Mut’ah, a comprehensive guide Work file: mutah.pdf Project: Answering-Ansar.org Articles Revisions: No. Date Author Description Review Info 1.0.1 10.04.2004 Answering-Ansar.org Spelling corrections & update of Copyright notice 0.0.1 22.11.2003 Answering-Ansar.org Created Copyright © 2002-2004 Answering-Ansar.org. • All Rights Reserved Page 2 of 171 Contents 1. THE MARRIAGE OF MUT'AH 8 1.1 INTRODUCTION 8 PREFACE 8 2. WHAT IS MUT'AH? 10 1.2 HOW IS MUT'AH CONTRACTED? 10 1.3 WHICH TYPE OF WOMEN CAN YOU CONTRACT MUT'AH WITH? 10 1.4 IDDAH (WAITING PERIOD) IN MUT'AH 11 1.5 WHAT IS THE POSITION OF CHILDREN BORN FROM MUT'AH? 11 1.6 DO ALL PRINCIPLES THAT APPLY ON WOMEN IN NIKAH ALSO APPLY IN MUT'AH? 11 3. QUR'ANIC EVIDENCES FOR THE LEGITIMACY OF MUT'AH 12 1.7 THE VERSE OF MUT'AH (4:24) 12 1.8 SUNNI TAFSIR OF VERSE 4:24 20 1.9 SUNNI DOUBTS AS TO THE CORRECT RECITATION OF THIS VERSE 29 1.10 QUALITY OF SUNNI 'ULAMA RULING ON THE IMPERMISSIBILITY OF MUT'AH 33 1.11 CONCLUSION 34 4. THE ARGUMENT THAT MUT'AH IS IMMORAL 35 1.12 REPLY - HAD THE SAHABA STILL NOT ABANDONED THE TRAITS OF JAHILIYYA IN THE 8TH HIJRI? 39 1.13 REPLY 40 1.14 LIES AND FORGERIES OF THE WAHABI AUTHOR 41 1.15 INHERITANCE OF MUT'AH CHILD 42 1.16 IDDAH (WAITING PERIOD) IN MUT'AH MARRIAGE 43 1.17 MUT'AH WITH CHRISTIANS/JEWS WOMEN 45 1.18 THE QIYAS ARGUMENT: COMPARING MUT'AH TO ZINA 47 QIYAS 1: MUT'AH AND ZINA BOTH INVOLVE SEX, THEREFORE BOTH ARE HARAM 47 QIYAS 2: ZINA AND MUT'AH ARE FOR A FIXED TIME, HENCE THEY ARE BOTH HARAM 49 QIYAS 3: ZINA AND MUT'AH ARE DONE IN HIDING, HENCE THEY ARE BOTH HARAM 50 QIYAS 4: MEN MAY PERFORM MUT'AH WITH MULTIPLE WOMEN JUST AS A MAN MAY FORNICATE WITH MULTIPLE WOMEN. THEREFORE, BOTH ARE HARAM 50 QIYAS 5: ZINA IS LIKE MUT'AH, SINCE NEITHER INVOLVE TALAQ (DIVORCE). HENCE, BOTH ARE HARAM. 50 QIYAS 6: ZINA AND MUT'AH CARRY NO INHERITANCE. HENCE BOTH ARE HARAM 51 QIYAS 7: MUT'AH AND ZINAH CARRY NO 'IDDAH 52 QIYAS 8: IN NIKAH YOU CAN ONLY HAVE SEX WITH 4 WOMEN AT ANY ONE GIVEN TIME, WHEREAS IN MUT'AH, LIKE ZINA, YOU CAN SLEEP WITH MULTIPLE WOMEN. 