of those who went before you, and to turn towards you; God is All-knowing, All-wise".
~Q.4:26

AlBaqir:
@Sino,
2. Report of Imam Ali (as) Concerning Prohibition of Mut'ah At Khaybar

"Verily the Prophet of God banned the mut'a of temporary marriage and the eating of the meat of domesticated asses."
~Al-Tafsir al-kabir, vol. III pg. 287 - 288.

In Shi'a narration, this hadith is also found but graded as fabrication of the zaidis for many reasons among which is lying attributed to some of the narrators.
Kindly visit: www.shiapen.com/comprehensive/mutah/misuse-of-shia-hadeeth.html

The other part is the 'Matn (content)' of the narration. The hadith also have a k-leg and constitute another reason why shi'a reject the hadith.

* The permission of mut'a first took place in the year Mecca was conquered. So how could 'Ali have claimed that Mut'a was banned on the Day of khaybar (3years before Mecca's conquest)?

NB: There is no Single hadith that ever claimed the prophet permitted Mut'a, before or at khaybar, not to mention of forbidden it at khaybar.

Khaybar is around 90miles off Medina. Abu bakar was the first to launch the attack of the conquest of khaybar but failed. He returned back to Madina with his troops. Umar was appointed the following day to lead the army to khaybar fortress. He alongside his troops failed and ran back. Then Ali was appointed, and he conquered the fortress. The holy prophet (saws) was not part of the mission and absolutely, there was never a complaint from any member of 'Ali's troop as to missing their wives that might have necessitate the permission for mut'ah. The only historical happening of notice at khaybar without the holy prophet's consent was the killing and eating of domesticated donkey, horses. There were groups of muslims who killed and cooked a score of donkeys which had escaped from a farm.

It is this incident that led to the holy prophet's forbid to muslims the meat of horses, mules and donkeys unless consumption was forced by necessity.
~Encyclopedia of Islam" under the chapter "Khaybar" by Veccia Vagleri L.

Therefore the only historical prohibition at khaybar was the eating of asses not Mut'ah.

AlBaqir:
@Sino,
Umar's Sermon
I have said so many about this sermon.

The sermons are too explicit and mutawattir thereby contradict the single report that Umar refer the prohibition to the prophet.

Some versions of the sermon reads:
"Two types of mut'ah existed during the time of Allah's Messenger and I prohibit people from them"

"Two types of mut'ah were present during the lifetime of Rasulullah, I prohibit them both, mut'ah of women and Mut'ah of Hajj"

In Tafsir Kabir of Imam Razi, it reads:
"Two Mut'ah existed during Rasulullah's lifetime and I now prohibit both of them"

In Musnad Ahmad Ibn Hanbali, Abi Nadhra said: "I said to jabir ibn Abdullah that Ibn Zubair prohibits Mut'ah while Ibn Abbas allows it. He (Jabir) replied:"Through me this hadith has been circulated, we performed Mut'ah with Allah's messenger, and Abu Bakar, but when Umar become caliph he addressed the people and said:"The Quran is the same Quran, Allah's Apostle is the same apostle, and there were two types of mut'ah during the time of Allah's messenger, one was the Mut'ah of Hajj whilst the other was Mut'ah regarding women".
~vol. 1 pg 52 hadith 369

* In fact part of the sermon showed that Umar threatened people with the punishment of stoning - whoever practice Mut'ah. No doubt that is even against the shariah for stoning is for a married man/woman who committed adultery. Here Imam Fakhr deen al-Razi absolved Umar that he just used that to frighten people and not that he meant it.

** Why was Mut'ah of Hajj reversed long after Umar's death and not Mut'ah of woman? After all he prohibited the two together.
*****************

You made a very sound argument that if we assumed that it was Umar who prohibited Mut'a during his days as a caliph, why were Uthman and Ali not revert the practice back?

I don't want to say much about the khilafa of Uthman. That is another subject on its own. But suffice is to say that Uthman's assumption of power was characterized by the oath he made to follow the "Quran, the sunnah of the prophet and the sunnah of the two sheiks (Abu Bakar and Umar)".

