The Prohibition of Nikah Mut’ah
Islamic Shariah, which we received through the Prophet Muhammad ﷺ, is a complete and comprehensive system of life. There is no room for change in it until the Day of Judgment because Shariah has given permanent status to laws considering various circumstances and necessities. From the time of the revelation of the Quran until the Day of Judgment, Shariah has presented a stable constitution of life. Its excellence lies in the fact that it legislates not only for individuals but also considers the entire social structure. Matters that caused social corruption were prohibited through gradual wisdom and strategy. The example of alcohol is clear in showing how Muslims’ social system was purified from it gently: first, attention was drawn to the harms of alcohol, then intoxication during prayer times was prohibited, and finally, it was declared completely forbidden.
Mut’ah Marriage and Its Prohibition
Mut’ah marriage is also included among those prohibited matters which Islam has declared un-Islamic forever. Just as alcohol was permissible during the time of the Prophet but was later made forbidden, similarly, through a gradual strategy, Mut’ah marriage was permissible for a time, but later it was declared forbidden forever, making Islamic marriage a necessary and definitive principle. If it is impossible to declare alcohol permissible after its prohibition, then how can the previous permissibility of Mut’ah marriage be used as a basis to consider it valid?
The Harms of Mut’ah Marriage
Mut’ah marriage had very negative effects on the individual and society, due to which it was excluded from Shariah forever. Whereas Islamic marriage was maintained because it is free from any corruption and carries countless benefits for the individual and society.
➊ Purpose of Marriage: One important purpose of marriage is the protection of chastity and modesty, which is not achieved through temporary marriage (Nikah Mut’ah).
➋ Continuity and Stability: A fundamental element of Islamic marriage is continuity and stability, which is absent in Nikah Mut’ah.
➌ Love and Peace: Marriage brings about love, affection, and peace, whereas these are lacking in Nikah Mut’ah.
➍ Multiple Husbands: Islamic marriage permits having more than one wife, but there is no concept of having multiple husbands. In contrast, in Nikah Mut’ah, a woman can have relations with several husbands, even with multiple men in one day, which is against Islamic social principles.
➎ Social Deviance: Through Nikah Mut’ah, society suffers moral decay, and the worst behaviors spread among people. A woman practicing Nikah Mut’ah does not know whose child she is carrying. Such children generally do not become peaceful citizens but become victims of social problems.
Scholars’ Opinions and the Consensus of the Ummah
Islamic scholars have agreed on the prohibition of Nikah Mut’ah. The opinions of various scholars in this regard are as follows:
Sheikh al-Islam Ibn Taymiyyah, may Allah have mercy on him (728 AH), said:
“The permissible marriage is only that which is known among Muslims. This is the marriage which Allah Almighty has made a cause of affection and mercy between the spouses.”
According to the Shia scholar Abu Ja’far Muhammad ibn Hasan al-Tusi (d. 460 AH):
“In Nikah Mut’ah, it is not necessary to ask the woman whether she has a husband or not.”
Status of Nikah Mut’ah in the Shia Sect
Nikah Mut’ah is a fundamental part of Shia belief, as the Shia jurist Muhammad ibn Hasan al-Hurr al-Amili (d. 1104 AH) writes:
“Declaring Nikah Mut’ah permissible is a religious necessity for the Imamiya.”
Consensus of the Ummah
The Muslim Ummah is unanimous that Nikah Mut’ah has been permanently forbidden in Islamic law. The statements of scholars are as follows:
Imam Abu Ubaid Qasim ibn Salam, may Allah have mercy on him (150-224 AH), said:
“Today, the consensus of Muslims is that Nikah Mut’ah is forbidden due to its abrogation. The Book and Sunnah have declared it abrogated. There is no evidence of permission for Nikah Mut’ah from any companion except Ibn Abbas, may Allah be pleased with them both. However, it is also known that he later withdrew this ruling.”
Imam Abu Ja’far Ahmad bin Muhammad bin Salamah Tahawi, may Allah have mercy on him (238-321 AH), said:
“Our master Umar bin Khattab, may Allah be pleased with him, forbade Nikah Mut’ah in the gathering of the Companions of the Messenger, peace be upon him. No one objected. It is established that all the noble Companions were in agreement with our master Umar. This consensus of the Companions is a strong proof of the abrogation of Mut’ah.”
