What is "Muta"? How can Shias justify temporary marriages ?

AQD-E-MUTTAH- According to Shias

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 :-

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

متعہ-Mut'ah

عبداللہ : جب تمام مسلمان متعہ کے حرام ہونے پر اجماع رکھتے ہیں تو آپ شیعہ حضرات اس کو جائز کیوں مانتے ہیں ۔

رضا: عمر خطاب کے قول کے مطابق ’’رسول خدا (ص) اس کو حلال اور جائز سمجھتے تھے ‘‘ہم بھی اس کو جائز مانتے ہیں
۔
عبد اللہ : پیغمبر (ص) نے کیا کہا تھا ۔

رضا : جاحظ ، قرطبی ، سرخسی حنفی ، فخر رازی اور بہت سے دوسرے اہل سنت اماموں نے نقل کیا ہے کہ عمر نے خطبہ میں کہا متعتان کانتا علیٰ عہد رسول اللہ (ص) و انا انہی عنھا و اعاقب علیھا متعۃ الحج و متعۃ النساء رسول (ص) کے زمانہ میں دو متعہ جائز تھے میں انہیں منع کررہا ہوں اور جو اس کا مرتکب ہوا اس کو سزادوں گا ، متعہ حج (۳۸)اور متعہ نسائ(۳۹) ( ازدواج موقت )۔
تاریخ ابن خلکان میں آیا ہے کہ عمر نے کہا دو متعہ پیغمبر (ص) اور بوبکر کے زمانہ میں جائز تھے اور انھیں منع کرتا ہوں۔(۴۰)
آپ کا اس کے بارے میں کیا نظریہ ہے کیا عمر کا یہ کہنا کہ دومتعہ رسول (ص) کے زمانے میں جائز اور حلال تھے ایک سچی بات ہے یا جھوٹ ہے ۔

عبداللہ: عمر سچ کہہ رہے ہیں ۔

رضا : تو پھر رسول (ص) کے کہنے کو چھوڑ دینا اور عمر کے کہنے کو مان لینے کی کیا وجہ ہے ۔
عبد اللہ: اس بات کی وجہ عمر کا منع کرنا ہے

رضا: تو پھر ( حلال محمد(ص) روز قیامت تک حلال ہے اور حرام محمد (ص) روز قیامت تک حرام ہے (۴۱) ) کا کیا مطلب یہ ایک ایسی بات ہے جس پر تمام علمائے اسلام بغیر کسی استثناء کے متفق ہیں ۔

عبداللہ: ( کچھ فکر کرنے کے بعد ) صحیح کہہ رہے ہیں ، لیکن پھر عمر بن خطاب نے اس کو حرام کیسے کردیا اور انکے پاس اس کے لئے کیا سند تھی ۔

رضا: یہ ان کا پنا اجتہاد تھا اگر چہ ہروہ اجتھاد جو نص کے مقابلہ میں کیا جائے قابل قبول نہیں ہے ۔

عبداللہ : حتی اگر وہ اجتہاد عمر بن خطاب کا ہو ؟!

رضا: اگر اس سے بھی بزرگ کا ہو تب بھی اس پر توجہ نہیں کی جاسکتی آپ کی نظر میں خدااور رسول(ص) کا فرمان پیروی کرنے لائق ہے یا عمر بن خطاب کی بات ؟

عبداللہ : کیا قرآن میں متعہ اور اس کے جائز ہونے کے سلسلہ میں کوئی آیت آئی ہے ؟

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

Objections and our Replies regarding Permissibility of Mutah- Part 1

 (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)
 .....

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. 

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?”  

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.

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.
 

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