Before Umar dies, he appointed 6 candidates: Abdurrahman ibn Awf, Zubair, Talha, Uthman, Ali and (sorry I forgot the last man). His explicit will was that his successor should be choose among the 6 and if there's dispute, and there was 2 parties, the party in which Abdur-Rahman belong should emerge where his successor will be chosen.

At the end Talha, Zubair support Ali. While Abdur-Rahman ibn Awf and x supported Uthman making two parties. However, 'Ali was told: "You are going to be appointed as the khalifa based on three conditions - that you follow Quran, the Sunnah of the prophet and the sunnah of the two sheik"

Ali rejected the third condition. Uthman accepted it and he was made the 3rd khalifa of the muslim.

The 14 years of the reign of Uthman was in line with the sunnah established by the two sheiks. So there's no going back on Mut'a.

'Ali's Khilafa
Imam 'Ali was reported to have said through many narration:
"Had Umar not prohibited mut'a, no one but a wretched will commit zina"

This is an indication that Ali had no power to overrule the prohibition of Umar or continuity of the prohibition by Uthman. Almost 3 decades of both Khilafa - Umar and Uthman.

Imam 'Ali's ruled for 4 years. Years plagued with civil wars not known at his predecessors time. In fact, the very moment he assumed power, the beats of the drums of battle can be heard everywhere.

* Battle of Jamal

* Battle of Siffin

* Battle of Nahrawan

Each of these battles lasted for months. What many historian write about the khilafa of Ali was war war war. Yet shi'a have many traditions attributed to Imam Ali that he approved of Mut'ah. We have sermons, sayings, letters, maxism etc of Imam Ali at the time of Khilafa. All these were missing in the basket of traditions of Ahlu Sunnah.

sino:

Note, I do not disagree with the fact that some sahabas, believed that the ayah is about mut’ah, true, their narrations are in books of tafsir, but it does not affirm that the ayah was about mut’ah, since there was another opinion that it is about Nikkah, which is what the majority accepted.

AlBaqir:


@sino, here are my final conclusion:

4. Question:
What is Sunni's (only those who deemed Mut'a haram) solution and verdict for a soldier's or a businessman's sexual urge who is on a mission for years or months, away from his family?

Please don't mention fasting for it cannot solve majority's problem. Even sahaba failed in this regard. I Have once iron that out on this forum.

AlBaqir:
@sino, ma sha Allah. At least weve both presented our arguments only for objective mind to take a stance.

Sorry, when you claimed mut'a is just to fulfill sexual desires, have you forgotten that Zubair ibn Awwam and Asma bint Abu bakar had children, Abdullah and Ur'wah through mut'a?

Whats sunni's position on that. Abdullah ibn Zubair later became a top dog in sunni world.
*************
Still on my question- solution to a soldier or bussinessman's sexual desire.
If what you presented is indeed sunni submission, then why is the same sunni sought solution in MISYAR NIKKAH?

This shows there is no ijma to the solution of that question. The listed points remain a theory that can never be practice by ALL. Even prominents and common sahabas failed in controlling this animal desire.

Wa salam.

Asma' bint Abi Bakr (ra)

This is the analysis of the narration of Mut`ah attributed to Asma' (ra).

The narration discussed is this one:

دخلنا على أسماء رضي الله عنها فسألناها عن متعة النساء ، فقالت : فعلناها على عهد رسول الله صلى الله عليه وسلم

[We entered upon Asma' (ra) and asked her about the Mut`ah of women, so she said: "We did it during the time of the messenger (SAWS)."]

The chain of narrators for this Hadith is:

روى شعبة ، عن مسلم القري ، عن أسماء

Shu`bah narrated, from Muslim al-Qurriy, from Asma' (then he mentions it)...

Now four people have narrated this from Shu`bah and they differed in the text of the narration.

(1) abu Dawoud al-Tayalisi from Shu`bah:

A- Yusuf bin Habib, from abu Dawoud al-Tayalisi, from Shu`bah, from Muslim al-Qurriy, from Asma' (he mentions "Mut'ah of women" )

B- Mahmoud bin Ghiylan, from abu Dawoud al-Tayalisi, from Shu`bah, from Muslim al-Qurriy, from Asma' (he mentions "Mut'ah of women" )

sources: Musnad al-Tayalisi, Sunan al-Nasa'i, Mustakhraj abi Na`eem `ala Muslim.

