This is well known fact that during the life time of Holy
Prophet the Muttah was not only the legal Aqd but was also fully in
practice as well. Now if there is any dispute on this issue is that
whether according to Shar’ee point of view this Aqd is still legal or
it is cancelled.
Before proceeding forward it must be cleared to all ,
that to cancel any act of Shariyat is only in the authority of Holy
Prophet and non of anyone else. If any act of Shariyat -e-Mohammadi was
not cancelled by the Holy Prophet and remained legal to the last
movement of Holy Prophet then that act will remain legal till to the day
of Qiyaamat and even the whole Ummah could not declare any Halal
-e-Mohammad as Haram or Haram-e-Mohammad as Halal.
Halal-e-Mohammad is Halal till to the day of Qiyaamat
and
Haram-e-Mohammad is Haram till to the day of Qiyaamat.
Tasfeer-e-Kabeer Pt-3 Page-286 :-
” It is agreed fact for the whole Ummah that Muttah was lawful and admissible in Islam and no one has any dispute in it. ”
Now the question is that, Is this admissible act of Shariyat still admissible or became unlawful and prohibited ?
So we know that to Hazrat Ali, Ahllalbait-e-Nabvi and to a group
of Sahaba Karam like Hazrat Abdullah Ibn-e-Abbas, Imran bin Haseen,
Jaber Ibn-e -Abdullah Insari, Muslim Ibn-e-Aqwa, Saeed Bin Jabeer ,
Mujahed and Atta, (Rezwan-ul-llah Alay Him) the Muttah is lawful and
admissible act and is not being cancelled.
Justification Of Muttah In the Light Of Holy Quran :-
Ayat-e-Muttah is in the Holy Quran , Allah says that we do not
cancel any Ayat of Quran till we bring batter Ayat for that, so if the
Ayat of Muttah is cancelled ( as it is claimed ) than which Ayat is
revealed in its place which replaces the Ayat-e-Muttah ?
and if we don’t find any replacement for Ayat-e-Muttah in Holy Quran
, it means that Ayat-e-Muttah is not replaced or cancelled. and when a
Hadeeth cannot cancel the Ayat of Holy Quran then how the declaration
of some one can cancel the Ayat of Holy Quran ???
The Ayat of Muttah is as follow :-
Para-5 Surah Nisa, from the middle of Ayat-24. ”
Famastamtatum Behi Minhunna Fatuhunna Ajoorahunna Farizatan Wala Junaha
Alaikum Fima Trazaitum Behi Min Ba’adil Farizatin Innallaha Kana
Aleemun Hakima ”
Urdu Translation :- ” Jin Aurtoon sey tum ney Muttah kia hey un
ka jo Mehr mukarrar hoa hey woh un ko dey do agar Mehr ki kami beshi par
tum apas mein razi ho jaoto tumharey zimmey koi Guna nahi , Beshak
Allah Aleem aur Hakeem hey ”
The trick in Translation :-
Now while doing the translation of this verse generally the word,
Famastamtatum is translated as when you get benefit from them ,but the
direct translation ‘ when you do Muttah with them ‘ is avoided , those
this translation is not wrong but is against the prevailing way of
translation where always by doing translation we do not take the
literary meaning of the word but take their Sharri sense of acceptation
is taken, for example :- The literary meaning of, Salaat is Dua,
Soom means to hold on, Hajj means Attention. But we know that in
Sariyyat these words have their special meanings which are quite
different from their literary meaning and when such words will come in
Ayyat or in narrations their Sharri meaning will be taken and not the
literary meanings. For example while one says ” Qad Qama-tessalaat ” it
means to perform special Ebaadat ” Namaaz ” and not jut to do some dua.
and so on, So it is very clear that while translating Salaat. Soom ,
Hajj. or Jehad always their Sharri meaning will be take and not just
the literary. So the word Muttah though its literary meaning is to take
benefit but this word has its complete sense and meaning in Sharri
language. Therefore while translating the Quranic word Famastamtatum
to avoid its Sharri meaning that is Muttah, shows that some thing
some where is being wrong or some weakness is being covered. Daal mein
Kala Hay .
Tafseer-e-Kabeer Pt-3 Page 289, Dur-e-Musoor Pt-2 Page-140.
” Abdullah Ibn-e-Mas’ood, Abdullah Ibn-e-Abbas and Abee Bin Kaab
while reciting the above ayat-e-Muttah used to recite it in a such a
way that its translation become like this :- ” When you do Muttah with
women for some fixed period you must pay their Mahr to them ”
SAYING OF HAZRAT ALI ( A.S) :-
TAFSEER-E-KABEER Pt-3 Page-289, Dur-e-Mansoor Pt-2 Page-140.
If the Umer ( By using his state power ) would have not prohibited
from Muttah then some most unfortunate and vulgar may have committed
adultery ( Zina ).
Now from the above saying of Hazrat Ali it could be easy concluded
that by stopping the legal and Sharri act of Muttah has resulted in the
overspread of Zina and who is the one, responsible for the over spread
Zina in Muslin Ummah ??????
SAYING OF SAHABA KARAM :-
Nihaya Ibn-e-Aseer Page-194, Dur-e-Munsoor Pt-2 P-141.
Hazrat Abdullah Ibn-e-Abbas said, ” Muttah was Rahmat for
Ummat-e-Mohammadia , if it would not has been stopped, perhaps some most
vulgar may commit Zina. ”
Tafseer-e-Kabeer Pt-3, P-289.