Imam Ibn Mundhir, may Allah have mercy on him (242-319 AH), wrote:
“In the early Islam, permission for Mut’ah was transmitted. To my knowledge, except for the Rawafid, no one has declared it permissible. The opposing view against the Book of Allah and the Sunnah of the Messenger, peace be upon him, holds no weight.”
Allama Abu Bakr Jassas, may Allah have mercy on him (305-370 AH), said:
“We have presented the evidence from the Book, Sunnah, and the consensus of the Salaf regarding the prohibition after the permissibility of Mut’ah… There was no disagreement about this in the early periods of Islam. The jurists of all regions agreed on its prohibition; they do not differ on this matter at all.”
Hafiz Abu Muhammad Husayn bin Mas’ud Baghdadi, may Allah have mercy on him (d. 516 AH), wrote:
“The noble scholars are unanimous on the prohibition of Nikah Mut’ah. This is the consensus of the Muslims.”
Allama Ibn al-Arabi, may Allah have mercy on him (543 AH), stated:
“Our master Abdullah bin Abbas, may Allah be pleased with them both, used to consider Nikah Mut’ah permissible, and it is established that he later retracted this view. Therefore, now there is a consensus on the prohibition of Nikah Mut’ah. Whoever commits it, according to the well-known school of thought, will be stoned.”
Nikah Mut’ah and the Holy Quran
Clear instructions regarding sexual relations are given in the Holy Quran. The command of the Almighty Allah is:
“وَالَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ إِلَّا عَلَىٰ أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ فَإِنَّهُمْ غَيْرُ مَلُومِينَ فَمَنِ ابْتَغَىٰ وَرَاءَ ذَٰلِكَ فَأُولَٰئِكَ هُمُ الْعَادُونَ”
“A believer protects his private parts except from his wife and those whom his right hand possesses. They will not be blamed. Whoever seeks beyond these means commits rebellion.”
From this verse, it is understood that having sexual relations with anyone other than one’s wife or slave girl is not permissible. In Nikah Mut’ah, the woman with whom the relationship is established is neither the man’s wife nor a slave girl, therefore Nikah Mut’ah has been declared forbidden.
Opinion of Sayyida Aisha (may Allah be pleased with her)
Ibn Abi Malika (may Allah have mercy on him) asked Umm al-Mu’minin, Sayyida Aisha (may Allah be pleased with her), about Nikah Mut’ah. Sayyida Aisha (may Allah be pleased with her) replied:
“Our judgment will be based on the Book of Allah.” Then she recited this verse:
“(وَالَّذِینَ ہُمْ لِفُرُوجِہِمْ حَافِظُونَ)” (مومن اپنی شرم گاہوں کی حفاظت کرتے ہیں۔)
Imam Hakim (may Allah have mercy on him) declared this hadith authentic and Hafiz Dhahabi (may Allah have mercy on him) endorsed his view.
Ruling for those unable to afford marriage
Allah Almighty says:
“وَلْيَسْتَعْفِفِ الَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ اللَّهُ مِن فَضْلِهِ”
“Those who cannot afford marriage should guard their chastity until Allah enriches them out of His bounty.”
Commenting on this verse, the commentator and jurist, Allama Abu al-Hasan Ali ibn Muhammad al-Tabari, may Allah have mercy on him (450-504 AH), states:
“Allah Almighty has categorically forbidden sexual gratification through unlawful means without marriage. This verse is evidence that the permissibility of sexual relations depends on marriage, and therefore all other means are declared forbidden. This ruling does not apply to the purchase of slave girls, because a person who cannot afford marriage also cannot afford to buy a slave girl. This verse is also evidence for the prohibition of temporary marriage (Nikah Mut’ah) and proof of the prohibition of masturbation.”
Attempt to Prove the Permissibility of Nikah Mut’ah
Some individuals try to prove the permissibility of Nikah Mut’ah by citing Surah An-Nisa, verse 24:
“فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً”
“And those whom you seek to enjoy, give them their due compensation as an obligation.”