C- `Amro bin `Ali al-Fallas, from abu Dawoud al-Tayalisi, from Shu`bah, from Muslim al-Qurriy, from Asma' (he only mentions "Mut'ah" )

D- `Abdah bin `Abdullah al-Saffar, from abu Dawoud al-Tayalisi, from Shu`bah, from Muslim al-Qurriy, from Asma' (he only mentions "Mut'ah" )

sources: Mu`jam al-Tabarani al-Kabir, Mustakhraj abi Na`eem `ala Muslim.

(2) `Abdul-Rahman bin Mahdi, from Shu`bah, from Muslim al-Qurriy, from Asma' (he only mentions "Mut'ah" )

sources: Sahih Muslim, Mustakhraj abi Na`eem `ala Muslim.

(3) Ghandar, from Shu`bah, from Muslim al-Qurriy that he said: "I do not know whether it is the Mut`ah of women or the Mut`ah of Hajj."

source: Sahih Muslim.

(4) Ruh bin `Ubadah, from Shu`bah, from Muslim al-Qurriy: I asked ibn `Abbas about the Mut`ah of Hajj and he gave me a Rukhsa for it but ibn al-Zubayr used to prohibit it. so he said: This is the mother of ibn al-Zubayr and she narrates that the Prophet (SAWS) used to give a Rukhsa in it, soenter on her and ask her. He said: So we entered on her and she was a big blind woman, she told us: The Prophet (SAWS) gave a Rukhsa for it.

sources: Sahih Muslim, Mustakhraj abi Na`eem `ala Muslim, Mu`jam al-Tabarani al-Kabir, Musnad Ahmad.

Conclusions:

FIRST: The only narrator to mention "Mut`ah of women" in the Hadith is abu Dawoud al-Tayalisi. By doing this, al-Tayalisi differed with those who are much more numerous and reliable in Hadith, such as Ghandar, ibn Mahdi, and Ruh. It should be noted that the narration of the other three is given priority not only because they are are stronger in narrating and more numerous, but also because their narration from Shu`bah in specific is far more reliable.

SECOND: Those who narrated from al-Tayalisi also differed, a group said "Mut`ah of women" and another group only said "Mut`ah". What is more reliable is the narration of those who simply said "Mut`ah" for several reasons:

a- Those who narrated it with the Lafth "Mut`ah" are much more reliable, for example `Amro bin `Ali al-Fallas is from the strong Huffaz, and the sheikh of the authors of the six main books. As for `Abdah bin `Abdullah al-Saffar, Bukhari narrates from him, but the other two men who stated the Lafdh "Mut`ah of women" do not reach their level, this is clear because none of the authors of the six main books narrates from Yunis bin Habib.

b- The Lafth "Mut`ah" is that of the majority from Shu`bah so it gets precedence.

THIRD: The narration of Ruh bin `Ubadah has all the details of the story of how they went to ibn `Abbas (ra) and how he referred them to the mother of his opponent ibn al-Zubayr (ra) to strengthen his argument. This shows that this narration is better memorized and it is one of the factors of giving a narration precedence in case of contradiction.

FOURTH: Muslim bin Qurriy who is the main narrator from Asma' (ra) had doubts in the narration of Muhammad bin Ja`far Ghandar, from Shu`bah, that Muslim said: "I do not know whether it is the Mut`ah of women or the Mut`ah of Hajj." It is popularly known that Ghandar is from the strongest narrators from Shu`bah.

قال أحمد بن حنبل : قال غندر : لزمت شعبة عشرين سنة

Ahmad ibn Hanbal said: Ghandar said: "I stuck with Shu`bah for twenty years."

FIFTH: It is impossible that Asma' bint abu Bakr (ra) did the Mut`ah of women, because the Rukhsa that allowed the Muslims to practice Mut`ah of women was in al-Fath or in Khaybar then it was prohibited forever, and Asma' was not in the army of Ghazwat al-Fath, and she got married to al-Zubayr ibn al-`Awwam (ra) a long time before these events took place, and she did her immigration when she was pregnant with `Abdullah ibn al-Zubayr (ra), and he was the first born in Islam. So it's impossible that she did Mut`ah while she was already married and al-Zubayr (ra) is famous for being extremely jealous.

