Temporary marriage is the very solution
We have discussed the wisdom of Allah when we talked about the offering of two prayers at the same time and said that Allah is kind to His people; He has created them, and so He guides them to what benefits them because He is Beneficent, Merciful. And since Allah is kind to His people, so He always wants ease for them. He says:
Should He not know what He created? And He is the Knower of the subtleties, the Aware. Qur'an, 67:14
How can a reasonable one imagine that Allah has created man weak and created in him the sexual instinct that he is terribly excited and then He determined severe punishment on him by either whipping or stoning when he would satisfy this unruly instinct?
Can we convince others to embrace Islam when we show these rulings and then we say that Allah is merciful to His people, Allah wants ease for them, He does not impose on man what he cannot bear or that He has not made in religion any embarrassment or hardship?
Before we try to convince others, can we convince ourselves with this justification? Certainly not!
The sexual intercourse may be practiced without raping, violence or force, but with mutual love, satisfaction, and agreement between a man and a woman where there is no harm against anyone and that precaution is observed so that pregnancy and birth do not take place. Should such a man, who satisfies the desire of a woman whose abstinence and chastity prevent her from committing adultery, be killed? We must think deeply on this subject, especially when we see the injustice of our societies against woman.
All that does not let inside me a bit of doubt that Allah the Almighty, Who has permitted a sick one or a traveler not to fast in the month of Ramadan and to offer the half of prayers, or to offer the prayer while sitting or lying down in some cases, Who has permitted Muslims to perform tayammum with earth when there is no water, Who has permitted a faithful to pretend unfaith in some cases to preserve his life, properties, and honor, and has permitted Muslims to sleep with their wives in the nights of Ramadan, because He knows that it is too difficult for man and woman to abstain from sexual intercourse for a month that He has said,
“It is made lawful for you to go in unto your wives on the night of the fast. They are raiment for you and you are raiment for them. Allah is Aware that you were deceiving yourselves in this respect and He has turned in mercy toward you and relieved you. So hold intercourse with them” Qur'an, 2:187
So if it is so, how would Allah ignore the sexual lust that He Himself has created and is aware of its ferocity and bad results which might destroy societies?
Allah has created woman for man and created man for woman for the sake of tranquility and peacefulness. Allah the Glorified says:
And one of His signs is that He created you from dust, then lo! you are mortals ranging widely. And of His signs is that He created mates for you from yourselves that you may find rest in them, and He ordained between you love and mercy; most surely there are signs in this for a people who reflect. Qur'an, 30:20-21
These verses talk about men and women altogether; Allah has created both man and woman from earth, and made one as a mate to another so that each may find peace and tranquility with the other.
Thus, Allah must put a solution to this instinct so that both the male and the female live a pleasant life full of love, mercy and tranquility.
All Muslims have agreed that Allah had mercy on his people, men and women, when He permitted for them the temporary marriage. This mercy came down while Muslims were in utmost need of it. The great companions, who were examples in faith and piety, could not be patient with their sexual desires. They complained to the Prophet (S) and asked him to permit them to castrate themselves.
Al-Bukhari has mentioned in his Sahih that Qays ibn Abdullah (may Allah be pleased with him) said, “We were with the Messenger of Allah (S) in a battle, and there were no women (wives) with us. We said, ‘O Messenger of Allah (S), can we castrate ourselves?’ He prohibited us from doing that. Then, he permitted us to marry women (in temporary marriage) for a garment (as simple dowry), and then he recited:
O you who believe! do not forbid (yourselves) the good things which Allah has made lawful for you. Qur'an, 5:87”1
Praise be to Allah! Glorified is He! How kind and merciful He is to His people!
The Prophet (S) prohibited his companions from castration and permitted them for temporary marriage. He prohibited them from forbidding temporary marriage because it is from the good things that Allah has permitted for them. This is clear evidence on the mercy of Allah to His people, lest they harmed themselves by castration which was prohibited.
Therefore, sexual desire is a nature in man that must be satisfied and not suppressed, because its suppression causes psychological and bodily diseases. Men (and woman) have to satisfy this desire within the legal limits that Allah has determined and the Prophet (S) has declared to Muslims.
This great mercy (temporary marriage) that Allah had given to His people and all Muslims acknowledged its lawfulness in the Holy Qur'an were prohibited later on. Most people claimed that it had been prohibited by the Prophet (S).
We say to these people that this claim cannot be accepted by sound reason, because this gift of Allah was permitted to solve the problem of the sexual desires for a Muslim man and a Muslim woman. Then, is this problem no longer available so that this permission has to be annulled? Or does the Prophet (S) have the right to prohibit what Allah has permitted? Is there one thing in the Islamic Sharia that Allah had permitted for His people and then He prohibited it?
By Allah no! There is nothing of that at all. May Allah have mercy on Ameerul Mo'minin (a.s.) who said:
Temporary marriage is a mercy that Allah has given to His servants. Were it not for the prohibition of Umar, no one would commit adultery except a wretched one!2
In this discussion, we do not want to prove the legality of temporary marriage, for we have already proved that in our book ‘To be With the Truthful’, but we want to say that the Ahlul Bayt (a.s.) have said it is lawful until the Day of Resurrection, quoting their grandfather the Messenger of Allah (S). We say that the Ahlul Bayt (a.s.) have done Muslims great favors, which has preserved their religion and high values that keep pace with all ages and face all challenges.3
In the end, Muslims shall find no way that leads to the best, except by the way of Ahlul Bayt (a.s.) and no school that complies with modern ages and overcomes all challenges, except the school of Ahlul Bayt (a.s.) that have been based on the Qur'an and the Prophet’s Sunna. Allah says:
Is He then Who guides to the truth more worthy to be followed, or he who himself does not go aright unless he is guided? What then is the matter with you; how do you judge? Qur'an, 10:35
- 1. Sahih al-Bukhari, vol. 5 p. 189.
- 2. Refer to Temporary marriage by Abdullah al-Fakiki, and To be with the Truthful by Muhammad at-Teejani as-Sammawi (the author of this book) where he mentions the sources of this tradition. From among the books that have been written on Temporary Marriage is al-Fusool al-Muhimmah by Sayyid Sharafuddeen al-Aamili, Juristic Questions by the same author, al-Bayan by Sayyid al-Khoei, al-Ghadir by Allama al-Amini, Mut’ah (temporary marriage) in Islam by Sayyid Husayn Mekki, Temporary Marriage by Sayyid Muhammad Taqi al-Kakeem, Temporary Marriage in Islam, by Sayyid Ja’far Murtadha, and the introduction of Mir’atul Uqool.
It is said that Imam Malik had permitted temporary marriage. Refer to al-Hidayah fee Sharh al-Bidayah, p. 385, Poulaq Press, printed with al-Fatth al-Qadeer. It is also said that Ahmed ibn Hanbal had permitted it with necessity; refer to Tafsir ibn Kathir, vol. 1 p. 474, and some other companions!
There are traditions narrated from Ibn Abbas, Ubay ibn Ka’b, Mujahid, Sa’eed ibn Jubayr, ibn Mas’ud, as-Sadiy and others who agreed when reciting this verse:
And those of whom you seek content (by marrying them) TO A FIXED TERM. Qur’an, 4:24
There are about more than twenty traditionists and exegetes from the Sunni who have said that temporary marriage is lawful.
- 3. Since the matter of sex brings societies heavy burdens, some Sunni ulema, after having found that temporary marriage is a lawful way to solve many problems, began permitting it to their youth, but under different names and with different facades!