This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
Adulterous Women
Here, by adulterous women are meant those women who openly engage in fornication and make it their profession. It is narrated that Sayyiduna Murtad bin Abi Murtad (may Allah be pleased with him) sought permission from the Prophet (peace be upon him) to marry an adulterous woman with whom he had a relationship during the time of ignorance, whose name was Anaq. The Prophet (peace be upon him) declined until this verse was revealed:
الزَّانِي لَا يَنكِحُ إِلَّا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لَا يَنكِحُهَا إِلَّا زَانٍ أَوْ مُشْرِكٌ ۚ وَحُرِّمَ ذَٰلِكَ عَلَى الْمُؤْمِنِينَ
“An adulterer does not marry except an adulteress or a polytheist, and an adulteress does not marry except an adulterer or a polytheist, and that has been forbidden for the believers.”
Reference: (An-Nur: 3)
The Prophet (peace be upon him) recited this verse to him and said:
لا تنكحها
“Do not marry her.”
Reference: Abu Dawood, Book of Marriage, Chapter on the Saying of Allah, the Exalted: "An adulterer does not marry except an adulteress" Hadith: 2051. Tirmidhi, Book of Tafsir al-Qur'an, Chapter on Surah An-Nur Hadith: 3177. Nasai, Book of Marriage, Chapter on Marrying an Adulteress Hadith: 3230
The reason is that Allah Almighty has permitted marriage with chaste believing women and chaste women of the People of the Book. Thus, marriage for men is permitted under the following condition:
مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ
“They must be chaste, not fornicator.”
Reference: (An-Nisa: 24)
So whoever does not accept this command of the Book of Allah and does not comply with it is a polytheist. Only a person who is like him in disbelief can prefer to marry such a woman. But whoever accepts this command and agrees to abide by it, yet acts contrary to it and marries a woman with whom marriage is forbidden, then he is an adulterer.
The aforementioned verse of Surah An-Nur was revealed after the following verse:
الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِائَةَ جَلْدَةٍ
“The adulterer and the adulteress, flog each one of them with a hundred lashes.”
Reference: (An-Nur: 2)
This is a corporal punishment and a disciplinary penalty. Because the prohibition of marrying an adulterer or adulteress requires that they not be allowed to occupy important positions, their nationality be nullified, or, according to current customs, they be deprived of the social rights established.
Ibn Qayyim (may Allah have mercy on him) says:
This ruling, which is absolutely explicit and obligatory according to the Qur'an, is also demanded by reason and nature. Allah Almighty has forbidden His servant to be the husband, a weak man, or companion of a prostitute. The nature with which Allah created man considers such things disgraceful and shameful. This is why when someone wants to insult a person greatly, they say he is the husband of a prostitute.
Therefore, Allah has forbidden a Muslim to truly become such a person. This prohibition also clarifies that the sin of the woman causes corruption in the husband's bed and lineage, although Allah has established lineage on great wisdoms and counts it among His blessings. But fornication causes the mixing of sperm and makes lineage doubtful. Hence, the excellence of Shariah is that it forbids marriage to an adulteress until she repents and purifies her womb (i.e., at least one menstrual cycle passes).
Reference: Ighathat al-Lahfan: 1/66-67
One reason for the prohibition of marrying an adulteress is that she is a corrupt woman. Allah, Glorified and Exalted, has made marriage a cause of affection and mercy, and affection is the name of pure love. So how can a corrupt woman become the beloved wife of a pure man? A spouse is called spouse because they are compatible (harmonious). But there is complete opposition between pure and corrupt both legally and rationally, so neither harmony nor feelings of sympathy and love can develop between them. Allah Almighty has rightly said:
الْخَبِيثَاتُ لِلْخَبِيثِينَ وَالْخَبِيثُونَ لِلْخَبِيثَاتِ ۖ وَالطَّيِّبَاتُ لِلطَّيِّبِينَ وَالطَّيِّبُونَ لِلطَّيِّبَاتِ
“Corrupt women are for corrupt men, and corrupt men are for corrupt women; and pure women are for pure men, and pure men are for pure women.”
Reference: (An-Nur: 26)
Temporary Marriage
In Islam, the status of marriage is that of a strong contract and a firm covenant, based on which the spouses intend to live together for eternity, so that an atmosphere of psychological comfort, affection, and mercy is created between them. Besides, its purpose is also social, that is, to continue the chain of procreation so that the survival of the human species is ensured.
