Mutʿah (متعة)
Definition and Context
- Mutʿah (متعة): Lit. “Usufruct, enjoyment.” Refers to a kind of temporary marriage contracted for a certain period and for an agreed sum of money. This practice remains lawful among the Shīʿah sect but is deemed unlawful by the Sunni sects.
Etymology
- Arabic: متعة (Mutʿah) - Derived from the root “م ت ع,” which is associated with the concepts of enjoyment and utilization.
- Turkish: Muta evliliği
Historical Context
Mutʿah was historically practiced in pre-Islamic Arabia and later given sanction at specific times by the Prophet Muhammad. It was permitted during the time of battle, such as the Battle of Aut̤ās, but was later prohibited by the Prophet at Khaybar, according to Sunni traditions.
Legal Interpretations
Shīʿah Legal Perspective
In Shīʿah jurisprudence, Mutʿah marriages are allowed and governed by specific legal conditions:
- Declaration and Acceptance: Both parties must mutually agree and declare their intention, similar to a permanent (Nikāḥ) marriage.
- Eligibility: The woman must be either a Muslimah, a Christian, a Jewess, or, according to some interpretations, a Majūsī (Zoroastrian).
- Chastity and Inquiry: The woman should be chaste, and due inquiry into her conduct should be conducted.
- Dower (Mahr): A specified dower must be agreed upon. Failure to do so renders the contract void.
- Fixed Period: The period must be precisely defined, whether it is a year, a month, or a day.
- Practice of ʿAzl: Withdrawal before emission is lawful, and any resulting child is considered the husband’s unless denied by him.
Sunni Legal Stance
Sunni jurisprudence, particularly by scholars like Imām ash-Shāfiʿī and Imām Abū Ḥanīfah, considers Mutʿah marriages illegal. Historical accounts such as Baillie’s Digest and discussions within the court of Emperor Akbar highlight dissent and varying interpretations even within the Sunni context.
Qurʾānic Context
The legality of Mutʿah is also debated in Qurʾānic exegesis. Sūrah Al-Nisāʾ (4:24) has been referenced to establish its legitimacy:
- “…Forbidden to you also are married women, except those who are in your hands as slaves. This is the law of God for you. And it is allowed you, beside this, to seek out wives by means of your wealth, with modest conduct, and without fornication…”
Scholarly Debates
The discussions at the court of Emperor Akbar illustrated the complexity and differing viewpoints regarding Mutʿah. Scholars like Imām Mālik and Shaikh ʿAbdu ʾn-Nabī were referenced to argue in favor and against the practice. The diverse interpretations brought forth underscore the nuanced standing of Mutʿah in Islamic jurisprudence.
Suggested Books for Further Studies
- “Shi’ite Islam” by Allamah Tabatabai
- “The Origins and Evolution of Islamic Law” by W. Hallaq
- “The Spirit of Islamic Law” by Bernard G. Weiss
Takeaways
- Mutʿah represents a critical intersection of Islamic law, ethics, and historical practices.
- The legal and social acceptability of Mutʿah varies significantly between Shīʿah and Sunni interpretations.
- The debate over Mutʿah’s legitimacy is deeply rooted in juristic discourse and historical contingencies.
- Understanding Mutʿah necessitates examining both religious texts and the diverse opinions of Islamic scholars.
Conclusion
Mutʿah (متعة), while recognized and practiced within Shīʿah Islam, remains a contentious issue within the broader Islamic legal tradition. The nuanced interpretations and historical narratives surrounding Mutʿah highlight the complexities and pluralistic nature of Islamic jurisprudential thought.
