(Published in ‘Al-Jawwad’, March 1957 A.D., April 1957 A.D., February 1958 A.D.)
Written by Allamah Sayyed Saeed Akhtar Rizvi ( Shia Scholar)
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Regarding Mutah, the editor of Rizwan writes:
According to the Shias it is a very good deed to use women after giving them some pennies, without performing Nikah with them. It is even that, God forbid, it is permissible even with Sayyid women after giving them some money. This is so because they believe that performing Mutah gives them the rank of Husain, Ali and even the Holy Prophet (s.a.w.s.). It is mentioned on page 50 of Burhanul Mutah: “One who performs Mutah once gets the rank of Hasan. One who performs twice gets the rank of Husain. One who performs thrice gets the rank of Ali and one who performs Mutah four times gets the rank of the Holy Prophet (s.a.w.s.).”
I have estimated from a later writing that either the Rizwan editor is unaware of the meaning of Mutah or he intentionally wants to deceive the common people. Since he has tried to answer the questions of ‘Razakar’ regarding Mutah in December 1954 A.D. issue and has used about three pages for it.
I present his( Rizwan editor) statements that tell us about his knowledge regarding Mutah.
1) “The method of performing Mutah is to catch a woman and say, “I want you for one night or a definite period for five rupees.” If the woman agrees, everything is permissible. If Mutah is correct, what is the difference between this and going to a brothel?”[1]
2) “However, they should know that there is a vast difference between Mutah and Nikah. This is the reason why we find two different chapters in the books as Kitabul Mutah and Kitab Al-Nikah. In brief, Mutah is a temporary contract, which is a way of passing ones time just like a temporary contract with a prostitute. And just a little amount is fixed for it, it is done similarly in Mutah.”[2]
3) “As an amount is fixed with a prostitute and a deal is made for one or two nights, similarly it is done in Mutah. As if the wine is same and the label has changed.”[3]
[1] Rizwan, Pg. 14
[2] Rizwan, Pg. 15
[3] Rizwan, Pg. 15
In such a condition, first I would like to describe the rules and regulations and the actual nature of Mutah so that there would not be any possibility of misunderstanding.
It appears from the writings of the Rizwan editor that maybe Mutah is another name for adultery and there is no difference between the two.
It appears from the writings of the Rizwan editor that maybe Mutah is another name for adultery and there is no difference between the two.
Hence, first of all, I would like to ask what is the difference between a permanent Nikah and adultery?
The natural urges are fulfilled in Nikah as well as adultery. Hence if an atheist says, “The method of Nikah is to catch a woman and say that one wants her in exchange of a definite amount. If the woman agrees, everything is permissible. Nikah is correct. Then what is the difference between this and going to a brothel?”
The natural urges are fulfilled in Nikah as well as adultery. Hence if an atheist says, “The method of Nikah is to catch a woman and say that one wants her in exchange of a definite amount. If the woman agrees, everything is permissible. Nikah is correct. Then what is the difference between this and going to a brothel?”
What reply would the Rizwan editor give?
Perhaps, he would say that there is a ‘proposal’ and ‘consent’ therein, but this purpose is present in adultery also.
Probably, he would suggest ‘dower’, but then people going to brothels also fix an amount and pay it.
May be he would mention the open declaration of Nikah but then many a times lustful rich people keep prostitutes after open declaration of ‘proposal and consents’ (in their own words) and giving them money.
Possibly he would present the issue that after Nikah a woman is confined to a single man only. However, there are many such prostitutes who are confined to a rich man after signing a contract with him.
Maybe he would say that both spouses inherit each other in Nikah. Nevertheless, this rule is not general and absolute because if the wife kills her husband she does not inherit. Similarly, if she is from among the People of the Book[1] she cannot inherit. Thus, if all these wives cannot inherit, what is the problem in keeping a prostitute who would not inherit? What is the difference?
Actually, the difference between Nikah and adultery is that Nikah is under the command of God while adultery is against it. No other strong reason of excellence can be presented. As it would be discussed later, both permanent and temporary marriages performed on the command of God are equal. Thus, although many acts are similar to fornication, yet they are appreciable in permanent marriage because they are carried out according to Divine commands. Similarly, Mutah is also appreciable because it is in accordance to Divine commands.
Perhaps, he would say that there is a ‘proposal’ and ‘consent’ therein, but this purpose is present in adultery also.
Probably, he would suggest ‘dower’, but then people going to brothels also fix an amount and pay it.
May be he would mention the open declaration of Nikah but then many a times lustful rich people keep prostitutes after open declaration of ‘proposal and consents’ (in their own words) and giving them money.
Possibly he would present the issue that after Nikah a woman is confined to a single man only. However, there are many such prostitutes who are confined to a rich man after signing a contract with him.
Maybe he would say that both spouses inherit each other in Nikah. Nevertheless, this rule is not general and absolute because if the wife kills her husband she does not inherit. Similarly, if she is from among the People of the Book[1] she cannot inherit. Thus, if all these wives cannot inherit, what is the problem in keeping a prostitute who would not inherit? What is the difference?
