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['Aalim Network QR] Muta'a - Contract


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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
|  Greeting of Allah be upon Muhammad and the pure members of his House |\
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Assalamu 'alaykum
The following questions were answered by Mulla Asgher.

Salaams & Duas
Ummulbanin Merali - Moderator - 'Aalim Network

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QUESTION:

My friend told me that you answer questions relating to Islamic Law.  Would
you mind answering the followiing questions regarding the temporary marriage
(mut'a)?

(1)  If 2 parties agree to certain conditions when contracting the temporary
marriage (such as no physical contact), is this agreement merely a convenience
or is it Islamically binding?  If one party later violates this agreement
without consent, is this haraam?  Is silence about the matter by the other
party considered consent, or must consent be explicit?

(2)  Does a woman (Islamically) who is in a temporary marriage have the right
to refuse anything her husband sexually wants from her, or is it haraam for
her to refuse?  Does the intent of the temporary marriage matter (i.e. it was
not contracted for the purpose of sexual pleasure); also, do agreements such
as the one mentioned above have any bearing on this question?



ANSWER:

1.  Yes, that condition imposed by the wife will be valid.  However, if she
agrees to physical contact etc., the husband is permitted to have that
contact.  Silence, not under distress or threat is a form of compliance.

2. It is haram for her to refuse.  If there was a condition at the time of
contracting MUTAH, then the law explained above will prevail.

Asgharali M M Jaffer




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