Another
of the misunderstood practices of Shi’ism that has often been criticized,
especially by some of the moderns, is temporary marriage or Mutah.
It is a definitely established historical fact that at the beginning of
Islam, namely between the commencement of the revelation and the migration of
the Holy Prophet to Medina, Temporary marriage, called Mutah, was practiced by
Muslims along with permanent marriage. As an example one can cite the case of
Zubayr al-Sahabi who married Asma, the daughter of Abu Bakr, in a temporary
marriage; from this union were born ‘Abdallah ibn Zubayr and ‘Urwah ibn
Zubayr. These figures were all among the most famous companions of the Holy
Prophet. Obviously if this union were to have been illegitimate and
categorized as adultery, which is one of the most grievous sins in Islam and
entails heavy punishments, it would never have been performed by people who
were among the foremost of the companions.
Temporary marriage was also practiced from the time of the migration
until the death of the Holy Prophet. And even after that event during the rule
of the first caliph and part of the rule of the second, Muslims continued to
practice it until it was banned by the second caliph, who threatened those who
practiced it with stoning. According to all the sources the second caliph made
the following statement: “There are two Mutahs which existed in
the time of the Prophet of God and Abu Bakr which I have banned, and I will
punish those who disobey my orders. These two Mutahs are the Mutah concerning
the pilgrimage (1) and
the Mutah concerning the women.”
Although at first some of the companions and the followers were opposed
to this ban by the second caliph, since that time the Sunnis have considered Mutah
marriage to be unlawful. The Shi’ites, however, following the teachings of
the Imams of the Household of the Prophet, continued to consider it legitimate
as it was during the lifetime of the Prophet himself.
In the Qur'an, God says concerning the believers: “And who guard
their modesty – Save from their wives or the (slaves) that their right hands
possess, for then they are not blameworthy,
But whoso craveth beyond that, such are the transgressors” (Qur'an,
XXXIII, 5-7). Also, “And those who preserve their chastity save with their
wives and those who their right hands possess, for thus they are not
blameworthy; But whoso craveth beyond that, those are they who are
transgressors” (Qur'an, LXX, 29-31). These verses were revealed in Mecca and
from the time of their revelation until Hijrah, it is well known that Mutah
marriage was practiced by the Muslims. If Mutah marriage had not been true
marriage and women who had married according to it had not been legitimate
wives, certainly according to these Qur'anic verses they would have been
considered to be transgressors of the law and would have been forbidden to
practice Mutah. It is thus clear that since temporary marriage was not
forbidden by the Prophet it was a legitimate marriage and not a form of
adultery.
The legitimacy of the Mutah marriage continued from the time of the
hijrah until the death of the Holy Prophet as this verse, revealed after
hijrah, proves, “And those of whom ye seek content (istamta’tum,
from the same root as Mutah) (by marrying them), give unto them their
portions as a duty (Qur'an, IV,
24). Those opposed to Shi’ism contend that this verse from the “Chapter on
Women” was later abrogated, but the Shia do not accept this view. In fact,
the words of the second caliph cited above are the best proof that up to the
time of his ban such marriages were still practiced. It is inconceivable that
if Mutah had been abrogated and forbidden it would have continued to be
commonly practiced by Muslims during the lifetime of the Holy Prophet and
after his death until the time of the second caliph; that if Mutah had been
abrogated no action would have been taken to forbid it. We cannot accept the
claim that the only thing that the second caliph did was to put into action an
order of prohibition and abrogation of Mutah given by the Holy Prophet, for
such a possibility is negated by the clear words of the second caliph.
“There are two Mutahs which existed in the time of the Holy Prophet and Abu
Bakr which I have banned, and I will punish those who disobey my orders.”
From the point of view of legislation and the preservation of public
interest also we must consider the legitimacy of temporary marriage, like that
of divorce, one of the noteworthy features of Islam. It is obvious that laws
and regulations are executed with the aim of preserving the vital interests of
the people in a society and providing for their needs. The legitimization of
marriage among mankind from the beginning until today is an answer to the
instinctive urge for sexual union. Permanent marriage has been continuously
practiced among the different peoples of the world. Yet despite this fact, and
all the campaigns and efforts at public persuasion that are carried out
against it, there exists throughout the countries of the world, in large and
small cities, both hidden and public places where illegitimate sexual union or
fornication takes place. This in itself is the best proof that permanent
marriage cannot fulfill the instinctive sexual desires of everyone and that a
solution must be sought for the problem.
Islam is a universal religion and in its legislation takes all types of
human beings into consideration. Considering the fact that permanent marriage
does not satisfy the instinctive sexual urge of certain men and adultery and
fornication are according to Islam among the deadly of poisons, destroying the
order and purity of human life, Islam has legitimized temporary marriage under
special conditions by virtue of which it becomes distinct from adultery and
fornication and free of their evils and corruptions. These conditions include
the necessity for the woman to be single, to become married temporarily to
only one man at a time, and after divorce to keep a period during which she
cannot be remarried (‘iddah), half of the time that is required after
the permanent marriage. The legitimizing of temporary marriage in Islam is
done with the aim of allowing within the sacred law possibilities that
minimize the evils resulting from the passions of men, which if not channeled
lawfully manifest themselves in much more dangerous ways outside the structure
of religious law.
(1)
The Hajj Mutah is a kind of pilgrimage which was legislated at the end of
the lifetime of the Prophet.