Actually, the difference between Nikah and adultery is that Nikah is under the command of God while adultery is against it. No other strong reason of excellence can be presented. As it would be discussed later, both permanent and temporary marriages performed on the command of God are equal. Thus, although many acts are similar to fornication, yet they are appreciable in permanent marriage because they are carried out according to Divine commands. Similarly, Mutah is also appreciable because it is in accordance to Divine commands.
Let us now make a comparison between permanent and temporary marriage.
We should first know that Islamic jurisprudence and Quran have fixed two types of Nikahs. First, the permanent Nikah, in which no time limit is fixed, while proposal and consent are required. Naturally, this contract lasts for an unlimited period of time. Once a person is bound by this contract he would have to take a particular step in order to terminate it, which is called ‘divorce’. If divorce were not given this contract would last life long.
The second type is called ‘limited Nikah’ (also called as Mutah) whose matrimonial proposal and consent also has a time limit. Naturally, such a contract automatically ends after the stipulated period of time.
Now let us compare the rules and regulations of the two.
(1) It is an important condition in both types of Nikah that the wife should not be from the prohibited degree (Mahrams). That is, she must not be among the women whom the Holy Quran has prohibited to marry. She must not be already married to someone or in the waiting period (Iddah) of some other man. In brief, temporary marriage is prohibited with those women who are prohibited for permanent marriage also because both are kinds of Nikah only. And as it is permissible but detestable to marry a prostitute in every Islamic sect, it is also detestable to do Mutah with her.
(2) Dower (Mehr), matrimonial proposal and consent are obligatory in permanent marriage; they are obligatory in Mutah also. As the amount of Dower is fixed through mutual agreement between man and woman in the first kind, it is done in the second kind also.
(3) As it is necessary for a woman to observe Iddah[Waiting Period] after divorce is given to her i.e. she could not marry for a fixed period of time, similarly it is obligatory on a woman to observe Iddah for a fixed period of time after the period of Mutah is over i.e. she cannot marry another man for a fixed period.
(4) Similarly, a woman has to observe ‘Iddah of death’ for a fixed period of time after the death of her husband in both the cases. It may be permanent or temporary marriage (Mutah).
(5) As the man and woman become husband and wife of each other after permanent marriage and the woman cannot even think of anyone else, they become husband and wife of each other after temporary marriage also and the woman cannot even think of anyone else.
(6) As the permanent marriage is not an evil deed due to it being in accordance with divine command, Mutah is also not an evil deed due to its performance in accordance with divine command.
(7) As the offspring of a permanent wife is a lawful inheritor of its father, it is a lawful inheritor in Mutah also and there is no difference between them.
These were laws, which are obligatory and marriage cannot even be imagined without them. And you might have seen that Nikah and Mutah are almost same in these obligatory conditions and specialties.
We should first know that Islamic jurisprudence and Quran have fixed two types of Nikahs. First, the permanent Nikah, in which no time limit is fixed, while proposal and consent are required. Naturally, this contract lasts for an unlimited period of time. Once a person is bound by this contract he would have to take a particular step in order to terminate it, which is called ‘divorce’. If divorce were not given this contract would last life long.
The second type is called ‘limited Nikah’ (also called as Mutah) whose matrimonial proposal and consent also has a time limit. Naturally, such a contract automatically ends after the stipulated period of time.
Now let us compare the rules and regulations of the two.
(1) It is an important condition in both types of Nikah that the wife should not be from the prohibited degree (Mahrams). That is, she must not be among the women whom the Holy Quran has prohibited to marry. She must not be already married to someone or in the waiting period (Iddah) of some other man. In brief, temporary marriage is prohibited with those women who are prohibited for permanent marriage also because both are kinds of Nikah only. And as it is permissible but detestable to marry a prostitute in every Islamic sect, it is also detestable to do Mutah with her.
(2) Dower (Mehr), matrimonial proposal and consent are obligatory in permanent marriage; they are obligatory in Mutah also. As the amount of Dower is fixed through mutual agreement between man and woman in the first kind, it is done in the second kind also.
(3) As it is necessary for a woman to observe Iddah[Waiting Period] after divorce is given to her i.e. she could not marry for a fixed period of time, similarly it is obligatory on a woman to observe Iddah for a fixed period of time after the period of Mutah is over i.e. she cannot marry another man for a fixed period.
(4) Similarly, a woman has to observe ‘Iddah of death’ for a fixed period of time after the death of her husband in both the cases. It may be permanent or temporary marriage (Mutah).
(5) As the man and woman become husband and wife of each other after permanent marriage and the woman cannot even think of anyone else, they become husband and wife of each other after temporary marriage also and the woman cannot even think of anyone else.
(6) As the permanent marriage is not an evil deed due to it being in accordance with divine command, Mutah is also not an evil deed due to its performance in accordance with divine command.
(7) As the offspring of a permanent wife is a lawful inheritor of its father, it is a lawful inheritor in Mutah also and there is no difference between them.
These were laws, which are obligatory and marriage cannot even be imagined without them. And you might have seen that Nikah and Mutah are almost same in these obligatory conditions and specialties.
Once again I emphasize that obligatory conditions and specialties of Nikah are only those, which are discussed above. They are same for permanent marriage and Mutah (temporary marriage).
.......For more Details , Read Part 2
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