Allama Qurtubi, may Allah have mercy on him, quotes from Ibn Khawizmandad Basri (d. 390 AH):
“It is not permissible to derive the permissibility of Mut’ah from this verse, because the Messenger of Allah, peace be upon him, forbade the Mut’ah marriage and declared it unlawful. Allah Almighty said:
(فَانْكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ)
(You shall marry women with the permission of their guardians). It is clear that a marriage conducted with the consent of the guardian and in the presence of two witnesses is the only lawful marriage, whereas Mut’ah marriage is not of this kind.”
Mut’ah Marriage is Not Established from the Holy Quran
From these details, it becomes clear that the permissibility of Mut’ah marriage is not derived from the Holy Quran; rather, only the permissibility of the lawful marriage is established.
Opinion of Sayyiduna Ibn Abbas, may Allah be pleased with them both
When Sayyiduna Ibn Abbas, may Allah be pleased with them both, was asked about Mut’ah marriage, he recited this verse as follows:
“فَمَا اسْتَمْتَعْتُمْ بِّہٖ مِنْہُنَّ، إِلٰی أَجَلٍ مُّسَمًّی”
“Those women from whom you benefit for a specified term.”
Retraction of Sayyiduna Ibn Abbas, may Allah be pleased with them both
In the beginning, Sayyiduna Abdullah bin Abbas رضي الله عنهما considered Nikah Mut’ah permissible, but when he came to know about its abrogation, he withdrew his stance. Rabi’ bin Sabrah رضي الله عنه narrates:
ما مات ابن عباس حتٰی رجع عن ہٰذہ الفتیا .
“Abdullah bin Abbas رضي الله عنهما died after retracting this ruling.”
Explanation of the Tafsir
Imam Tabari رحمه الله (310 AH) explained the correct meaning of this verse as follows:
“The correct interpretation of this verse is that the women with whom you marry and have intercourse, you must give them their dowry. Because there are strong evidences that Allah Almighty has declared Mut’ah forbidden, and this is different from the marriage which the Messenger of Allah صلى الله عليه وسلم approved.”
The Prohibition of Mut’ah
If someone derives the permissibility of Mut’ah from this verse, the answer is that the Messenger of Allah صلى الله عليه وسلم said on the occasion of the Farewell Pilgrimage:
“O people! I had permitted you temporary marriage (Nikah Mut’ah), but now Allah has made it forbidden until the Day of Resurrection. Whoever has such a woman, let him release her and do not take back anything given to her.”
Linguistic Explanation
The famous linguist Ibn Manzur (630-711 AH) writes:
“Zujaj mentioned that a group made a great mistake out of ignorance of the language by interpreting the verse
(فَمَا اسْتَمْتَعْتُمْ بِّہٖ مِنْہُنَّ)
as referring to Mut’ah, whereas the scholars have consensus on its prohibition. In fact, the meaning of the verse is that the right of the dowry should be paid to the women with whom marriage is contracted.”
Explanation by Allama Alusi Hanafi, may Allah have mercy on him
Allama Alusi Hanafi, may Allah have mercy on him (1252-1317 AH), writes:
“This verse does not indicate the permissibility of Mut’ah. Understanding this verse in relation to Mut’ah is a misinterpretation. The context of the Holy Quran denies this. This verse includes the condition that when marrying women, a dowry should be given, and it only mentions lawful marriage. These conditions are not fulfilled in the case of Mut’ah.”
Position of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him)
Shaykh al-Islam Ibn Taymiyyah (661-728 AH) writes regarding this verse that there is no evidence in it for the permissibility of Mut’ah. He clarified:
“Here, benefiting from women means establishing a relationship with them after a lawful marriage, after which the payment of the rightful dowry becomes obligatory. This ruling is not for Mut’ah but for lawful marriage.”
Mut’ah Marriage and the Hadiths of the Prophet (peace be upon him)
Mut’ah marriage was first prohibited during the Battle of Khaybar. Later, it was permitted for three days at the time of the Conquest of Mecca, and after that, it was made forbidden until the Day of Judgment.
Hadith on the Prohibition during the Battle of Khaybar
Regarding the prohibition of Mut’ah marriage during the Battle of Khaybar, Sayyidina Ali (may Allah be pleased with him) narrated:
Hadith Number 1:
Sayyidina Ali (may Allah be pleased with him) told Sayyidina Abdullah bin Abbas (may Allah be pleased with them both):
“The Prophet Muhammad (peace be upon him) forbade Mut’ah marriage and the meat of domestic donkeys during the Battle of Khaybar.”