Narrated Asma' bint Abu Bakr (ra): I conceived `Abdullah bin al-Zubayr at Makkah and went out (of Makkah) while I was about to give birth. I came to Madinah and encamped at Quba', and gave birth at Quba'. Then I brought the child to Allah's Apostle and placed it (on his lap). He asked for a date, chewed it, and put his saliva in the mouth of the child. So the first thing to enter its stomach was the saliva of Allah's Apostle. Then he did its Tahnik with a date, and invoked Allah to bless him. It was the first child born in the Islamic era, therefore they (Muslims) were very happy with its birth, for it had been said to them that the Jews had bewitched them, and so they would not produce any offspring.

source: Sahih al-Bukhari.

Narrated `A'ishah (ra): The first child who was born in the Islamic Land (i.e. Madinah) amongst the Emigrants, was `Abdullah bin al-Zubayr. They brought him to the Prophet (SAWS). The Prophet (SAWS) took a date, and after chewing it, put its juice in his mouth. So the first thing that went into the child's stomach, was the saliva of the Prophet (SAWS).

source: Sahih al-Bukhari.

SIXTH: This narration is no different than that of Jabir ibn `Abdullah (ra) in which he said that they did it in the time of the Prophet (SAWS), it doesn't say that it wasn't later forbidden as was reported by `Ali (ra) and `Umar (ra) and ibn Mas`oud (ra) and others...

Question

What is Misyar / Misyaar Marriage. Is it an acceptable form of Nikah?
Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

Misyaar is described as a form of marriage in which the wife gives up her rights from her husband for example living with her in the same house and providing her with necessary expenses etc. The husband may come to see her at her parent’s home at whatever time he chooses for himself, or at a time agreed by the two.

Misyaar is been practiced in Saudi Arabia and Egypt. Wealthy men sometimes enter into a Misyaar marriage while on vacation especially to poor countries for example Egypt and Syria. Families agree to the arrangement because of the money and the hope that their girl will have some fun and visit places that she can only dream about (i.e. luxury hotels and restaurants). They also hope for some gifts at the end of the vacation and that the rich "husband" will give her some money and divorce her. Sometimes the husband keeps the wife for the next vacation and sends her some money now and then.

Many Misyaar wives hope to win the love of their husbands so that they may live with them permanently. Since the wife knows that she will most likely be divorced, she is more cautious of falling pregnant. It is believed that Misyaar merely permits men to have sexual relations without committing the sin of adultery. In Saudi Arabia 30 men and women aged between 20-40 were surveyed regarding Misyaar marriage. Over 60 percent of the men surveyed favoured Misyaar marriage with the majority of the respondents in their 20s.

The opinions of women respondents about Misyaar marriage were in sharp contrast to the males’. More than 86 percent of the women aged between 20-40 would not even consider such a marriage for themselves. Only four women, all in the over 40 category would consider such marriages for themselves or relatives. Most of the women respondents called it “legal prostitution”. Many have assimilated Misyaar to Mut’a (Shi’a temporary marriage)

The Qur’an says:

وَمِنْ آَيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً إِنَّ فِي ذَلِكَ لَآَيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ

"And among His signs is this, that He created for you mates from among yourselves, that you may dwell in peace and tranquility with them, and He has put love and mercy between your (hearts): Verily in that are signs for those who reflect" (Surah Rum V:21).

يَا أَيُّهَا النَّاسُ اتَّقُوا رَبَّكُمُ الَّذِي خَلَقَكُمْ مِنْ نَفْسٍ وَاحِدَةٍ وَخَلَقَ مِنْهَا زَوْجَهَا وَبَثَّ مِنْهُمَا رِجَالًا كَثِيرًا وَنِسَاءً وَاتَّقُوا اللَّهَ الَّذِي تَسَاءَلُونَ بِهِ وَالْأَرْحَامَ إِنَّ اللَّهَ كَانَ عَلَيْكُمْ رَقِيبًا

"O Humans fear your Guardian Lord, Who created you from a single person created of like nature its mate, and from this scattered (like seeds) countless men and women. Fear Allah through whom you claim your mutual rights" (Surah Nisaa V: 1).