وَاللَّهُ جَعَلَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا وَجَعَلَ لَكُم مِّنْ أَزْوَاجِكُم بَنِينَ وَحَفَدَةً
"And Allah has made for you from your mates children and grandchildren."
Reference: (An-Nahl: 72)
As for Mut'ah marriage, which is the establishment of a relationship between a man and a woman for a specified period for a specified wage, it is not based on this reality. Its permission was given before the completion of Shariah during travel and battles, etc., but later the Prophet Muhammad (peace be upon him) forbade it and declared it permanently forbidden.
Initially, Mut'ah was permitted because Muslims were passing through a transitional period moving from ignorance (Jahiliyyah) to Islam. In the era of ignorance, adultery was easy and common. When Islam came and the matter of travel for battles and jihad arose, separation from women became difficult for people. Among Muslims, there were both strong and weak in faith. There was a fear that the weak in faith might fall into adultery and immorality. On the other hand, the strong in faith had decided to castrate themselves.
Thus, Sayyiduna Ibn Mas'ud (may Allah be pleased with him) said:
كنا نغزو مع رسول الله صلى الله عليه وسلم وليس معنا نساء فقلنا ألا نستخصي؟ فنهانا رسول الله عن ذلك ورخص لنا أن ننكح المرأة بالثوب إلى أجل
"We used to go with the Messenger of Allah (peace be upon him) on expeditions and we did not have women with us, so we said: Should we castrate ourselves? But the Messenger of Allah (peace be upon him) forbade us from that and permitted us to marry a woman for a fixed period in exchange for clothes."
Reference: Bukhari, Book of Marriage, Chapter on What is Disliked about Celibacy and Castration, Hadith: 5075; Muslim, Book of Marriage, Chapter on Mut'ah Marriage, Hadith: 1404
This justification of Mut'ah was a concession, so that the difficulties of both the weak and strong in faith could be resolved. Islam wanted to establish legal rules for the marital life of a Muslim, and this was a step in that direction. It wanted to grant a marital life that fulfills all the objectives of marriage, such as chastity, the permanent status of the marriage bond, procreation, affection and mercy, and also the expansion of the family circle through in-laws (in-laws).
Just as the Quran gave gradual rulings regarding the prohibition of alcohol and usury, which were widespread and dominant in the era of ignorance, similarly the Prophet (peace be upon him) also gave gradual rulings regarding the sanctity of private parts. Thus, Mut'ah was permitted in cases of necessity but later this type of marriage was also declared forbidden. As narrated by Sayyiduna Ali (may Allah be pleased with him) and a group of companions, and Sahih Muslim narrated from Sayyiduna Subrah Jahni (may Allah be pleased with him):
أنه غزا مع النبى صلى الله عليه وسلم فى فتح مكة فأذن لهم فى متعة النساء قال فلم يخرج حتى حرمها رسول الله صلى الله عليه وسلم
"He participated in the Battle of the Conquest of Mecca with the Prophet (peace be upon him). The Prophet (peace be upon him) permitted the participants of the battle to have Mut'ah with women. The narrator says that then the Prophet (peace be upon him) forbade it before leaving there."
Reference: Muslim, Book of Marriage, Chapter on Mut'ah Marriage, Hadith: 1406
In another narration, the Prophet (peace be upon him) said:
وإن الله حرم ذلك إلى يوم القيامة
"Allah has forbidden it until the Day of Resurrection."
Reference: Muslim, same reference, Hadith: 1406/21
Here the question arises whether this prohibition is absolute like the prohibition of marriage with one's mother, daughter, etc., or is it like the prohibition of carrion, blood, and pork, which become permissible in cases of necessity and fear of hardship?
The majority opinion of the companions is that this prohibition is absolute, and after giving this ruling a permanent status in Shariah, no concession remains for exceptions. However, Sayyiduna Ibn Abbas (may Allah be pleased with both of them) differed. According to him, Mut'ah was permissible in cases of necessity. When someone asked him about Mut'ah, he said it was permissible. His servant asked if this ruling was only in cases of extreme necessity, and Ibn Abbas replied: Yes.
Reference: Bukhari, Book of Marriage, Chapter on the Prophet's recent prohibition of Mut'ah Marriage, Hadith: 5116
But when Ibn Abbas (may Allah be pleased with both of them) realized that people had created too much latitude in this matter and it was no longer limited to necessity, he stopped issuing the ruling of permissibility and withdrew from it.
Reference: Bayhaqi in Sunan al-Kubra (205/7) and its chain of narration is weak. (Zad al-Ma'ad vol. 4 p. 7 with reference to Bayhaqi)
