In Sharh al-Ium’a al-Shahid al Thani adds that the hadith which is quoted from the Imam Ja’far in support of the position of the majority of the ‘ulama’ does not state explicitly that the desire of the two parties to the contract is to conclude a marriage of mut’a , but then they fail to mention the time period. Although the word ‘marriage’ is employed for both, this does not make them share in the same nature. Al-Shahid al Thani writes: Arab resistance to democratic and religious reforms. View this page in our App. Since the contract is invalid, the ‘specified dower’ is nullified; hence the normal dower must be paid. If it should become apparent that the contract is invalid because the woman already has a husband, or because she should be maintaining a waiting period as the result of a previous marriage, or because she is forbidden to the man by family relationship, or because of some other reason, then one of the following courses of action should be taken:.
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On the basis of this principle, one must dismiss the possibility mutfa a potential wife might be unchaste, so it is unnecessary to ask her. Although the word ‘marriage’ is employed for both, this does not make them share in the same nature. Archived from the original on 15 June Al-Shahid al Thani claims that on this point there is consensus among the ulama.
Following the release of an page document detailing Iran’s rampant prostitution, Mut’ah marriage has been suggested by Iranian parliamentarians as a solution to the problem — where couples would be allowed to publicly register their union through the institution of Mut’ah marriage. She received a yearly stipend from Muawiyah. Snouck Hurgronje 29 November Retrieved 5 April Archived from the original on 14 June For example, a man once said to the Imam Ja’far: The Time Period Mudda The time period of a temporary marriage must be delineated in a manner which allows no possibility of increase or decrease.
Zaidi Shia texts also state mutts Ali said Mut’ah marriage was forbidden and for this reason the Zaidi Shia do not practise Mut’ah marriage. If it should become apparent that the contract is invalid before the marriage is consummated, the woman receives no dower.
Retrieved 22 June But misyar is still frowned upon in Sunni Islam and never recommended. The Formula Since it is a contract, mut’a requires a declaration and an acceptance.
The Four Pillars Of Mut’a | Muta’, Temporary Marriage in Islamic Law |
For example, he may say: For the contract does not allow any further sexual acts, so the permission of the woman is immaterial, since it is not sufficient to override the stipulations of the contract and legitimize relations.
Since the contract is invalid, the ‘specified dower’ is nullified; hence the normal dower must be paid. Hence, whenever the contract of mut’a is invalidated because the time period has not yet been stipulated, the contract will be one of permanent marriage.
Archived from the original on 23 February This is the latest accepted revisionreviewed on 3 April Views Read Edit View history. View this page in our App. Archived from the original on 11 August Since the contract was invalid without the knowledge of the husband and wife, their intercourse is ‘mistaken’.
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So if the obstacle is removed, the result will be that the contract as such will come into play. Sharh al-lum’a, v, The Dower The contract must mention a dower of known property, whether in cash or kind, whose amount is safe from increase or decrease.
Apparently the ruling here is that a second mhtta marriage would be permissible provided that the woman has enough time before the beginning of the first marriage to conclude a second marriage and then to observe her waiting period.
The ‘acceptance’ is made by the man after the woman has made her declaration. In the case of a temporary marriage which begins after a period of postponement, there arises the question of whether or not the woman may marry a second man in the period between the conclusion of the contract and the beginning of the marriage period.
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As for goods which are not present, it is sufficient that the dower be described in such a manner that the woman’s ignorance will be removed, i.
A Muslim woman cannot marry a non-Muslim. Retrieved from ” https: The Hanafi school of Sunni jurisprudence argues that although the nikah mut’ah contract itself is valid, marriage muttz regarded as a permanent condition and therefore, the temporary element of the contract makes it void.