The Muhammadan Shariah: A Complete Code of Life
The Islamic Shariah, which was bestowed through our beloved Prophet Muhammad ﷺ, is a complete and comprehensive code of life. There is no need for any change in it until the Day of Judgment because the laws that used to change in different eras and circumstances of the past have been fixed forever by Islam. A strong and permanent constitution of life has been given from the time of the revelation of the Divine message until the Day of Judgment.
Social Reform and Determination of Laws
The perfection of Shariah demanded that laws be established not only for individuals but for the welfare of the entire society. Islam gradually declared actions that caused social corruption as forbidden. The best example of this is the prohibition of alcohol. Initially, Muslims were prevented from drinking alcohol during prayer times, then its harms were pointed out, and finally, it was made completely forbidden.
The Prohibition of Nikah Mut’ah
Similarly, Nikah Mut’ah, which was permissible in the early period, was permanently prohibited for the sake of social reform. Just as the Companions of the Prophet ﷺ were allowed to drink alcohol before its prohibition, but later it was declared forbidden, in the same way, Nikah Mut’ah was gradually made unlawful. Now it is not permissible for any Muslim to insist on the permissibility of Nikah Mut’ah based on the events of that era.
Harmful Effects of Nikah Mut’ah
Nikah Mut’ah had many negative effects on the individual and society, which is why it was declared forbidden. In contrast, the Shariah marriage was promoted, which is better for both the individual and society. The purpose of Shariah marriage is the protection of chastity and modesty, whereas this is not possible in Nikah Mut’ah. It lacks permanence and stability, there is a lack of love and tranquility, and the concept of multiple husbands is also found in it.
Social Deviance and Nikah Mut’ah
Through Nikah Mut’ah, society falls into misguidance and the high values of humanity are violated. It allows a woman to have relations with multiple men, which destroys the institution of the family. Such children, whose paternity cannot be determined, become a cause of social corruption.
Sheikh al-Islam Ibn Taymiyyah (may Allah have mercy on him) says:
“The legitimate marriage is that which is known among Muslims, and this marriage becomes a cause of love and mercy between the spouses.”
Shia Religion and Nikah Mut’ah
Despite the evils of Nikah Mut’ah, it is considered an important part of the Shia religion. According to Shia scholars, Nikah Mut’ah is a necessary requirement of the Imami sect, which they deem permissible.
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Sheikh al-Taifah Abu Ja’far Tusi (may Allah have mercy on him) writes:
“It is not necessary for the man who performs Nikah Mut’ah to ask the woman whether she has a husband or not.”
Shia jurist Muhammad ibn Hasan al-Hurr al-Amili (may Allah have mercy on him) writes:
“Declaring Nikah Mut’ah permissible is a religious necessity for the Imami Shias.”
Nikah Mut’ah and the Consensus of the Ummah
There is consensus among the Muslim Ummah in Islamic Shariah that Nikah Mut’ah has been declared forbidden until the Day of Judgment. The opinions of important scholars on this matter are as follows:
Imam Abu Ubaid Qasim bin Salam, may Allah have mercy on him
Imam Abu Ubaid states: “Today, Muslims have consensus that Nikah Mut’ah has been abrogated and declared forbidden. The Book and Sunnah have abrogated it. No companion supported its permissibility except Ibn Abbas, may Allah be pleased with them both, and even from him, the statement of retraction is reported.”
Further Evidence of the Consensus of the Ummah
Imam Abu Ubaid further states: “The people of Iraq, the people of Hijaz, the people of Sham, the companions of hadith and the companions of opinion, and all other scholars agree that whether there is compulsion or not, Nikah Mut’ah is not permitted and it is forbidden.”
Imam Baghawee, may Allah have mercy on him
Hafiz Abu Muhammad Hussain bin Mas’ud Baghawee states: “There is consensus among scholars on the prohibition of Nikah Mut’ah, and this consensus has been established among Muslims.”
Imam Ibn al-Jawzi, may Allah have mercy on him
Hafiz Abdul Rahman bin Ali Ibn al-Jawzi says: “There is consensus on the abrogation of Nikah Mut’ah.”
Imam Qurtubi, may Allah have mercy on him
The famous commentator Imam Qurtubi says: “There is consensus among Muslims on the prohibition of Nikah Mut’ah.”
Imam Tahawi, may Allah have mercy on him
Imam Abu Ja’far Tahawi says: “Sayyiduna Umar, may Allah be pleased with him, forbade Mut’ah in the presence of the Companions, and no one objected, which proves that all the Companions agreed with Sayyiduna Umar on this ruling.”
Nikah Mut’ah and the Holy Quran
Allah Almighty says: “And those who guard their private parts except from their wives or those their right hands possess, for indeed, they are not to be blamed – But whoever seeks beyond that, then they are the transgressors.”
It is narrated from Umm al-Mu’minin Sayyida Aisha, may Allah be pleased with her, that she said: “The Book of Allah will decide between me and you.” Then she recited this verse: {وَالَّذِیْنَ ہُمْ لِفُرُوْجِہِمْ حَافِظُوْنَ}۔”
Tafsir and Reasoning
The famous commentator Allama Qurtubi clarified that the Quran does not permit Nikah Mut’ah, because the Prophet Muhammad ﷺ declared it forbidden, and only the Shariah-compliant marriage, which takes place in the presence of a guardian and two witnesses, is permissible.
