Why the Mut'ah marriage was allowed, then prohibited
Fatwa No: 179051

  • Fatwa Date:8-5-2012 - Jumaadaa Al-Aakhir 17, 1433
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Question

Assalamu Alaikum, The mut'ah marriage looks more like prostitution. According to sunni scholars, Prophet allowed mut'ah marriage initially and forbade later. Why did he allow initially? Regards

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

There is no doubt that the Mut’ah (temporary) marriage was lawful at the beginning and then it has been forbidden till the Day of Judgment; however, it was made permissible at the beginning under necessity.

Al-Haazimi  may  Allaah  have  mercy  upon  him said: “The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) did not permit it [i.e. the Mut’ah marriage] for them (his Companions) while they were in their houses and their home countries but he permitted it for them at times according to their necessity until he forbade it for them in the last year (of his life) in the Farewell Pilgrimage and this was an eternal prohibition about which there is no disagreement among the Imaams and the scholars of the Muslim nation with the exception of some Shiites.

Besides, Al-Qaadhi Iyaadh  may  Allaah  have  mercy  upon  him said: "The Ahaadeeth that made the Mut’ah marriage permissible were reported during their (the Companions') travels under necessity when there were no women (accompanying them) while their countries have a hot weather, and hence their need to satisfy their sexual desire of women. In the Hadeeth reported by Ibn ‘Umar, the Mut’ah marriage was a concession in the first era of Islam for whoever is compelled by necessity to do it just as one is compelled by necessity to eat dead meat and the like, and then they (the Muslim scholars) agreed in a consensus that when the temporary marriage is conducted it is void whether before or after the consummation of the marriage.

In Saheeh Muslim, Ibn Abi ‘Amrah said: “It was a concession in the first era of Islam for those who were compelled by necessity to do it, like dead meat, blood and pork, and then Allaah established His religion and so He forbade it.

Finally, it should be noted that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) did not make things lawful or forbidden except by revelation from Allaah; Allaah Says (what means): {Nor does he speak from [his Own] inclination. It is not but a revelation revealed.} [Quran 53: 3-4]

For more benefit, please refer to Fatwa 82221.

Allaah Knows best.

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