Nika`h Al-Mut`ah

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Jalal Abualrub

Is Nika`h Al-Mut`ah allowed in Islam? The answer is ‘No.’ Was Nika`h Al-Mut`ah allowed in Islam? The answer is, ‘Yes, briefly,’ until the Prophet, peace be on him, prohibited it forever after conquering Makkah on the eighth year of hijrah, that is, the Prophet’s migration from Makkah to Madinah which occurred in 622CE. Nika`h Al-Mut`ah, is a marriage contract with a fixed expiration date.

Here is the evidence. 
First, Allah ordered Muslims to abide by what His Prophet prohibits, {And whatsoever the Messenger (Muhammad #) gives you, take it; and whatsoever he forbids you, abstain (from it)} (59:7).

Second, Allah’s Prophet, peace be on him, summarized the ruling about Nika`h Al-Mut`ah, when he said, “O, People! I had allowed you the Mut`ah with women. Surely, Allah has disallowed this until the Day of Judgment.” (Muslim)

Note this part of the hadeeth: “Allah has disallowed this until the Day of Judgment.” It is Allah Who has prohibited Nika`h Al-Mut`ah, and thus, it is prohibited in Islam.
Also, note the Prophet’s statement, “I had allowed you the Mut`ah with women.” Therefore, Mut`ah was allowed in Islam, before the Prophet, peace be on him, prohibited it until the Day of Judgment, saying that it is Allah Who prohibited it.

Not all Companions knew the final ruling about Mut`ah. No Companion knew every specific detail of the Sunnah. This is why some of the Prophet’s Companions continued to allow Nika`h Al-Mut`ah, until they were reminded about the Prophet’s prohibition of this type of marriage (as reported by hadeeth scholars At-Tirmidhi and Muslim).

However, we do know that Nika`h Al-Mut`ah has been prohibited for Muslims forever, and therefore, how can we not act on this knowledge just because someone else didn’t know about it?

When Umar Ibn Al-Khattab heard that some people still practiced Mut`ah, he reasserted its prohibition by saying, “Stop this [kind of] marriage to women! No man will be brought to me having married a woman to a fixed term, but I will have him stoned.” (Muslim)

In the early Islamic Era, Muslims were allowed to use Mut`ah because of scarcity of women and extreme financial inability (Bukhari). Abdullah Ibn Abbas only allowed it as a last resort similar to eating the meat of dead animals or swine to survive (Fat`h Al-Bari, Ibn Hajar Al-Asqalani).

After he prohibited Nika`h Al-Mut`ah forever, the Prophet, peace be on him, never allowed it after that. Umar said, “The Messenger of Allah allowed us Mut`ah for three days and then he prohibited it” (Sahih Ibn Majah). Umar was referring to this hadeeth by Salamah, “During the year of Autas (the year Makkah was conquered), the Messenger of Allah, peace be on him, allowed us Mut`ah for three days and then prohibited it” (Muslim).  And as reported, when he prohibited it, the Prophet, peace be on him, said, “O, People! I had allowed you the Mut`ah with women. Surely, Allah has disallowed this [practice] until the Day of Judgment” (Muslim).

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