Proof that the Mut’ah (Temporary) Marriage Was Abrogated
Fatwa No: 388024

  • Fatwa Date:10-12-2018 - Rabee' Al-Aakhir 2, 1440
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Question

Thank you for answering my question in fatwa 386500.Please tell me how can you say that the Verse 4:24 does not mean temporary marriage if Tafsir Ibn Abbas say otherwise? In his explanation of sura 4:24 he says clearly " and it is also said that this means: so that you should seek with your money marrying women for an agreed period of time (zawaj al-mut'ah) but the lawfulness of this practice was later abrogated, (in honest wedlock)"(https://www.altafsir.com/Tafasir.asp?tMadhNo=2

Answer

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

The context of the two mentioned verses are all about conducting the known valid Islamic marriage contract that fulfills the needed conditions. Allah Says (what means): {…then marry those that please you of [other] women, two or three or four..} [Quran 4:3] Then Allah Says in the verse after it (what means): {… And give the women [upon marriage] their [bridal] gifts graciously.} [Quran 4:4]

When Allah mentioned the women who are forbidden to us for marriage, He Says (what means): {…And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation.} [Quran 4:24] Then Allah Says in the verse after it (what means): {…And whoever among you cannot [find] the means to marry free, believing women….} [Quran 4:25]

Therefore, you see that the entire context is about marriage. It is for this reason that Ash-Shanqeeti  may  Allaah  have  mercy  upon  him said in his Tafseer, Adhwaa’ Al-Bayaan: “The verse is about the marriage contract and not about the Mut’ah (temporary) marriage.” [End of quote]

He  may  Allaah  have  mercy  upon  him mentioned many verses that clarify that the dowry is called compensation, like the Saying of Allah (which means): {So marry them with the permission of their people and give them their due compensation according to what is acceptable.} [Quran 4:25]; meaning their dowry; there is no difference of opinion on this issue amongst the scholars.

Then he mentioned something important in refuting the inference of those who say that the verse means that the Mut’ah marriage is lawful, and we will quote his complete statement due to its importance. He  may  Allaah  have  mercy  upon  him said:

If it is said that Ibn ‘Abbaas, Ubay ibn Ka'b, Sa'eed ibn Jubayr and As-Suddiy recited the verse (which means): {So for whatever you enjoy [of marriage] from them.} [Quran 4:24] and added: “to an appointed time”, which indicates that the verse is about the Mut’ah marriage. The answer to this is in the three following points:

1- Their addition ‘to an appointed time’ is not confirmed to be a verse from the Quran, because the companions agreed in a consensus that this was not written in the copies of the Quran collected by ‘Uthmaan  may  Allaah  be  pleased  with  him. Most scholars of the principles of jurisprudence are of the view that what the companion recited as Quran but is not confirmed to be from the Quran cannot be used as evidence for anything, as it is in principle void. This is because he recited as Quran, but it is not confirmed to be part of the Quran, then it is void in principle.

2- If we presume that this is something that can be used as evidence, like using the Aahaad narration as evidence, as stated by a group of scholars, or if we presume that this is how they interpreted the verse, then it is contradicted by a stronger evidence. This is because the majority of the scholars hold an opposite view. Additionally, there are so many explicit authentic Ahadeeth about the prohibition of the Mut’ah marriage. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) explicitly stated that the prohibition is continuing until the Day of Judgement, as confirmed in Saheeh Muslim from the Hadeeth narrated by Saburah ibn Ma’bad Al-Juhani  may  Allaah  be  pleased  with  him. He said that he took part in a battle with the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) on the day of the conquest of Makkah, and the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: “O people, I had permitted temporary marriage for you before, but Allah has forbidden this (from now) until the Day of Resurrection; so whoever amongst you had married a temporary marriage, then he must separate from her [i.e. divorce her]. However, you should not take anything from what you had given them as compensation.” There is another narration by Muslim which stated that this was said in the farewell Hajj. However, there is no contradiction in this, as it is possible that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said that on the day of the Conquest of Makkah and said it again during the Farewell Hajj. Combining between two narrations is obligatory whenever possible, as determined in the Science of the Principles of jurisprudence and the Sciences of Hadeeth.

3- If we hypothetically presume that the verse indicates the permissibility of the Mut’ah marriage, then this permissibility was abrogated in many authentic Prophetic narrations, which were reported by Al-Bukhari and Muslim. (In these narrations) the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) abrogated Mut’ah twice; once on the day of the battle of Khaybar, and the second time was on the day of the conquest of Makkah ….” [End of quote]

The most important thing is that the Mut’ah marriage was abrogated after it had been lawful. This is confirmed by evidence from the Prophetic Sunnah, and some scholars reported a consensus that the Mut’ah marriage is forbidden, including Ibn Al-Munthir, Al-Qaadhi ‘Iyaadh, Al-Khattaabi and Al-Qurtubi.

For more benefit on temporary marriage, please refer to Fataawa 386500, 179051, 221503, 83457, 86682 and 90234.

Allah knows best.

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