The objective and the goal of marriage in Islam is to enable the spouses to dwell in peace and tranquillity which is achieved through equity, equality, and fulfilment of mutual rights. Marriage binds the spouses and leads them to live a common life and form a family that develops into a deep spiritual and sentimental relation­ship. Marriage is not merely an instrument for legalizing sexual relations, but it is an agreement which unites the very existence of the husband and wife and gives a new colour to their life. It turns them into a couple instead of single individuals and makes them complementary to each other.

The concept of Misyaar marriage is void of fulfilling many fundamental rights of the spouses and reducing the institution of Nikah to merely fulfilling ones passion. Man has been created feable and cannot control his desires and passions. Every person should be the judge of himself as to whether such marriages of this nature conform to the teachings of our beloved Nabi (sallallahu alaihi wasallam).

And Allah knows best

Wassalam

Ml. Ebrahim Desai,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah

<QUESTION>

What is a Nikah Misyar? Is this kind of marriage permitted according to Shari’a?
<ANSWER>
In the name of Allah, Most Compassionate, Most Merciful,

The term “Nikah Misyar” (translated sometimes as “travellers’ marriage” or “marriage of convenience”) is not found in the Qur’an, Sunna or classical works of Islamic jurisprudence. It is a term that has been introduced recently by those discussing a specific type of matrimonial arrangement. However, the concept of such an arrangement can be found being discussed in the works of classical Muslim jurists (fuqaha).

In order to understand the correct Islamic viewpoint regarding Nikah Misyar, it is essential to first be familiar with the exact meaning of this term, as understood by those who have discussed it.

Definition

A Misyar marriage can be defined as an official marriage contract between a man and a woman, with the condition that the spouses give up one, two or several of their rights by their own free will. These include: living together, equal division of nights between wives in cases of polygamy, the wife’s right to housing (sukna) and financial support (nafaqa). In some cases, only one right is relinquished by the spouses, such as living together, but the husband is still required to provide housing for the wife and maintain her financially, whilst in other instances, the wife gives up all her rights including housing and financial support. The bottom line in such arrangements is that the couple agree to live separately from each other, as before their Nikah contract, and see each other to fulfil their needs in a lawful manner when they so desire. At times, a Misyar marriage is contracted on a temporary basis which ends in divorce on the expiration date of the contract.

Islamic Ruling

As for the Islamic ruling concerning such marriages, there are two issues to consider:

1) Validity and permissibility;

2) Appropriateness.

I. Validity and Permissibility

If all the basic requirements for an Islamic marriage contract are fulfilled, then this type of marriage arrangement is permissible and valid, and the couple will not be guilty of being involved in an unlawful illicit relationship. The basic requirements for a valid marriage according to Shari’a are the following:

a) Offer (ijab) from one party and acceptance (qabul) from the other in one session (majlis), and that this offer and acceptance is verbal and thus heard and understood clearly. In other words, the agreement of both parties.

b) The presence of at least two male witnesses (shahidayn), or one male and two female witnesses, who hear and clearly understand the offer and acceptance. (Mukhtasar al-Quduri 2/140 & Fath al-Qadir 3/190)

c) The consent of a legal guardian of the woman (wali) is also a necessary requirement according to the Maliki, Shafi’i and Hanbali Schools of Sunni Islamic Law. However, according to the relied upon position in the Hanafi School, the marriage of a free, sane and adult woman without the approval of her guardian (wali) is valid if the person she is marrying is a “legal” and suitable match (kuf’) for her. Conversely, if the person she is marrying is not a legal match for her, then her marriage would be considered invalid. (Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/56-57 & I’la al-Sunan 11/69 in the chapter: “Having a guardian is not a pre-requisite for the validity of an adult woman’s marriage”. For more details, please refer to the answer previously posted on this website titled: “Divorced woman marrying without her guardian’s approval”).

d) The absence of a fixed time-period. It is a basic requirement of a valid marriage contract that it does not entail any agreement of it being limited to a specified time such as two moths or five days, since it is essentially the Mut’a marriage that has been explicitly prohibited by the Messenger of Allah (Allah bless him and give him peace).