52 QIYAS 9: TEMPORARY WIVES DO NOT INHERIT, THE SAME AS WOMEN IN HARAM SEXUAL RELATIONSHIPS 53 REPLY 53 QIYAS 10: TEMPORARY WIVES ARE NOT TREATED LIKE PERMANENT WIVES 54 QIYAS 11: NO ONE WOULD CLAIM TO BE THE CHILD OF MUT'AH 54 QIYAS 12: MUT'AH AND ZINA BOTH DESTROY FAMILIES 55 Copyright © 2002-2004 Answering-Ansar.org. • All Rights Reserved Page 3 of 171 QIYAS 13: MUT'AH DOES NOT REQUIRE WITNESSES, THEREFORE IT IS LIKE ZINA AND, THEREFORE, BECOMES HARAM 55 QIYAS 14 - NO RESPECTABLE PEOPLE LIKE THE PRACTICE OF MUT'AH 57 REPLY ONE - NO RESPECTABLE PEOPLE LIKE THE PRACTICE OF NIKAH HALALA 58 REPLY TWO- NO RESPECTABLE PEOPLE LIKE THE USAGE OF TALAQ 58 REPLY THREE - MUT'AH IS A MEANS OF PROTECTING PEOPLE FROM ZINA 59 QIYAS 15: THE SHI'A SHARE MUT'AH WOMEN AND THIS IS SHAMEFUL 59 1.19 SUNNI SCHOLARS HAVE ADMITTED THAT THERE IS NO HADD FOR MUT'AH 60 1.20 THE ARGUMENT THAT MUT'AH DOES NOT MEET THE CRITERION OF CHASTITY (IHSAN), NOR DOES IT QUALIFY AS MARRIAGE 60 1.21 DR. SALAMAH'S STATEMENTS CONCERNING DOWRY 62 REPLY ONE - THE SHARI'AH DOES NOT STIPULATE WHAT DOWRY SHOULD BE 62 REPLY TWO - ACCORDING TO THE AHL AS-SUNNAH ALCOHOL AND PIGS CAN BE INCLUDED AS DOWRY! 63 REPLY ONE 64 REPLY TWO 64 REPLY THREE 64 1.22 DR. SALAMAH'S DISCUSSION ON THE BLESSING OF MUT'AH 65 REPLY 66 1.23 DR. SALAMAH'S DISCUSSION THAT THOSE THAT PRACTISE MUT'AH SHALL BE WITH THE PROPHET AND IMAMS 66 REPLY ONE 66 REPLY TWO 67 REPLY THREE 67 1.24 DR. SALAMAH'S DISCUSSION ON THE REWARDS FOR MUT'AH 68 REPLY 68 1.25 DR. SALAMAH'S DISCUSSION THAT THERE IS NO NEED TO MAKE ENQUIRIES ABOUT A WOMAN BEFORE MUT'AH 69 REPLY ONE - DID THE SAHABA CONDUCT SUCH INVESTIGATIONS? 70 REPLY TWO - THE TRADITION CARRIES A WEAK ISNAD 70 REPLY THREE - QADHI ABU YUSUF ENDORSED A MARRIAGE THAT HE KNEW WAS HARAAM UNDER THE SHARI'AH 70 1.26 DR SALAMAH'S DISCUSSION ON MUT'AH WITH A YOUNG GIRL 71 REPLY ONE - ACCORDING TO THE AHL AS-SUNNAH AYESHA MARRIED RASULULLAH (S) WHEN SHE WAS NINE 71 REPLY TWO- ACCORDING TO THE AHL AS-SUNNAH YOU CAN EVEN MARRY A GIRL UNDER THE AGE OF NINE 72 REPLY THREE - UMAR MARRIED A GIRL WHO HAD NOT EVEN ATTAINED PUBERTY 73 1.27 DR SALAMAH'S DISCUSSION ON THE COMMISSION OF MUT'AH 73 1.28 DR. SALAMAH'S DISCUSSION THAT YOU CAN CONTRACT MUT'AH WITH COUNTLESS WOMEN 73 REPLY 74 1.29 THE FATWA OF WAHABI LEADER BIN BAZ 75 1.30 REFUTING THE QUESTIONS POSED BY DR SALAMAH AL NASIBI 77 FIRST EXAMPLE OF SUNNI MORALITY - SALAFI 'ULAMA RULED THAT MASTURBATION IS HALAL 80 COMMENT 82 SECOND EXAMPLE OF SUNNI MORALITY SUNNI 'ULAMA LEGITIMISED THE USE OF A