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Mut'ah; a Comprehensive Guide

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Mut'ah; a Comprehensive Guide Mut'ah; a comprehensive guide Work file: mutah.pdf Project: Answering-Ansar.org Articles Revisions: No. Date Author Description Review Info Answering-Ansar.org Some revisionsَ 16.02.2008 2.0.1 2.0.0 05/12/2007 Answering-Ansar.org 2nd Edition 1.0.1 10.04.2004 Answering-Ansar.org Spelling corrections 1.0.0 22.11.2003 Answering-Ansar.org Created Copyright © 2002-2008 Answering-Ansar.org. • All Rights Reserved Page 2 of 251 Contents Table of Contents 1.T HE MARRIAGE OF MUT'AH ............................................................................................. 4 2.WH AT IS MUT'AH? ................................................................................................................ 6 3.T HE NECESSITY OF MUT'AH ............................................................................................. 8 4.Q UR'ANIC EVIDENCES FOR THE LEGITIMACY OF MUT'AH ................................ 14 5.C HAPTER 5: THE ARGUMENT THAT MUT'AH IS IMMORAL -I ............................. 43 6.C HAPTER 6: THE ARGUMENT THAT MUT'AH IS IMMORAL- II ......................... 100 7.C HAPTER 7: EXAMPLES OF SUNNI MORALITY ....................................................... 129 8.C HAPTER 8: WAS MUT'AH ABROGATED BY THE QUR'AN? ................................ 148 9.C HAPTER 9: WAS MUT'AH ABROGATED BY THE SUNNAH? ............................... 159 10.C HAPTER 10: THE TRUTH: THAT 'UMAR BANNED MUT'AH ............................. 182 11.CHAPTER 11: THE MISUSE OF SHI'A HADEETHS TO DEMONSTRATE THE P ROHIBITION OF MUTAH ................................................................................................. 220 12.C HAPTER 12: THE STATUS OF SLAVE-GIRL IN SHIA MADHAB ....................... 229 Copyright © 2002-2008 Answering-Ansar.org. • All Rights Reserved Page 3 of 251 13.C HAPTER 13- CONCLUSION: AN APPEAL TO JUSTICE ....................................... 243 14.A PPENDIX .......................................................................................................................... 245 15.C OPYRIGHT ...................................................................................................................... 251 Copyright © 2002-2008 Answering-Ansar.org. • All Rights Reserved Page 4 of 251 1. The Marriage of Mut'ah 1. Introduction Preface The Shi'a of Maula 'Ali (as) are a people whose legacy of truth is so sharp and hard hitting that many of our opposing 'ulama choose to steer clear from engaging in any type of lively discussions with us. Their fear is so strong that these self declared advocates of the first three khalifas do not have the courage to debate with us on issues of belief. Alhamdulillah in the Indian Subcontinent when the handful of brave defenders have sought to engage in debates with us on the topic of the first three khalifas, these Nasibi flee with their tails in between their legs, with no means of escape. Too stubborn to acknowledge defeat, these followers of Mu'awiyah have gone back to the drawing table and devised a brand new approach altogether, where they attack the Shi'as on issues of fiqh. Despite the fact that the four Sunni madhabs are bitterly divided amongst themselves on issues of fiqh to the point that they cannot even agree on how Rasulullah (s) offered salat, these noble warriors have not been undeterred, and have chosen to ignore their own differences and set sights on the Shi'a. Mut'ah is an issue linked to fiqh, a topic which like many has created many differences amongst the 'ulama. The only reason that these Nasibis (enemies of the Ahl al-Bayt (as)) have chosen to clog their Web Sites and books with articles and books is to keep the Shi'a 'ulama busy, so that they are provided with fewer opportunities to highlight the transgressions of their khalifas. Many followers of Mu'awiyah have dedicated hours of their free time on this topic, and we pray that this book shall answer all the propaganda and lies that are perpetuated against us. Those great works that we have singled out for special attention are as follows: 1. T he unlawfulness of Mut'ah by Maulana Mufti Muhammad Shafi 2. T he Shi'a practice of the forbidden temporary marriage, by Abu Sufyan 3. T emporary Marriage by an unnamed Muslim Sister 4. T emporary Marriage & Its Illegitimacy in Islam, by Nida'ul Islam magazine 5. S hiah Concept of Temporary Marriage, by Dr. Ahmad 'Abdullah Salamah 6. 'M uta (Temporary marriage Or Legalised Prostitution)' by Maulana Haq Nawaz Jhangvi 7. 'T he Difference between the Shee'ah and the Muslims who follow the Sunnah' by Saeed Ismaeel 8. E xcerpts from "Al-Halal wal-Haram fil Islam" by Yusuf al-Qaradawi 9. D id Hazrat Umar abrogate Muta'? taken from 'Islamic Voice Monthly [Vol 13-11 No:155] November 1999. 10. 'F atwa' by Darul-Iftah Jamia Ashrafia 11. M ut`ah by Understanding-Islam.com 12. 