Prohibition of Temporary Marriage in Islam – Law & Justification

Marriage is indeed one of the most sacred thing in Islam. Among marriages, there are temporary marriage or define as mut’a in Islam. According to Arabian dictionary, mut’a means “enjoyment, pleasure, and delight”. But there are many arguments in regards of prohibition of temporary marriage in Islam. According to several hadith by the Prophet (peace be upon him), when two Muslims aimed to get married, it should be one that is permanent, so no one will be at disadvantage.

Prohibition of Temporary Marriage in Islam

Here are several Hadith on the prohibition of temporary marriage in Islam:

• According to Sufyan Althawry according to Isma’il Bin Umayya according to Alzahry according to Alhassan Bin Mohammad according to Ali (r.a.a.) who said to a man:

“You are a straying person, the Messenger of Allah (saws) has forbidden temporary marriage and the meat of domestic camels on the day of Khaybar.” – Muslim & Bayhaqi

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• Abu Bakr Bin Hafs reported according to Ibn ‘Umar who said:

“When Ali was given the Caliphate, he thanked Allah Most High and praised Him and said: ‘O people, the Messenger of Allah (saws) had permitted temporary marriage three times then forbade it. I swear by Allah, ready to fulfil my oath, that if I find any person who engages in temporary marriage without having ratified this with a proper marriage, I will have him lashed 100 stripes unless he can bring two witnesses to prove that the Messenger (saws) had permitted it after forbidding it.’ ” – Ibn Majah

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• Imam Muslim has narrated that according to Mohammad Bin ‘Abdullah Bin Numayr who said:

“My father had narrated to us according to ‘Ubaidullah according to Ibn shahab according to Alhassan and ‘Abdullah the sons of Mohammad Bin ‘Ali according to their father according to ‘Ali (r.a.a.) that he heard Ibn ‘Abbas (r.a.a.) being lenient towards temporary marriage, so he said, ‘wait Ibn ‘Abbas, the Messenger of Allah (saws) had forbidden it on the day of Khaybar when he also prohibited the meat of domestic camels.’ “

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Prohibition Based on Islamic Mazhab

Here are the prohibition of temporary marriage in Islam based on several Mahzab

1. Mazhab Hanafi

It was stated in Fathul Qadhir, temporary marriage in Islam is void. The marriage was similar as a man who said to a woman, “I will enjoy you for certain amount of money.” There are also two types of temporary marriage: the first is a contract which was formed under no intention to provide security; the second was a marriage with a non fixed period, where a man stays with a woman until the time he decides to leave.

2. Mazhab Shafi’i

Temporary marriage described as marriage for a certain period, and the marriage is void in Islam.

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3. Mazhab Maliki

If in a temporary marriage, a guardian allowed a man to marry his ward for a month under sum of money, then both person will be liable to penalty. And the temporary marriage should end without a divorce, whether the couples has done the consummation or not.

4. Mazhab Hanbali

Temporary marriage has tow issues: marriage with the present of a guardian; or marriage for enjoyment, without the presence of a guardian. Both are void.

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Justification of Temporary Marriage

Beside the clear prohibition of temporary marriage in Islam, it was also said that temporary marriage or mut’a has once been allowed before it becomes prohibited thing. Here are some justification of temporary marriage in Islam:

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1. To Decrease the Divorce in a Permanent Marriage

Temporary marriage is not always related to sexual desire. There could be many reasons behind the temporary marriage, one of the purposes is to know each other more and to minimize the risk later in the permanent marriage. So that temporary marriage is another form of engagement in Islam. During the temporary marriage, the couples can have fun, doing activities, going picnic with both families, and many more. But both of them are not allowed to sleep together.

2. Giving the Opportunity for the Wife to Know the Husband Further

For an Islamic marriage, it is the husband who holds the right to divorce the wife. This is often took as disadvantage for the woman, if later she found out that she can’t get along well with the husband in their marriage. So that the temporary marriage is more for the favor of the woman, to know the future husband better before they are going to the real marriage. In this case, the temporary marriage is often done by the wish from the woman.

3. Removing the Possibility of Committing Sins

The main purpose of temporary marriage is removing the possibility of committing sins for both the man and the woman. In this case, temporary marriage is encouraged for Muslims who can’t get married due to job or study.

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4. The Couples Can’t Afford the Financial Situation

Not all couple that desired to get married can’t financially afford themselves. But to save themselves for committing sins caused by their sexual desire, temporary marriage can be the best solution.

5. Temporary Marriage is a Plan for Permanent Marriage

Temporary marriage is the initial step for permanent marriage. It’s also considered as as the preparation for the permanent marriage in the near future.

So those are the explanation of the prohibition of temporary marriage in Islam. Along with the justification why a Muslim couple do the temporary marriage.