Mutah (Temporary Marriage)
Definition
Mutah, also referred to as Nikah al-Mut’ah in Arabic, or muta nikah in Turkish, is a private and verbal marriage contract between a man and an unmarried woman for a pre-defined period. This form of marriage, originating from pre-Islamic traditions, still holds legal and religious validity among Twelver Shi’is, particularly in Iran. Sunni jurists, however, universally reject the legality and religious validity of Mutah.
Etymology
The term Mutah (Arabic: المتعة, pronounced [al-mu’tah]) derives from the Arabic root متع (m-t-‘), meaning “to enjoy”. The concept underscores the permissive nature of this temporary union aimed at providing mutual pleasure rather than permanent familial constructs. The Turkish term is muta nikahı, giving a similar connotation.
Historical Context and Legal Framework
Mutah traces its roots back to pre-Islamic Arabian socio-cultural practices. Its incorporation into Islamic jurisprudence sees many debates around its permissibility and application:
- Twelver Shi’i Views: The practice is primarily associated with Twelver Shi’is who argue for its legitimacy based on Hadith and traditions attributed to Prophet Muhammad and his household. The length of the contract, including days, months, or years, and the agreed-upon consideration (Mahr) must be specified.
- Sunni Views: Sunni jurists reject Mutah, citing Prophet Muhammad’s statements which ostensibly abrogated the practice.
Duration and Conditions
The minimum duration of the Mutah contract has been a point of debate among legal scholars:
- Some jurists argue for a minimum period of three days, while others extend this to three months or even one year.
- Payments and contractual obligations must be clearly defined at the outset.
Objectives and Ethical Considerations
The primary aim of Mutah is the sexual enjoyment and companionship without emphasizing procreation. This characteristic differentiates it from a permanent marriage (Nikah). Within Shi’i Islam, the ethical discourse around Mutah frames it as a licit outlet for human desires under controlled conditions.
Post-Marital Obligations
Upon dissolution of the Mutah contract, the woman is required to observe a period of sexual abstinence known as iddah:
- In cases of no pregnancy, the iddah lasts two menstrual cycles.
- In cases of pregnancy, the iddah lasts until the childbirth. This serves to clarify the paternity of any potential offspring and maintain societal decorum.
Further Reading
For those interested in exploring the subject of Mutah in greater detail, the following books are recommended:
- “Mutʿah and Its Conditions in Modern Society” by Ayatollah Ja’far Subhani.
- “The Temporary Marriage in Islamic Law: Concubinage vs. Monogamous Marriage” by Liyakat Takim.
Takeaways and Conclusion
Mutah represents a significant and unique aspect of Shi’a Islamic family law. It encapsulates the community-specific understandings of relationship dynamics and legal stipulations recognizable among Twelver Shi’is. While widely debated, it remains an entrenched practice with nuanced ethical and societal implications.
As Muslims navigate various cultural and legal landscapes, understanding traditions like Mutah is crucial for both inter-sectarian dialogue and broader academic studies in religious practices.