Classical jurists (fuqaha) have clearly stated the impermissibility and invalidity of time-limited (mu’aqqat) marriages. Imam al-Haskafi, the renowned Hanafi jurist, states:

“A Mut’a and time-limited marriage (nikah mu’aqqat) is invalid, even if the period [of marriage] is unknown to the wife or is prolonged...” (Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/51. Also see for the Shafi’i School: Mughni al-Muhtaj Sharh al-Minhaj 4/231, for the Hanbali School: Kashshaf al-Qina’ 5/96-97, and the Maliki School: Hashiyat al-Dasuqi ala ‘l-Sharh al-Kabir 2/238-239)

As for when there is no explicit mention of the marriage being limited to a specified time, but both or one of the spouses intend to terminate the marriage some time in the future, the position of the majority of classical scholars is that such a marriage is valid, and the couple will not be guilty of involving themselves in an unlawful relationship.

It is stated in al-Fatawa al-Hindiyya, a renowned Hanafi reference work:

If a man marries a woman unconditionally [i.e. without it being limited to a specified time], and it is in his intention to remain with her for a time that he intends [and then divorce her], then the marriage is valid...” (al-Fatawa al-Hindiyya 1/283)

Likewise, Imam Ibn al-Humam (Allah have mercy on him) states in his Fath al-Qadir:

As for when the husband marries and it is in his intention to divorce her after a period that he intends, then the marriage is valid.” (Fath al-Qadir, 3/152)

The Shafi’is also state that if one marries, and it is in his intention to divorce the wife after a period of time he has in mind, the marriage is considered valid. As for the Hanbalis, they have explicitly stated that if a person marries with the intention of divorcing the woman, even without stating it explicitly in the marriage contract itself, then the marriage is invalid, because it is a temporary marriage, which is invalid by explicit primary texts. (See: al-Mawsu’a al-Fiqhiyya, Kuwait)

Since Islam emphasises upholding marriages, the couple will not be obligated to terminate their marriage according to their intention, rather they must not resort to divorce without a genuine reason. Marrying with the intention of ending the marriage after a given period is disliked according to Shari’a, and as such, a marriage contracted with such an intention in mind is also disliked, although valid per se. (Mufti Taqi Usmani, Fiqhi Maqalat 1/258)

So, the basic minimum requirement in order for a marriage to be considered Islamically valid is that there be a valid offer from one party and a corresponding acceptance from the other, in the presence of two male (or one male and two female) witnesses who are able to hear clearly and understand what is happening. The offer, acceptance and the presence of the witnesses must all take place in the same session and at the same place, and there must not be any explicit mention of the marriage being limited to a specified time. The consent of the woman’s guardian is also necessary according to the three Schools, and in some cases, according to the Hanafi School also. As for the payment of dowry (mahr), this is the woman’s right and should be stipulated at the time of the marriage contract, but it is not a pre-requisite for the validly of the marriage.

As such, if the above necessary factors are met, the marriage is valid according to Shari’a, even if it is a “Misyar” marriage. Thus, if the Misyar marriage is limited to a specified time, it is invalid, and the couple’s relationship will be unlawful and sinful. Men who sometimes enter into a “temporary” Misyar marriage while on holiday must realize that if this is explicitly mentioned at the time of contracting the marriage, then it would make such a marriage invalid and unlawful, and more akin to Mut’a. If there is no explicit mention of this, but the man marries with the intention of divorce, then it is disliked, and unlawful [but valid] if it entails harm to the woman.

Giving up Rights

As mentioned earlier, the basic feature which distinguishes Misyar from a standard marriage is that the spouses, and more specifically the wife, gives up one or several of her rights by her own free will.

Islamically, it is permitted for both parties to mutually agree upon relinquishing one or several of their rights, which they would otherwise be entitled to in a standard marriage. The wife may forego her right to housing, spending time with her husband and/or financial support. The husband may give up the right of his wife living with him at his residence.