DILDOE (FEMALE SEX TOYS) 82 COMMENT 82 THIRD EXAMPLE OF SUNNI MORALITY - SUNNI 'ULAMA HAVE RULED ON THE PERMISSIBILITY OF HAVING SEX WITH WATERMELONS 82 COMMENT 83 Copyright © 2002-2004 Answering-Ansar.org. • All Rights Reserved Page 4 of 171 FOURTH EXAMPLE OF SUNNI MORALITY - A SALAFI WOMAN CAN SUCKLE A SALAFI MAN WITH A BEARD 84 COMMENT 84 FIFTH EXAMPLE OF SUNNI MORALITY - PAEDOPHILIA, BESTIALITY AND NECROPHILIA CAN BE PERFORMED WHILST ONE IS FASTING 85 COMMENT 85 SIXTH EXAMPLE OF SUNNI MORALITY - THE PERMISSIBILITY OF PRAYING BEHIND A DRUNKEN PERSON 85 COMMENTARY 86 SEVENTH EXAMPLE OF SUNNI MORALITY - THE PERMISSIBILITY TO PAY A WOMAN FOR SEX, WITHOUT FEAR OF ISLAMIC PUNISHMENT 86 EIGHTH EXAMPLE OF SUNNI MORALITY FATWA OF ABU HANIFA ON THE PERMISSIBILITY OF HAVING SEX WITH ONE'S MOTHER 86 COMMENTARY 87 NINTH EXAMPLE OF SUNNI MORALITY - THE 'HONOURABLE' TACTIC OF AMR BIN AAS TO SURVIVE IMMINENT DEATH ON THE BATTLEFIELD 87 COMMENT 88 TENTH EXAMPLE OF SUNNI MORALITY - THE DEOBANDI DEATH RITUAL 88 COMMENT 88 ELEVENTH EXAMPLE OF SUNNI MORALITY - RASULULLAH (S) VIOLATED THE QUR'AN TO SATIATE HIS SEXUAL DESIRE (ASTAGHFIRULLAH) 88 COMMENT 88 TWELFTH EXAMPLE OF SUNNI MORALITY - AYESHA WOULD GIVE SEX ADVICE TO THE SAHABA 89 COMMENT 90 THIRTEENTH EXAMPLE OF SUNNI MORALITY - RASULALLAH (S) WOULD GIVE SEX ADVICE SESSIONS TO THE SAHABA IN THE PRESENCE OF AYESHA 90 COMMENT 90 COMMENT 91 FOURTEENTH EXAMPLE OF SUNNI MORALITY - MU'AWIYAH LEGITIMISED THE ADULTERY OF HIS FATHER 91 COMMENT 92 FIFTEENTH EXAMPLE OF SUNNI MORALITY - RASULULLAH (S) WOULD READ THE QURAN USING AYESHA'S LAP WHILST SHE WAS MENSTRUATING 92 COMMENT 92 SIXTEENTH EXAMPLE OF SUNNI MORALITY -RASULULLAH (S) AND AYESHA WOULD PERFORM GHUSL WHILST SITTING IN THE SAME BATH 93 COMMENT 93 SEVENTEENTH EXAMPLE OF SUNNI MORALITY - AYESHA PERFORMED GHUSL IN FRONT OF MEN 93 COMMENT 93 EIGHTEENTH EXAMPLE OF SUNNI MORALITY - RASULULLAH'S TOUCHING A WOMAN BEFORE MARRIAGE 94 COMMENT 94 NINETEENTH EXAMPLE OF SUNNI MORALITY - RASULULLAH (S) WOULD DISCUSS MATTERS RELATING TO MALE GENITALIA WITH A NON-MAHRAM WOMAN 95 COMMENT 95 TWENTIETH EXAMPLE OF SUNNI MORALITY - YAZID BIN MU'AWIYA WAS AN INCESTUOUS HOMOSEXUAL BUT ALSO A KHALIFA OF RASULULLAH AND A SUNNI MUSLIM 95 TWENTY FIRST EXAMPLE OF SUNNI MORALITY - HADHRATH UMAR PLACED HIS HAND IN A CAMEL'S ANUS 96 COMMENT 96 TWENTY SECOND EXAMPLE OF SUNNI MORALITY - HADHRATH UMAR'S SPECIAL MALE 'ASSISTANCE' WITH ABLUTION 97 COMMENT 97 Copyright © 2002-2004 Answering-Ansar.org. • All Rights Reserved Page 5 of 171 TWENTY THIRD EXAMPLE OF SUNNI MORALITY - HADHRATH UMAR WOULD ASK QUESTIONS PERTAINING TO SEX FROM HIS OWN DAUGHTER! 