Nikaah mut’ah is a temporary stipulated marriage where the time span may be declared during the time of aqd; that is when a man gives out his daughter for the period of a month or a year or 6 months, for a known stipulated time. Mahr will be involved and all conditions may be fulfilled.
This kind of nikaah is false and invalid as apparently said by the Prophet, recorded by Bukhari and Muslim; marriage should be a permanent contract that gives blissful offspring, and not a means of satisfying one’s sexual urge for a short period of time.
The consensus of the past and present scholars declares such nikaah forbidden. Imam Awzaa’iy said: “even if the man did not pronounce the temporary marriage, that is: if he didn’t stipulate the time span but only has it in mind, such nikaah remains mut’ah which is forbidden.”
Reference:
*Al Istidhkaar volume 16 page 301
*Al Mughni of Ibn Quddaamah volume 7 page 573.
The ruling of the one who marries a woman while he has the intention of divorcing her after some time (after enjoying her), so he can move to other ladies is prohibition in Islam.
Imam Auzaa’iyy was not lone in this verdict. It was likewise reported from Al-Haakim and Al-Bayhaqii with a sound chain from Naafi’, he said: A man came to Ibn Umar and asked him about a man (husband) who divorced his wife thrice, and the husband’s brother married her without conspiracy from him, so that she can be transfer back to his brother, can she be permitted to the first husband? Ibn Umar radiya Allahu anhumaa said: “No, except a permanent nikaah” i.e: such temporary nikaah is not permissible in Islam. Nikaah must be a life contract relationship, a reason to be very careful while selecting a spouse; you must know why you choosed your spouse, the benefits in him or her that you consider not in others, not just to select someone as a spouse all because of sexual urge.
Coming to our reality, there are some people who ascribe themselves to the Sunnah of the Prophet but very far from the true teaching of the Prophet and our pious predecessors; some of their actions regarding marriage are synonymous to the reason nikaah mut’ah is forbidden. Apparently, there lies similarities.
Some of them brainwash young girls that may still be virgins and mostly virgins, they confuse them to go into marriage while they are not fully grown for marriage; they confuse some of them to leave school; once a time they propagate “do not study medicine and some other courses in the university,” they regard that as freemixing – with their shallow thinking of preaching early marriage. Meanwhile, the real Islamic meaning of early marriage is fitness of marriage, she may be 20 years old and already mentally, spiritually, psychological, physically fit for marriage, while the one at 25 years may not be. So it depends on teachings and experiences she is exposured to.
The saddening part after the brainwash, and eventually getting “married” to her, so soon after she has been dis-flowered and enjoyed, she gets divorced and transferred to another brother until the parents will eventually not know to which husband they can trace her to. This has been the act of some Shittes, unfortunately the same keeps coming from those who ascribe themselves to Sunnah.
There was one of them doing a lecture to defend divorce in the Northern Nigeria, while doing Tafsir of Suratu Talaq. He wasted time justifying Talaq (divorce) without considering the menace of divorce in the North. A northern man can do Nikaah today and divorce the poor woman the following day. This is one of the factors responsible for the menace of social vices in the North, including the Almajiri problem.
They look into books without considering the social implications; a jurist, scholar, or student of knowledge do not commit such atrocities.
But I assume with some issues happening around now, our brothers will begin to appreciate the difference in reading ‘Tira’ (Islamic books) and their realistic implications; Alhamdulillah, they are now learning it the hard way, what they could have appreciated from those they branded as Hizbees.
It is not peculiar to the one accused of rape or zina alone, most of those guys do it and they believe it is the normal thing based on their dogmatic reading of religious texts. I have instances of their sisters they have divorced and kept transferring among themselves. The females are the major victim of their so called Salafiyyah; they lose most because they lose their dignity just like prostitutes, it is Niqab that is hidden their sordid experiences; most of them have a sordid experiences within their network.
Most parents in Yoruba land whose daughters have become ‘salafised’ through this filthy manhaj blame the real propagators of Sunnah for their daughters fates, unknown to them that it is these archaic readers who claim to be the original Salafees; it is a shame.
Generally speaking, I do not want to believe anyone set any of them up, his glass only became full. Most of his admirers were still defending him on facebook because they all do it. That is their usual pattern of doing Nikaah; in fact, they will claim the Sunnah is to sleep with her before Waleemah based on Hadith of Abdul Rahman bn Auf. One of them just affirmed that recently on facebook, that is why they will not agree to the term ‘he raped her’.
The hadith where in the Prophet saw Abdul Rahman bn Awf and enquired of him which he told him he just married, they claimed even the Prophet who is very close to the Abdul Rahman did not know of the marriage, then the Prophet said he should conduct walimah (ceremony/feast) even with a “shaat (Sheep)”. So they claim the Sunnah is that you must first have slept (sex) with her after “Aqd” (i.e their own robbery Aqd where the issue of waliyy, witnesses has been eroded and bastardized) then you now invite for walimah. The legitimate witnesses of a contract (adqu) are not just people on a sit who glanced the occasion, rather those who expressed certain explicit wordings affirming their witnesses upon the contract.
There is a particular narration from Imam Bukhari which was narrated by Anas and it is different as it gives insight into the circumstance of the Aqd; there is another riwayah where the Prophet just saw Abdul Rahman with Henna and enquires and told him he just got married.
They will claim the Salaf will do Aqd and it will not be known by their colleagues and that they only got to know if he invites them for walimah after he must have slept with her which is sunnah. So you see the enjoyment in Salafism and why even if you argue on social media with them, you are just wasting your energy because there is opportunity for “cheap legal sex” just like Mut’ah of the Imaamiyyah Shittes.
So, they use the famous narration mostly (without studying other narrations of same hadeeth) to buttress the simplicity of the Salaf Nikaah, and that it is not necessarily publicized until after sex then you invite for waleemah while she is already in your house. They claim that is the Sunnah and not the public Ikhwani Nikaah of the Hizbiyyoon. And did any of the Salaf erode and bastardize the issue of waliyy, witnesses, women’s contentment as they do today? Definitely the Imaamiyyah will be a good Salaf to them on that.
They will now know the difference between the extremist reading of Tira and subjecting it to reality. If they are learning it in such hard way, they will appreciate those they have been castigating (blindly) all these while and they will realise that those who have been in the system for the good of Islam are not fools; instead of them to support and encourage those in the system for the benefit of the deen, they kept calling them Hizbees, when they commit public atrocities – we all take the blame. Non-Muslims and even many Muslim parents will not know there are some extremists of Muslims somewhere, this and some other reasons are the purpose of publicizing the nikaah even if done in a sitting room. The Prophet said in a sound narration:
أعلنوا هذا النكاح
“publicize your nikaah”
Let people know you are married, because that will close many doors of fitnah that may arise in present or future.
Organizing a simple feast (after the proper aqdu) is different from turning a family introduction/familiarization into aqdu sitting. The thin line between a valid and invalid aqd is in the clear and explicit expression of words. Make a proper marriage; not the robbery one.