Permanent Prohibition of Nikah al-Mut‘ah: Shar‘i Evidences and Consensus

✿ Authored by: Shaykh Ghulam Mustafa Zaheer Ameenpuri (Hafizahullah)
Enhanced for easier reading with headings and structured formatting.

❖ Prohibition of Nikah al-Mut‘ah​

The Islamic Shari‘ah, revealed through the Messenger of Allah ﷺ, is a complete and comprehensive way of life. It is immutable until the Day of Judgment, having established permanent rulings that address varying circumstances and needs. Like the example of alcohol, which was prohibited through gradual stages, Nikah al-Mut‘ah was also initially permitted but later permanently banned.

❖ Position of Nikah al-Mut‘ah in Islam​

Nikah al-Mut‘ah is among those practices that were permanently prohibited by Islam. Just as alcohol was lawful during the early period of Prophethood but later declared absolutely unlawful, Nikah al-Mut‘ah too was initially permitted but then permanently outlawed. As the prohibition of alcohol cannot be reversed, similarly, one cannot justify Nikah al-Mut‘ah based on its initial permissibility.

❖ Harms of Nikah al-Mut‘ah​

Nikah al-Mut‘ah brought serious individual and social harms, which led to its permanent exclusion from the Shari‘ah. In contrast, Shar‘i Nikah remains encouraged due to its numerous benefits.

① Purpose of Nikah: Preservation of chastity and modesty, not achievable through Nikah al-Mut‘ah.
② Permanence and Stability: Fundamental to Shar‘i Nikah, absent in Mut‘ah.
③ Love and Tranquility: Found in Shar‘i marriage, not in Mut‘ah.
④ Multiple Husbands: Mut‘ah allows a woman to be with several men, even in a single day—against Islamic social values.
⑤ Moral Decay: Mut‘ah fosters social degeneration and illegitimacy, leading to societal chaos.

❖ Scholarly Consensus and Evidences​

✔ Consensus of the Ummah​

Islamic scholars across eras have agreed on the prohibition of Nikah al-Mut‘ah. Below are some authoritative scholarly statements:

• Imam Abu ‘Ubayd al-Qasim ibn Sallam (150–224 AH):
  The Muslim Ummah unanimously agrees on the prohibition of Nikah al-Mut‘ah based on its abrogation in the Qur’an and Sunnah.
• Imam al-Tahawi (238–321 AH):
  Caliph ‘Umar forbade it in the presence of the Sahabah, none of whom objected—indicating ijma‘.
• Imam Ibn al-Mundhir (242–319 AH):
  Only the Rafidah sect regards it as lawful. No weight is given to views contrary to Qur’an and Sunnah.
• Imam al-Jassas (305–370 AH):
  We have shown the evidence for its prohibition through Qur’an, Sunnah, and the consensus of the early generations.
• Imam al-Baghawi (d. 516 AH):
  There is consensus among scholars on the prohibition of Nikah al-Mut‘ah.
• Imam Ibn al-‘Arabi (d. 543 AH):
  Even Ibn ‘Abbas retracted his opinion, proving a complete consensus on the prohibition.

❖ Nikah al-Mut‘ah in the Qur’an​

The verse:

"وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ..."
makes it clear that sexual relations are only lawful through wives and slave women, excluding Mut‘ah arrangements.

Sayyidah ‘A’ishah (RA) interpreted this verse in light of the prohibition of Mut‘ah, indicating reliance upon the Book of Allah for such rulings.

❖ Nikah for Those Unable to Marry​

The verse from Surah al-Nur:

"وَلْيَسْتَعْفِفِ الَّذِينَ لَا يَجِدُونَ نِكَاحًا..."
demonstrates that unlawful means of sexual satisfaction, including Mut‘ah, are forbidden, and individuals should practice chastity.

❖ Refutation of the Misuse of Qur’anic Verse (4:24)​

The verse:
"فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ..."
has been misinterpreted by some to justify Mut‘ah. However, scholars such as al-Qurtubi, al-Tabari, and Ibn Taymiyyah clarified it refers to lawful Nikah only—not temporary contracts.

❖ Sahabah’s Stance and Hadith Evidence​

• Sayyiduna ‘Ali (RA):
  Reported the prohibition of Mut‘ah at Khaybar.
• Sayyiduna Sabr ibn Ma‘bad (RA):
  Reported the final and permanent prohibition during the Conquest of Makkah.

These ahadith are authenticated by major Hadith scholars and clarify that the prohibition is final and eternal.

❖ Addressing Doubts & Historical Clarifications​

Arguments that mention incidents from Khaybar, Hunayn, or Tabuk are addressed and reconciled by scholars like Ibn Hajar and al-Bayhaqi. These references do not indicate different rulings but serve to reaffirm the existing prohibition.

❖ Rebutting the View that ‘Umar (RA) Alone Prohibited It​

Some wrongly claim that it was ‘Umar (RA) who prohibited Mut‘ah. However, the evidence proves he was only implementing the command of the Prophet ﷺ, which he reaffirmed publicly.

❖ Opinions of the Companions and Tabi‘in​

• ‘Abdullah ibn ‘Umar (RA):
  Clearly declared Mut‘ah invalid outside of lawful Nikah.
• ‘Abdullah ibn al-Zubayr (RA):
  Strongly opposed it and warned against its practice.
• ‘Abdullah ibn ‘Abbas (RA):
  Initially allowed it but later retracted his view upon realizing its prohibition.
• Imam Sa‘id ibn al-Musayyib & ‘Urwah ibn al-Zubayr (RH):
  Declared Mut‘ah as abrogated by inheritance laws and equated it with fornication.

❖ Incorrect Attribution to Imam Malik​

Claims that Imam Malik approved of Mut‘ah are false. He explicitly recorded its prohibition in his works, and the majority of Maliki scholars affirm this.

❖ Distinction Between Nikah al-Mut‘ah and Hajj al-Tamattu‘​

Some confuse the term "Mut‘ah" used in Hajj with Nikah al-Mut‘ah. The context and usage in Hadith clearly show the former refers to Tamattu‘ (performing ‘Umrah before Hajj), not temporary marriage.

Conclusion​

Nikah al-Mut‘ah has been unequivocally declared ḥarām in Islam through the Qur’an, authentic Sunnah, and the consensus of the Ummah. The claim of its permissibility stands in contradiction to the foundational sources of Islamic law and the clear, unanimous agreement of scholars from the earliest generations to the present day.