97 COMMENT 97 TWENTY FOURTH EXAMPLE OF SUNNI MORALITY - IT IS PERMISSIBLE TO SHOUT AND SCREAM AT WOMEN WHO ANSWER THE CALL OF NATURE 98 COMMENT 98 1.31 CONCLUSION 98 5. WAS MUT'AH ABROGATED BY THE QUR'AN? 99 1.32 ARGUMENT 1 99 REPLY 100 REPLY 103 1.33 ARGUMENT 2 105 REPLY 105 THE NARRATION OF IBN MAS'UD 105 TESTIMONY OF SUNNI 'ULAMA THAT THE VERSE OF MUT'AH WAS NOT ABROGATED 106 1.34 ARGUMENT 3 107 REPLY 107 6. WAS MUT'AH ABROGATED BY THE SUNNAH? 109 1.35 REPLY ONE 110 1.36 REPLY TWO 110 REPLY I - A NARRATION BY AZ ZUHRI THE NASIBI CAN BE REJECTED 111 REPLY II - THE NARRATORS OF THIS TRADITION ARE WEAK 111 REPLY III - SUNNI AND SHI'A TRADITIONS CONFIRM THAT IMAM 'ALI (AS) BELIEVED THAT MUT'AH WAS HALAAL. 111 REPLY IV - THE SUNNI 'ULAMA HAVE THEMSELVES REJECTED THE NOTION THAT MUT'AH WAS MADE HARAAM AT KHAYBER 111 REPLY V - WAS IMAM 'ALI (AS) THE ONLY PERSON TO HAVE HEARD THIS PROHIBITION? 112 1.37 ANALYZING THE CLAIM THAT MUT'AH WAS MADE HARAAM AT THE TIME OF THE CONQUEST OF MAKKA 114 REPLY ONE - IBN QAYYIM REJECTED THE CLAIM THAT MUT'AH WAS MADE HARAAM AT THE VICTORY OF MAKKA 114 REPLY TWO - WAS SABRA THE ONLY PERSON TO HAVE HEARD THE PROHIBITION AT FATH MAKKA? 115 REPLY THREE - THE NARRATORS ARE NOT RELIABLE 115 REPLY FOUR - THE TRADITIONS ARE REPLETE WITH CONTRADICTIONS 115 1.38 AN OVERVIEW OF THE TRADITIONS PROHIBITING MUT'AH 116 1.39 THE EFFORTS OF THE AHL AS-SUNNAH'ULAMA TO JUSTIFY THE CONTRADICTIONS 118 1.40 THE REVELATION OF THE VERSE OF MUT'AH AT HUNAYN REFUTES ALL TRADITIONS ON THE PROHIBITION OF MUT'AH 122 1.41 SOME FINAL POINTS TO THINK OVER 124 1.42 THE MISUSE OF SHI'A HADEETHS ON ABROGATION 125 REPLY ONE - A HADITH THAT HAS NOT BEEN VERIFIED BY A HADITH SCHOLAR CANNOT BE RELIED UPON 126 REPLY TWO - SHAYKH TUSI REJECTED BOTH TRADITIONS 126 REPLY THREE - THE NARRATORS OF THE KHAYBER TRADITION ARE WEAK 126 1.43 THE TRADITION WHEREIN THE IMAM (AS) TURNED HIS FACE 127 REPLY 127 Copyright © 2002-2004 Answering-Ansar.org.