Mut'a (Temporary marriage)
Nikah mut'ah is a private and verbal temporary marriage contract that is practiced in Twelver Shia Islam in which the duration of the marriage and the mahr must be specified and agreed upon in advance. It is a private contract made in a verbal or written format.
This question is similar to many other fiqhi questions, where one would need to refer to his/her Marja' taqleed.
That being said, according to the view of most of our esteemed jurists, Ahlul Kitab are not najis, and as for temporary marriage with a Kitabiyah woman, most Maraji' also deem it as halal.
And Allah knows best.
This verse in Surah Al Nisa is a Quranic evidence about the permissibilty of temporary marriage which is also known as “Nikah Al-Mut’ah” or” Zawaj Al-Mut’ah” or Mut'ah.
All Muslims Scholars from all Muslim sects admit that this verse is very clear in the Quranic evidence on the permissibility of Mut’ah Marriage. Wahahbi grand Mufti Ibn Baaz admitted that this verse is very clear on Mut'ah and added : all the Ulama took from it clearly that Zawaj Al-Mut'ah is permissible.
Some claimed that Mut’ah was then banned. Yes, it was banned by Umar ibn Al-Khattab, not by the Prophet (SAWA)at all. Umar himself said and repeated that : Mut'ah marriage was allowed during the time of the Messenger of Allah, and I am banning it and will punish on it. ( Saheeh Muslim 4:59 and Sunan al-Bayhaqi 7:206 and Ahlam al-Quran by al-Jassass 1:352, and Tafseer al-Qurtobi 2:392).
Mut’ah Marriage was explained to the Muslims by Prophet himself and He (Peace be Upon Him and His Holy Progeny) taught the Muslims the rules of the Mut’ah Marriage. Mut’ah Marriage requires Mahr and requires a time agreed by both of man and woman.
It is very important to note that this verse has been narrated with the explanation of it that “whatever you do Mut’ah with a woman for an agreed period “Ila Ajalin Musammah”. إلى أجل مسمّى This is the recitation of Ibne Abbas as you can read it in Tareekh Al Tabari. Ibne Abbas was clearly saying that the verse of Mut’ah had within it “Ila Ajalin Musamma” means upto an agreed time. Hakim Al-Nisabouri in his famous Book Al Musatadrak Volume-2 Page-305 has narrated the Hadeeth from Ibne Abbas and said that this is an authentic (Saheeh) Hadeeth according to the conditions of Muslim, but it was not narrated neither in Bukhaari nor in Muslim. According to him it is a Saheeh Hadeeth. Al-Dahabi who is one of the well-known Sunni Scholar has also agreed on the same that this narration from Ibne Abbas is authentic and Saheeh. Musannaf by Abdur Razzaq also narrated the recitation of Ibn Abbas on this verse that it has got “Ila Ajalin Musamma” means upto an agreed time period.Tabarani in his AlMo’jam Al-Kabeer, Volume-10 Page-320 narrated from Ibn Abbas saying Mut’ah Marriage was allowed since the beginning of Islam and they used to recite this verse “4:24” Famastam tatum Behi Minhun Ila Ajalin Musamma” means whatever you have Mut’ah Marriage with a female upto an agreed time. Tabari in his famous book of Tafseer Volume-5 Page-18 narrated this recitation of “upto agreed or postponed period “Ila Ajalin Musamma”. Tabari narrated it from Ibne Abbas and also from Obeyye Bin Ka’b and also from Ibn Masood and also from Al-Suddi and also from Mujahid and also from Saeed Ibn Jubair and also from Ali Ibn Abu Talib (A.S.). Ibn Jarir Al Tabbari said: There is a narration from Ali (A.S.)) that : Had Umar ( Ibn al-Khattab ) did not ban the Mut’ah Marriage, No one will commit fornication but only those who are evil .
So the meaning of the verse 4:24 is very clear as it was explained clearly by the Prophet (SAWA) to Ummah and accordingly, the Muslims started practising Mut’ah Marriage during the time of the Prophet and continued all his life and even during the Government of Abu Bakr and part of the Government of Umar, till Umar thought to ban it. Simply, you find in Sunni books The Qira’ah recitation of Ibn Abbas and others that it is very clear “Ila Ajalin Musamma” means the Mut’ah Marriage is a marriage for an agreed time.
Temporary marriage can only be performed with a woman who is from Ahlul Kitab, i.e. she is either a Muslim, a Christian or a Jew.
If she is of any other faith, or just believes in a supreme being, but does not follow any of the 3 Abrahamic religions, then you cannot do mut'ah with her.
And Allah knows best.
If your age is within the age of menstruation but you have no menstruation due to tubal ligation or any health reason, you waiting period after Mut'ah is forty five days and after divorce is three months.
