Objections and our Replies regarding Permissibility of Mutah- Part 2

There are some more laws, which change according to circumstances. It does not mean that a woman is not the wife if any of these conditions are not fulfilled.

For instance,

    If a person (Sunni) performs permanent marriage with a Jew or Christian woman, then also, the wife cannot inherit her Muslim husband. Similarly, if a wife kills her husband, she cannot inherit him. Nevertheless, not becoming an inheritor does not end her wifehood, while fulfillment of other obligatory conditions like Iddah are obligatory and she would be considered wife in all conditions.

Similarly, if according to some Shia scholars, if the woman taken in Mutah marriage cannot inherit her husband, how can it be proved that ‘since she cannot inherit, how can she be a wife’?

I have purposely used the phrase ‘some Shia scholars’ because a group of Shia scholars are of the opinion that a wife inherits the husband in Mutah also. Alamul Huda Syed Murtada (a.r.) writes in Kitabul Intesar:[1]

“Not receiving inheritance is not a proof that a woman is not a wife of a man because ‘dhimmiyyah wife’[2], ‘slave wife’ and husband’s murderer-wife are neither his inheritors nor is the husband their inheritor. However, they are wives without any doubt. Apart from this, according to our religion, inheritance is given in Mutah also provided that there is no condition of non-inheritance among the special conditions decided at the time of marriage.” 

[1] Pg. 63, 64; Iran
[2] Jew or Christians living in Muslim territories

If a wife is disobedient to her husband, her maintenance is not obligatory on the husband even though she may be a permanent wife. This is a uniform verdict among all the Muslims. However, non-obligation of maintenance does not affect her wifehood because inheritance and maintenance, both are not the essential elements of marriage. Similarly, if the maintenance of wife in Mutah is not necessary on the husband what effect does it have on her wifehood?
    There is no divorce in ‘limited marriage’ i.e. Mutah. The reason for this is already discussed above. As this marriage is dissolved automatically after a stipulated period, there is no need to quote some formula again to end it. While permanent marriage is for the whole life. Hence it is necessary to quote the formula of divorce in order to end it (if it needs be ended before death).

Except divorce, all issues applicable for the permanent wife like ‘Zihar’[1], ‘Liaan’[2] Eelaa[3] etc. are also applicable to the Mutah wife. There is no difference between them.

[1] Pre-Islamic form of divorce, consisting in the words of repudiation: You are to me like my mother’s back. (anti a’layyah ka-zahri ummi).
[2] Sworn allegation of adultery committed by either husband or wife
[3] Willful oath that one would not to go to ones wife

If the readers permit I would quote some paragraphs of our scholars, which would shed light on the terms and conditions described by me and those who are really involved in a misunderstanding about Mutah would be reassured. As for people like the Rizwan editor who purposely remain ignorant, their solution was not with even the Holy Prophet (s.a.w.s.).

    The Mutah of woman is that a woman marries one provided that there is no prohibited act in marriage according to the religion of Islam. That is, she must not be among the prohibited degree of relational prohibition as well as causal. She must not be in prohibited degree due to breast-feeding. She must not be already having a husband and not be in the Iddah of previous one and other religious prohibitions should not be present. For instance, she must not be the ex-wife of ones father or sister of a present wife etc. She must marry one in such a state for a fixed dower and period through recitation of marriage formula, which is based on Islamic law. After mutual agreement she must recite the formula of Mutah like in Nikah. Then mention the fixed dower and time (e.g. a day, a month, a year or some years etc.). One should immediately reply: ‘Qabiltu’ (I accept). It is permissible to have a representative (to pronounce the formula of Mutah) like it is done in other marriages. After this, the woman is one’s wife and he her husband till the stipulated period of time comes to an end.[1]

 A woman with whom Mutah is performed is also a lawful wife and a legal marriage is performed with her. As for sustenance, inheritance and distribution of nights, in which she does not have a share, all these are based on particular factors due to which a wife in Mutah is exempted from these general rules.[2]