'Ab oobakr's daughter made Temporary Marriage?' Copyright © 2002-2008 Answering-Ansar.org. • All Rights Reserved Page 5 of 251 13.Tauhfa Ithna Ashari by Al Muhaddith Shah Abdul Aziz Dehlavi 14.Khutbah Jail by Maulana Azam Tariq (former leader of Sipah-e-Sahaba, Pakistan) 15.Hurmut Mu'tah, by Muhammad'Ali Jaanbaz (founder of Jamia Ibrahimiyah, Siyalkot, Pakistan) 16.Hurmut Mu'tah by Husayn Surwandhi (Pakistan) 17.Tahqeeq Mu'tah by Mufti Bashir Ahmed Sayrpuri (Pakistan) 18.Muta ya Zina? By Allamaa Ahmad Wasaya (Pakistan) 19.In this 2nd edition of our article, we will also be refuting the lies posted in various articles on Mutah by Ibn al-Hashimi, an ignorant Nasibi author of h ttp://www.ahlelbayt.com/articles/mutah Note: All the above articles are backed-up and are available to download in ZIP format. Please click on the link above titled "Original articles against Mut'ah". These great writers told numerous lies and sought to throw as much filth as they could get in their hands, and abandoned all principles of honesty and intellectual rigour whilst seeking to achieve their objective. We felt that it was essential that we answered these 'defenders of decency' back, in the manner that they deserve. We have raised our pens and now ask for justice before our readers, by citing evidences from the Qur'an, hadith, testimonies of the Sahaba and the Salaf 'ulama to support our arguments. May Allah (swt) accept our intention, and bless Prophet Muhammad and his purified family. Copyright © 2002-2008 Answering-Ansar.org. • All Rights Reserved Page 6 of 251 2. What is Mut'ah? Mut'ah is a type of marriage, used in the same way as a permanent marriage (Nikah) in order to make a man and woman physically halaal to each other. A Mut'ah is a temporary marriage that ends at a fixed period. Imam of Ahl as-Sunnah Waheed ad-Deen az-Zaman, in his footnotes of Sunan ibn Majah, defined Mut'ah as follows: Mut'ah is a type of Nikah until an agreed time. It can be for a day, two days, a month, one year, three years etc. Waheed ad-Deen az-Zaman. Sunan Ibn Majah. Volume 2, p. 76 Imam Nawawi in his commentary of Sahih Muslim, relied on the definition of Mut'ah advanced by Imam of Ahle Sunnah Qadi Iyad as follows: وPاnت Pف Pق الi cعPلمPاء PعPلى Pأ nن هS Pذ Sه الcمiتcعPة كPاPنتS cن Pكاح_ا إSلPى أPجPل Pلا SميرPاث Sفي Pها , PوSف Pراق Pها Pي cح iصل SبانS cق PضاءS اcلأPجPل Sمن غPيcر طPلPاق "Ulema agree that this Mut'ah is a Nikah in which the husband and wife do not inherit from eachother and separation would take place on the completion of the Specified time without Talaq". Sharh Sahih Muslim, Volume 4 page 13 The Sunni scholar Allamah 'Abd Ar-Rahman al-Jazeri in his Al-fiqh 'Ala Al-Madhahib al-Arba' said: أما حقيقة نكاح المتعة، فهو أن يقيد عقد الزواج بوقت معين، كأن يقول لها: زوجيني نفسك شهرا_. أو تزوجتك مدة سنة. أو نحو ذلك، سواء كان صادرا_ أمام شهود وبمباشرة ولي، أول The reality of Nikah Mut'ah is that, in the marriage recital performed with a woman, words are added which stipulate that the marriage is for a fixed time. For example a man shall say 'she shall remain as my wife for a month, or I shall have Nikah Mut'ah with you for a year." The parties themselves act as witnesses. It can occur in the presence of a Wali or witnesses, or without them. Al-fiqh 'Ala Al-Madhahib al-Arba' (Lahore Edition) Volume 4, page 167 The book can also be downloaded from the following Salafi library h ttp://saaid.net/book/open.php?cat=4&book=2692 The Sunni and Shi'a have no disagreement as to its original permissibility, though in recent years a number of Wahabis have claimed that Mut'ah was never permissible at all (contradicting the mainstream Sunni attitude). Sunnis believe that, in spite of its original permissibility in Islamic law, it was later abrogated, whereas the Shi'a reject this view. According to the teachings of the Imams (as) who came after the Prophet (s), Mut'ah was never abrogated and continues to be halaal until the Day of Judgement. The Prophet (s) neither deemed it haram, nor put an end to it, nor did Allah (swt) send a verse abrogating it. Rather, Mut'ah was declared impermissible by 'Umar ibn al-Khattab, in direct contradiction to the command of Allah (swt) and His Prophet (s). 2. How is Mut'ah Contracted? The contracting of Mut'ah is just like that of Nikah, both require specific words to make the contract halaal - both types of marriage have Dower. The difference between Mut'ah and standard Nikah is that there is no specified time scale, whilst a time scale is necessary with Mut'ah. Mut'ah has many Shari'ah rules / regulations if one wishes to learn further they should consult Shi'a books of fiqh. Copyright © 2002-2008 Answering-Ansar.org. • All Rights Reserved Page 7 of 251 3. Which type of women can you contract Mut'ah with? Similar rules that apply for Nikah apply for Mut'ah - if certain types of women are haram for a man to contract Nikah then the same rule applies with Mut'ah.
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