The sixth question of Fatwa no. 3810
Q 6: What is the ruling on Mut‘ah marriage in Islam?
A: If Mut‘ah marriage (temporary marriage for a stipulated period) occurs it is Haram (prohibited) and Batil (null and void). It is related by Al-Bukhari and Muslim (may Allah be merciful to them), on the authority of `Aly ibn Abu Talib (may Allah be pleased with him), who said, At the time of Khaybar, the Messenger of Allah (peace be upon him) forbade Mut‘ah marriage and (eating) the meat of domestic donkeys.
In another narration, he said, On the day of Khaybar, the Messenger of Allah (peace be upon him) forbade temporary marriage with women. Al-Khattaby (may Allah be merciful to him) said that Mut‘ah marriages are Haram according to Ijma‘ (consensus of the scholars), except for some Shi‘ah (Shi‘ites). However, it is invalid for them, based on their rule, to refer their disagreements to `Aly, because it is reported in an authentic Hadith from `Aly, that Mut‘ah marriage was abrogated. Al-Bayhaqy related from Ja‘far ibn Muhammad that he was asked about Mut‘ah marriage and he said that it is sheer Zina (sexual intercourse outside marriage). It is also related by Muslim in his “Sahih (Book of Authentic Hadith)” on the authority of Sabrah ibn Ma‘bad Al-Juhany, who narrated that the Prophet (peace be upon him) said, “I had permitted you temporary marriage with women, but Allah has made this Haram (prohibited) until the Day of Resurrection. So anyone who has any of them (wives with this type of marriage contract) should let go of her, and do not take back anything from what you gave them (the women).”
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
|The Permanent Committee for Scholarly Research and Ifta|
|`Abdullah ibn Qa`ud||`Abdullah ibn Ghudayyan||`Abdul-Razzaq `Afify||`Abdul-`Aziz ibn `Abdullah ibn Baz|