Nikah Mut’ah in the Hadiths of the Prophet ﷺ
Nikah Mut’ah was first prohibited during the Battle of Khaybar, then allowed for three days at the time of the Conquest of Mecca, and finally forbidden until the Day of Judgment.
The Prohibition of Nikah Mut’ah and Consensus in the Light of Hadiths
The Prophet Muhammad ﷺ explicitly forbade Nikah Mut’ah and the consumption of domestic donkey meat during the Battle of Khaybar. Reliable narrations from Sayyiduna Ali رضي الله عنه and other companions are transmitted from trustworthy sources, whose authenticity is unanimously agreed upon by scholars of Hadith.
Hadith of Ali رضي الله عنه: The Prohibition of Mut’ah
Sayyiduna Ali رضي الله عنه narrated: “The Prophet Muhammad صلی اللہ علیہ وسلم prohibited Nikah al-Mut’ah and the meat of domestic donkeys during the Battle of Khaybar.”
Scholars’ Opinion
According to the unanimous views of the scholars, this hadith is authentic and is a strong proof for the prohibition of Nikah al-Mut’ah.
Imam Abu Ja’far Ahmad bin Muhammad al-Nahhas states: “There is no disagreement regarding the authenticity of the chain of this hadith and the prohibition of Mut’ah narrated from Sayyiduna Ali رضي الله عنه.”
Imam Al-Baghawi states: “All scholars agree on the authenticity of this hadith.”
Imam Ibn al-Jawzi states: “Undoubtedly, scholars agree on the authenticity of this hadith.”
Imam Iraqi states: “There is consensus on the authenticity of this hadith.”
Imam Sakhawi states: “This hadith is agreed upon.”
Imam Bukhari states: “Sayyiduna Ali رضي الله عنه said that Mut’ah has been abrogated.”
Removal of a Doubt
Some individuals have doubts regarding the Day of Khyber, arguing that the prohibition of Mut’ah was not possible at Khyber because at that time it was not possible to marry or have Mut’ah with Jewish women. In response, Imam Ibn Qayyim, may Allah have mercy on him, stated that at that time marriage with the women of the People of the Book was not permissible, therefore Mut’ah was also not possible.
Hafiz Ibn Hajar answers this by saying: “The hadith does not specify that Mut’ah was performed at Khyber, rather the Prophet Muhammad, peace be upon him, ordered the prohibition of Mut’ah on the day of Khyber.”
The Prohibition of Mut’ah Marriage: A Doubt and Its Resolution
Some people raise the doubt that Mut’ah marriage was not forbidden at the time of the Battle of Khyber, and that the words “Day of Khyber” in this hadith might be a misconception of the narrator. However, this is not correct. Scholars and hadith experts have presented clear evidence on this matter.
Verification of the Words “Day of Khyber”
It is established that all the students of Imam Zahri, may Allah have mercy on him, agree on the words of the Day of Khyber, so there is no room for any doubt in this matter. It is narrated from Sayyiduna Abdullah bin Umar, may Allah be pleased with both of them, by his son Salim, may Allah have mercy on him, that: “A person asked Sayyiduna Abdullah bin Umar about Nikah Mut’ah, and he said that it is forbidden. The person said that so-and-so considers it permissible, so Ibn Umar swore and said: It has become clear that the Messenger of Allah, peace and blessings be upon him, declared it forbidden on the day of the Battle of Khyber, and we were not adulterers.”
Hafiz Ibn Hajar, may Allah have mercy on him, has declared the chain of narration of this hadith as “strong.”
Scholarly Response to the Doubt
Allama Ibn Qayyim, may Allah have mercy on him, raised the point that the issue of the prohibition of Mut’ah did not arise at the time of the Battle of Khaybar, because all the women of Khaybar were Jews, and at that time marriage with the women of the People of the Book was not permissible. Permission to marry the women of the People of the Book was granted after the revelation of the verse {اَلْیَوْمَ اُحِلَّ لَکُمُ الطَّیِّبَاتُ} of Surah Al-Ma’idah, which is among the last revealed Surahs.
Hafiz Ibn Hajar’s, may Allah have mercy on him, Response
Answering this objection, Hafiz Ibn Hajar, may Allah have mercy on him, says: “The hadith does not specify that the Companions practiced Mut’ah at the time of Khaybar; rather, the purpose of the hadith is to indicate that the ruling prohibiting Mut’ah was revealed at that time.”
Summary of the Topic
This article explains the prohibition of Nikah Mut’ah in detail in the light of the Prophetic Hadiths and the consensus of the Ummah. On the occasion of the Battle of Khaybar, the Prophet Muhammad ﷺ declared Nikah Mut’ah permanently forbidden. Various Hadiths, especially the narrations of Sayyidina Ali رضي الله عنه and Sayyidina Abdullah bin Umar رضي الله عنهما, prove that the permissibility of Nikah Mut’ah has been ended until the Day of Judgment. There is a consensus among the scholars on this matter, and there is no disagreement about the authenticity of this Hadith. Furthermore, to remove any doubt, it has been clarified that there is no misunderstanding in the words related to the Day of Khaybar, and this prohibition was established at that very occasion.