If your age has reached to the age of old women who usually have no menstrual period, then no waiting period on you.
Thank you for your question. In itself there is no limit to the amount of temporary marriages a man can contract.
May you always be successful
Mut'ah is a type of marriage in Islam which has conditions like the agreement of both man and woman, and agreeing on a fixed amount of Mahr (Dowry) and both should be Muslims ( if the woman is from People of Book, man needs permission of his Muslim wife. If the female is a virgin, she needs the permission of her father or paternal grand father.
Both man and woman must be mature enough and with their full senses, and willing and able to abide to all the rules of the marriage.
'Marriage aims to protect people from falling in sinful sexual acts, so, when a Baligh person fears falling in sinful acts and feels that Mut'ah marriage or permanent marriage can help saving him from sinful acts, he can go for such marriage after fulfilling all its conditions.
Thank you for your question. Below is the response from the office of Ayatullah Makarim Shirazi (hA)
May you always be successful:
Wa Alaykum Assalaam
If the Talaq formula is recited with all its conditions, Talaq is valid and she can get married after Iddah period.
Issue No.2135- A man who divorces his wife must be sane, and as an obligatory precaution, he must also be mature, and he should divorce her out of his will. Hence, if someone compels him to divorce his wife, the divorce will be void. It is also necessary that he seriously intends to divorce. If, therefore, he pronounces the formula of divorce sarcastically, the divorce will not be valid.
Issue No.2136- Based on obligatory precaution, the formula for divorce should be pronounced in correct Arabic, and it is obligatory that two just men hear it. If the husband himself wishes to pronounce the formula for divorce, and his wife’s name is for example, Fatima, he should say:
زَوْجَتِي فاطِمَةُ طالِقٌ
“Zawjatī Fatima Ṭāliq”
(My wife Fatima is divorced)
And if he appoints another person as his representative to pronounce the formula of divorce, the representative should say:
زَوْجَةُ مُوَکِّلِي فاطِمَةُ طالِقٌ
“Zawjatu Muwakkilī Fatima Ṭāliq”
(Fatima, the wife of my client is divorced).
Issue No.2137- It is necessary that at the time of divorce, the woman is pure from ḥayḍ (menstrual blood) and nifās (lochia or birth bleeding), and that the husband should not have had sexual intercourse with her during that period of purity, and if he had sexual intercourse with his wife while she was in ḥayḍ or nifās preceded by purity, the divorce is not sufficient as an obligatory precaution, rather she should enter ḥayḍ once again and become pure, and then she can be divorced. (The details of these two conditions will be given in the succeeding issues).
Married man needs permission of his Muslim wife in case he wants to have temporary marriage (Mut'ah) with a woman from People of Book (Christian and Jewish).
If the father or grandfather are still alive, they are still her shar'i guardian, whether they play a role in her life or not. Unless of course she reaches out to them, and for an unjustifiable reason refuse to give their consent, in such a circumstance the case would be different.
However, assuming that they are still alive, she must obtain their consent.
If they have passed, for marriage to be legitimate, she does not need to seek consent, however from a social/moral perspective, she should aim at having family involved, and not pursue an ongoing relationship through a permanent marriage, and not temporary.
And Allah knows best.
In the case that her father grandfather and If we were to answer jurisprudentially, if her father and grandfather
If you are asking if it is jurisprudentially allowed, then the simple answer is yes, if she was to perform temporary marriage with a Shi'a male it would be valid.
However, is it socially advisable for her to do so. I would encourage her to think for the future and focus on long term relationship, settling down and marrying someone. This would be better for her on many levels.
Her getting involved in mut'ah, and not knowing how long it will last, and whether the man will respect her reputation, etc, will be more socially damaging for her.
As for the taboo of remarriage, this is something we must all fight against, and reclaim what our religion favours for us as a society.
With prayers for your success.
There is no formula for renewing a Mut'ah contract, but only to have a new Mut'ah contract after the end or termination of the existing Mut'ah marriage. When the agreed time of the Mut'ah expires or when the husband terminates the Mut'ah contract, then they will be allowed to go for a new Mut'ah contract with a fresh Mahr and time. There is no renewal formula but only going for new contract.
The aim of Mut'ah marriage is to save both man and woman who are not able to get married from falling in sexual sinful thoughts and acts. There is a Hadeeth from Imam Jafar Al-Sadiq (AS): In fact, Mut'ah marriage was ordained for the benefit and protection of the women who have no husbands. Married men should not indulge in Mut'ah marriage in a way which makes their wives angry and blame Shariat which allowed Mut'ah. (Al-Kaafi, V. 5, P. 453 narrated from Abul Hasan (AS)).