Hazrat Omran bin Haseen said, ” Allah revealed the Ayat
about Muttah in the Holy Quran and did not cancelled it, Holy Prophet
ordered for Muttah and then did not stop from it, but later on some one (
Umar ) did what he wished.
Muslim with Sharah-e-Noodi Pt-1 P-451
Abu Nafrah narrated that once I was with Hazrat Jaber
Ibn-e-Abdullah when a person came and asked him about Muttah, Hazrat
Jaber replied, ” We acted on Muttah during the period of Holy Prophet
but later Umar Ibn-e-Katab prohibited from it. ”
From the above saying of four Sahaba-e-Karam it is very
cleared that all of them referred it prohibition not to Holy Prophet but
to Hazrat Umar, and according to famous narration that the Mazhab of
the people is that of their Rulers so the masses obeyed what their
Ruler ordered and ultimately the position reached to such point that
the Hurmat of Muttah was taken as a rule of Islam.
ACT OF DAUGHTER OF HAZRAT ABU BAKAR :-
Tafseer-e-Mazhari Pt-2, P-74, Masnad Abu Da’ood Pt-1, P-309.
” The Asma Bintay Abubakar said that during the period of Holy Prophet I myself did the Mutta ”
The Confessing Statement of Hazrat Umer :-
Tareikh-e-Khufa P-136, Tafseer-e-Kabeer Pt-3 P-289, Sarah-e-Fazal Qooshegi, P-484:-
” Hazrat Umar decleared, Muttah was legal and lawful during the period of Holy Prophet but I decleared it HARAM. ”
Interesting Joke:-
According to Al-Mohazerat of Raghab Asfahani one day a man
asked Hazrat Abdullah Ibn-e-Umar about legality of Muttah, he replied
that it is legal and lawful, on his reply the man said that your father
(Umar) declared it Haram. On this Hazrat Abdullah said that did not my
father say that it was Halal in the period of Holy Prophet and I declare
it Haram , the man replied yes he said like this, so Hazrat Abdullah
Ibn-e-Umar said that I certify the first part of the statement of my
father that it was Halal in the period of Holy Prophet and I did not
agree with the second part of the statement that – I declare it Haram –
because who is my father to declare the Halal-e-Mohammad as Haram ”
But we think that the followers of Hazrat Umar are more
obedient to Hazrat Umar then his own son Abdullah ……….. ! ! ! !
Is Muttah Nikah or Zina ???
Now we will consider the resembling points of Muttah and
Nikah-e-Daami and let the readers to justify that whether it is Nikah
or Zina !
Muttah ( a temporary Nikah ) and the Nikah-e-Da’emi ( Permanent
Nikah ) resemble in most of the points except few which decide and
distinguish the separate position of Muttah.
1:- Nikah-e-Da’emi cannot be done with married woman so the Muttah also cannot be done with the married woman.
2:- In Nikah-e-Da’emi it is must the the Sigha of Nikah to be
read out in a correct way, so in Muttah it is must that Sigha of Muttah
has to be read out in a proper and correct way.
3:- Children born with Nikah-e-Da’emi legally inherit their
father so the children born with Muttah also legally inherit their
father.
4:- Nikah-e-Da’emi can not be done with a woman who is in
Eadaat after divorce so the Muttah cannot be done with the woman in
Iddat after divorce .
5:- In Nikah-e-Da’emi after divorce the women has to
observed Iddat so in Muttah after finishing of Muttah period woman has
to observed Iddat. ( the period of Iddat in Muttah is half of that in
Nikah-e-Da’emi )
6:- Mahr has to be fixed in Nikah-e-Da’emi so the Mahr has to be fixted in Muttah also.
All the above conditions are not there in Zina. so one could
easily justify that Muttah is close to Nikah-e-Da’emi or to Zina.
So on one side there is the order of Allah and Rasool and your conscience and on other side is the decision of Hazrat Umar
decide where you stand ??????????
In Nikah-e-Da’emi the relations of man and woman remain till
the woman is divorced or one of them dies but in Muttah which differs
here is that man and women themselves decide the period of their Aqd and
after the expiry of that decided period the woman automatically
considered as divorced and after this again the same common rules about
Iddat for Nikah-e-da’emi and Muttah get enforced.
Before going to last conclusion its batter to mention the
Siga-e-Muttah over here. So after the decision of Mahr and the period of
Aqd if the man and the woman themselves want to read the Sigha than it
will be read as below :-
Sigha -e- Muttah
Final Conclusion :-
Final Conclusion :-
So with the above discussion we reach to conclusion that the order
of Muttah was revealed in Holy Quran and was ordered by Holy prophet
and was nether cancelled in Quran nor prohibited by the Holy Prophet but
contrary to Allah and Rasool was declared prohibited by Hazrat Umar and
was enforce with the power of state ,as many other rules of Shariyyat
were modified with force by Hazrat Umar which are called the ”
Awleyat-e-Umar ” so Muttah is one of them. Now the position for the
followers of Hazrat Umer became very critical because there is Allah and
Rasool on one side and the declaration of Hazrat Umar on the other side
so they could adopt one and they always adopt the decision of Hazrat
Umar in all such cases where ever he strikes with Allah and Rasool ,
and they openly reject the decision of Allah and Rasool …very improtant
part…think
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