What Is Wrong With Temporary Marriages?
Answered by Ustadh Farid Dingle
Question
What is wrong with temporary marriages?
Answer
Temporary marriages [muta] are forbidden in Islam because they mitigate the very purpose of marriage: to bring children into the world in a solid and loving family.
There is scholarly consensus (ijma) that temporary marriages are forbidden.
Something Higher
Islam is a social religion that builds natural and healthy societies. Personal needs and wants all fit within a balanced framework that leads to the ultimate benefit of all. This comes at a price: there are certain privileges that both the man and the woman have to relinquish.
Although sex is not forbidden, it is not a Sharia goal in itself and is something that is allowed in a particular relationship that does help to achieve the goals of the Sharia.
Temporary marriages do not help achieve the higher goals of the Shari’a, and merely offer a quick and limited solution for people’s need for sexual intercourse.
Temporary Marriages
At a particular time in the life of the Prophet (Allah bless him and grant him peace), temporary marriages were allowed but later forbidden forever.
“I had made it permissible for your to enjoy women [in temporary marriages], but now Allah has forbidden it until the Day of Rising.” [Muslim]
Countless scholars have cited a scholarly consensus on its prohibition. It is, therefore, unquestionably invalid and sinful. [Ibn al-Mundhir, Ijma; Khattabi, Maalim al-Sunan; Maziri, al-Mulim bi fawaid al-Muslim]
Some Shiites are the only Muslims that allow it, and even much of their legal literature cite evidence against it. Jafar al-Sadiq was asked about temporary marriages and said, ‘The only [women] who do that are the debauched [fawajir]. [Majlisi, Bihar al-Anwar]
The Zaidi Shiites also say that it is forbidden. [Imam Yahya ibn al-Husayn, al-Ahkam fi al-halal wa al-haram]
In short, temporary marriage is haram and invalid.
Loop Holes
Anyone who wants to find a loophole in a system can do so if they try hard. Loopholes can admittedly be found in Islamic law.
Some legal games could be played to enact a temporary marriage whereby the marriage contract is technically valid. The catch is that Allah is the ultimate judge, and even though someone could conceivably sneak under the knows of a Sharia court, nothing in the slightest is hidden from Allah.
It is also worth noting that if the man marries with the intention of divorcing the wife-to-be within a specific amount of time, the marriage is actually invalid because ‘if he [the groom] intends in his heart, it is just like stipulating it in the contract.’ [Bahuti, Kashaf al-Qina]
This means that if the two agree beforehand only to be married for a short time, the marriage will not count, even if it is not stated in the actual contract. Anything that would then happen between them would be zina [extramarital sex].
Conclusion
Islam is real, people are real, and they should have real marriages that strengthen society’s fabric and not tear them up. The Sacred Law recognizes people’s need for marriage and encourages it. It does not encourage or tolerate playing legal games with the All-Seeing and All-Knowing or with His slaves.
I pray this helps.
[Ustadh] Farid Dingle
Checked and Approved by Shaykh Faraz Rabbani
Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language