Sayyida A’isha (may Allah be pleased with her) relates that Sawda bint Zam’a (may Allah be pleased with her) gave up her [right of spending the] day [with the Messenger of Allah] to A’isha, and so the Messenger of Allah (Allah bless him & give him peace) used to give A’isha both her day and the day of Sawda (Allah be pleased with both).” (Sahih al-Bukhari, no: 4914)

Sayyida A’isha (may Allah be pleased with her) relates that in his fatal illness, the Messenger of Allah (Allah bless him and grant him peace) used to ask, “Where will I be tomorrow? Where will I be tomorrow?” wanting the day of A’isha. His wives gave him permission to be wherever he wished, so he was in the room of A’isha until he passed away by her...” (Sahih al-Bukhari, no: 4185)

It is stated in al-Fatawa al-Hindiyya:

“It is not wrong to marry a woman on a day-time basis (nahariyyat). This means that the man marries her on the condition that he will spend the day with her but not the night.” (al-Fatawa al-Hindiyya 1/283)

It should be noted, however, that if a wife gives up her rights, she is entitled to reclaiming them. She may ask her husband to fulfil all her rights, including that he provide for her financially. The husband can also demand that she move in with him at his residence.

Imam al-Haskafi (Allah have mercy on him) states:

“If a wife grants her right of spending time with the husband to her co-wife, then this is valid, but she has the right to reverse her decision in the future if she so desires.” (See: Radd al-Muhtar ala ‘l-Durr al-Mukhtar, 3/206)

II. Appropriateness

The above discussion was regarding the permissibility and validity of a Misyar marriage. As for whether such a marriage is appropriate according to Shari’a, generally speaking, the answer would have to be no, since it goes against the spirit and objectives of marriage, which is to establish a long-term relationship as a family, and raise righteous Muslim children. The children raised by their mother in a home from which the father is always absent may well suffer psychologically and spiritually.

It is even worse in a situation where the man is only concerned about his own sexual desires and has no regard for his wife. He does not hesitate in marrying and divorcing women as and when he so desires. Some irresponsible men go on holidays to poor countries and marry young women by offering them money, riches and a lavish lifestyle, only to divorce them after a few weeks or months. They do this on a continuous basis, marrying women and then divorcing them, without any regard for the creation of Allah Most High. As a result, the wife finds herself abandoned and leading a solitary life as before the marriage, but traumatized by the experience, while her social status and reputation degraded. Harming and deceiving others are both great sins in the eyes of the Shari’a.

On the other hand, a Misyar marriage may be the only option in certain situations. Some women, as they get older, find it increasingly difficult to marry. In such cases, the woman may marry a man who is not able to fulfil the normal marital duties like financial support or spending adequate time with her. Marrying such a husband is better for her than remaining unmarried.

A young couple may be engaged to one another and have the consent of their respective guardians (wali) to marry. They wish to marry as soon as possible, because they genuinely fear committing Zina, but the man does not have the financial resources to support his wife. This type of marriage could meet their needs allowing them to marry whilst living with their parents until they are ready to move in together.

Some divorced or widowed women, who have their own residence and their own financial resources, genuinely cannot, or do not, want to marry again in the normal manner. Some women, who are burdened with heavy duties and responsibilities, are unable to live with their husbands and serve them. A Misyar marriage may well be suited to them.

In fact, some classical scholars such as Imam Abu ’l-Faraj ibn al-Jawzi (may Allah have mercy on him) have suggested that it may even be healthy for the marriage if both spouses mutually agree to spend time apart from one another or sleep separately, and be together occasionally in order to maintain a high level of sexual passion for one another. (Sayd al-Khatir, P: 605- 606)

As such, in conclusion, whether a Misyar marriage is appropriate or not, this depends on each individual case and scenario. One should thus discuss the particulars of one’s case with a knowledgeable and God-fearing scholar. As for its validity, if all the basic requirements for a standard Islamic marriage are fulfilled, it is valid, keeping in mind that the wife is entitled to reclaiming her rights that she gave up at the time of marriage whenever she so desires.

And Allah knows best

[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

Empiree:
nawa oooo.... This is a case of kettle calling pot black.