    [1] Fusulul Muhimma, Pg. 54, 1347 A.H. Edition
    [2] Kitab-e-Madhkur, Pg. 60

 All the signs of wifehood are applied to a woman with whom Mutah is performed. All the rules are valid on her except some of those orders, which with definite evidences do not include a Mutah wife.[1]
    When the mutually fixed time ends, it is permissible for the husband to immediately tie a knot with her once again, and not wait for completion of Iddah (as it is permitted in permanent marriage to return during the Iddah of revocable divorce). However, no other man except her husband can marry her till the period of Iddah ends.[2]
    If conjugal relations were established, the woman would have to observe Iddah for two menstrual cycles after the Mutah ends. According to a narration, it could be observed for only one menstrual cycle, but it is not a reliable report. If a woman does not have menses and she has not reached menopause she must observe Iddah for 45 days. If the husband dies during the period of Mutah she would have to observe Iddah of death for four months and ten days even if conjugal relations were not established and she is not pregnant. If she is pregnant she has to observe Iddah till the childbirth or four months and ten days, whichever is longer.
    It is narrated from Ibne Bazigh that a person asked Imam Reza (s),“If a person performs Mutah with a woman and puts forth a condition that if a boy is born it would not be his. What if a male child is born to her after this?” Imam (s) strictly opposed this denial and considered the rejection of the father a great sin, he said, “What? Would he reject that boy?”[3]

[1] Aslush Shia wa Usulaha, Pg. 94
[2] Sarair, Ibne Idris

[3] Furu al-Kafi, Vol. 2, Pg. 196, Tahzib, Man Laa Yahzaruhul Faqih

 Zihar is valid occurs with Mutah wife also (due to more correct saying) because the verse of Zihar is general and the Mutah wife is also a wife and there is no restriction of a permanent wife in the verse.[1]
    Shaykh al-Mufeed and Syed Murtada (a.r.) have said that ‘Liaan’ is applicable with the Mutah wife because she is a wife and hence, she is also included in the generality of the verse.[2]
    Scholars have a difference of opinion about the right to inheritance in Mutah. There are a number of opinions in this. The first is that both husband and wife become mutual inheritors of each other through this marriage as in the case of permanent marriage. This is a saying of Ibne Barraj and he gives the evidence that the verse of inheritance in marriage is general. The Mutah wife is also a wife and she also inherits like other wives.

The second opinion is exactly opposed to the first. None of the spouses inherit each other. Its proof is that inheritance is a religious command and its right is based on some religious proofs. And merely being a wife is not a proof enough of being rightful to inheritance because there are many wives who inherit and many who cannot. Thus, how can inheritance be given on the basis of just wifehood, without any other legal commandment?[3]

[2] Sharh Lumah, Vol. 2
[3] Masalikul Afham, Vol. 1
[4] Hadaifun Nadhrah, Vol. 7, Pg. 165

This is Mutah, whose dreadful picture is drawn by the Rizwan editor. You have seen that there is no difference between Mutah and Nikah except that there is no period fixed in permanent marriage while a period is fixed in Mutah.

All the supposed evils of Mutah can also be found in permanent marriage after which, divorce may be given. Rather the evils become ten-fold due to divorce after permanent marriage. An example of this is, suppose you want to travel somewhere and you hire a vehicle for this purpose and start your journey. On the way, you reach a deserted area where there is no place to stay at night or hire some other vehicle and the vehicle owner leaves stranded there and returns. What hell would befall you? Just imagine!

On the contrary, if the vehicle owner tells you beforehand that he would drop you at so and so place and not go ahead, you would have the option to travel with him and plan your future course of action or find some other way if you do not like his terms and conditions.

Which is the better option between the two? Indeed, every sensible person would denounce the vehicle owner in the first case. However, no accusation can be laid on him in the second case because he had already stated the terms beforehand.

The same corollary is found in ‘divorce after Nikah’ and ‘Mutah’. A man performing Mutah tells the woman beforehand that he would keep her as a wife, say for five years. After that, she is free, after completing the Iddah period. If a woman considers this condition acceptable, she can perform Mutah or the discussion would end; but in any case there would no deceit.

On the contrary, if the man does not reveal any of his such plans and a permanent marriage is performed, then if he divorces the wife after two, four or ten days, you can imagine the condition of the poor woman due to the shipwreck of her life, in the middle of the high seas.

It is clear from this example that those hypothetical defects (none of which has happened till date) described about Mutah are ten-fold in divorce after Nikah. Keeping in mind this example, is the Rizwan editor still prepared to ridicule divorce and permanent marriage also?

In any case, it has become as clear as daylight from the above discourse that there is no difference between the importance and conditions of the elements, conditions and nature of Mutah and permanent marriage from the point of view of reason and jurisprudence. Now a possible question is whether Mutah is permissible and in accordance with the command of God or not? Hence I consider it important to describe the history of Mutah and some related issues so that its historical background is revealed.

For more Details , Read Part 3