Mutah is a form of marriage where the time period is previously agreed upon by both parties. This practice was allowed, some jurist argue temporarily and others that that it is still valid. It is a commitment entailing rights and duties on both consenting parties, as well as clear restrictions. This includes, according to the law schools that still allow it, child support, or the observance of idda by the woman prior to entering into any type of relationship with another person.
This practically destroys the rampant prostitution industry. A prostitute cannot wait for weeks and months between each client. This kind of contract between 2 consenting parties can only be motivated by a mutual desire for physical/emotional affection, not economical considerations. Of course a woman might encounter financial difficulties and be tempted to use a temporary marriage contract to get support from a husband for given time. This then would be similar to a marriage of interest, where true intentions are hidden, and which the woman can end through divorce once her goal is attained. Except that with mutah the timeframe is clearly stipulated, leaving no room for deception. A man will enter into that union, knowing his wife is primarily interested in financial security for a given time. Again, it is a process the woman cannot repeat except 3 menstrual cycles after the end of her marriage. One may come back saying that men arent bound by the iddah, which opens the way for them to have successive and frequent mutah unions. One could of course always find a way to abuse the system, applying it against its spirit whether it is mutah or any other divine directive.
In practice this is only possible in a society that is careless of its sexual morality and the well being of its people. Just as none will marry its daughters to whomsoever desires it, none will accept them doing mutah with the first person that comes. Neither would one accept them going with a serial abuser of marriages/divorces, similarily none would like them being with a serial abuser of mutah. There is no place for frivolity in such unions. The fact is, there are bound to be situations, such as during long travels or exiles, where men and women, married or not, will find themselves needing physical/emotional contact for a time. This was particularily the case during the tumultous years of wars, exiles, uprooting of the early Muslims. Muslim warriors who many times had not seen their wives left behind prior to their migration to Medina, in addition were encamping for weeks in preparation of, and during warfare, and that had now under their wing female captives were allowed to seek by common accord this type of temporary marriage. When that time expires, the 2 are free to part ways or enter into a formal marriage contract.
As appears from the ahadith, one doesnt go to the extent of willing to self-castrate so as to refrain from sex, if the last contact with one's wife was recent
"We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet). “Shall we castrate ourselves?” But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment".
The prophet is reported to have recited 5:87 in relation to that ordinance on temporary marriage. The verse warns against transgression in one's enjoyment of the lawful things. The Muslim soldiers didnt have free rein in enjoying sexual contact with their captives. They had to do so, as stated earlier, by way of mutual agreement. The verse 5:87 was recited, but not revealed on that occasion. It was used in other instances to demonstrate a point to the believers. For example with Bilal and Uthman ibn Mazuun who had adopted ascetic lifestyles. The prophet disapproved and told them not to be overzealous in religion to the extent of denying themselves the lawful pleasures of life.
It is easy to speak abstractly of the notion of sexual restraint in all situations when practically, without regulation as in mutah, these situations lead to corrupting both the individual and the society. Men and women who cannot marry for all sorts of personal, circumstancial reasons, or those that want to marry but prefer knowing the future partner intimately first before taking the big leap, will eventually succomb to their desire after some time. Mutah provides regulation in case both are in agreement. Mutah can never be forced on anyone.
The Quran does not explicitly mention the practice, although the general wording in 4:24 can be interpreted as allowing it. Al-Tabari cites different early opinions while concluding himself that it is now impermissible. The verse uses istimtaatum, which can be used for any type of enjoyable relationship, whether permanent or temporary, as well as in contexts unrelated to marriages 46:20. The case that the verse still covers temporary marriages can be seen by the fact that the prophet allowed then disallowed mutah twice in his lifetime (at Khaybar then at conquest of Mecca). This is because there are situations to which it applies and others where it doesnt, as shown earlier. The Muslims relied on the prophet's judgement
"The Messenger of Allah gave permission for Mut'ah, so I and another man went to a woman from Bani 'Amir and offered ourselves to her (for Mut'ah). She said: 'What will you give me?' I said: 'My Rida' (upper garment).' My companion also said: 'My Rida'.' My companion's Rida' was finer than mine, but I was younger than him. When she looked at my companion's Rida' she liked it, but when she looked at me, she liked me. Then she said: 'You and your Rida' are sufficient for me.' I stayed with her for three (days), then the Messenger of Allah said: 'Whoever has any of these women whom he married temporarily should let them go".
One therefore can understand why ibn Abbas stuck to the exegetical reading of the verse
4:24"Then as to those whom you profit by (for an appointed time) give them their dowries as is due".
He might have understood the prophet's last ban as circumstantial like the first, while the majority of the companions thought the last ban was permanent.
As a side note, the word mutah is also used in the context of hajj, called hajj altamattu'/mutah of hajj. It allows one to perform umrah (the lesser pilgrimmage) and the complete hajj on the same trip. Some Muslims after the prophet's death were not sure of the permission and thus went to several close companions for inquiry
"Muslim al-Qurri reported: I asked Ibn Abbas (Allah be pleased with them) about Tamattu’ in Hajj and he permitted it, whereas Ibn Zubair had forbidden it. He (Ibn ‘Abbas) said: This is the mother of Ibn Zubair who states that Allah’s Messenger (may peace be upon him) had permitted it, so you better go to her and ask her about it. He (Muslim al-Qurri said): So we went to her and she was a bulky blind lady and she said: Verily Allah’s Messenger (may peace be upon him) permitted it".
This complete version of the hadith shows what Asma meant when she confirmed the practice of the mutah of women as is found in the shorter version of the hadith in Musnad Abi Dawud.
Further reading answering Sam Shamoun "Muhammad and the Ten Commandments"
No comments:
Post a Comment