In another narration, Sayyidina Ali (may Allah be pleased with him) said:
“On the day of the Battle of Khaybar, the Prophet (peace be upon him) forbade Mut’ah marriage with women and eating the meat of domestic donkeys.”
There is another narration in Sahih Muslim
:
“Sayyiduna Ali رضي الله عنه saw Abdullah bin Abbas رضي الله عنهما being lenient regarding Mut’ah and said: O Ibn Abbas! Refrain from this ruling, because the Messenger of Allah صلی اللہ علیہ وسلم forbade Mut’ah marriage and eating the meat of domestic jackals on the day of the Battle of Khaybar.”
Similarly, in
it is narrated:
“The Messenger of Allah صلی اللہ علیہ وسلم forbade Mut’ah marriage with women and eating the meat of domestic jackals on the day of the Battle of Khaybar.”
Hadith of Ali رضي الله عنه and the Opinion of Muhaddithin
The scholars have unanimously agreed on the authenticity of this hadith, and this narration is clear regarding the prohibition of Mut’ah marriage. Below are the opinions of the Muhaddithin:
Imam Abu Ja’far Ahmad bin Muhammad Nahhas (d. 338 AH):
“There is consensus among scholars on the authenticity of the narration from Sayyiduna Ali رضي الله عنه regarding the prohibition of Mut’ah.”
Hafiz Abu Muhammad Husayn bin Mas’ud Baghdadi, may Allah have mercy on him (d. 516 AH):
“This hadith is agreed upon as authentic.”
Hafiz Abu al-Faraj Abdul Rahman bin Ali Ibn al-Jawzi, may Allah have mercy on him (508-597 AH):
“There is consensus among the scholars on its authenticity.”
Hafiz Abu al-Fadl Abdul Rahim bin Hussain Iraqi, may Allah have mercy on him (725-806 AH):
“This hadith is agreed upon.”
Hafiz Abu al-Hasan Ali bin Muhammad bin Abd al-Samad Sakhawi, may Allah have mercy on him (558-643 AH):
“This hadith is agreed upon.”
Imam Abu Abdullah Muhammad bin Ismail Bukhari, may Allah have mercy on him (194-256 AH):
“Our master Ali, may Allah be pleased with him, narrated from the Prophet Muhammad, peace be upon him, that mut’ah has been abrogated.”
A Doubt and Its Refutation
Some scholars have considered the words “Yawm Khaybar” in this hadith as a misunderstanding by the narrator, but this is not correct. The reason is that all the students of Imam Zahri, may Allah have mercy on him, agree on the narration of the words “Yawm Khaybar” in this hadith.
This is also supported by the narration of Salim, the son of Abdullah bin Umar, may Allah be pleased with them both:
A man asked Sayyiduna Abdullah bin Umar رضي الله عنهما about Mut’ah, and he said: It is forbidden. The man said: So-and-so person says it is permissible. Sayyiduna Abdullah bin Umar said: By Allah! It is an established fact that on the day of the Battle of Khyber, the Messenger of Allah صلی اللہ علیہ وسلم declared it forbidden. We are not adulterers.
Hafiz Ibn Hajar رحمه الله has classified this chain as “strong.”
Warning 1: The Objection of Ibn Qayyim al-Jawziyyah رحمه الله and the Response of Ibn Hajar رحمه الله
Allama Ibn Qayyim al-Jawziyyah, may Allah have mercy on him (691-751 AH), writes that at the time of the Battle of Khaybar, the question of the prohibition of Nikah al-Mut’ah does not even arise, because at that time all the women of Khaybar were Jewish, and Mut’ah was not permissible with them. At that time, marriage with the women of the People of the Book was also not permissible, so how could Mut’ah be permissible? He also pointed out that marriage with the women of the People of the Book became permissible after the revelation of the verse of Surah Al-Ma’idah
(الْیَوْمَ اُحِلَّ لَکُمُ الطَّیِّبَاتُ)
and this Surah is the very last in the chronological order of the Quran’s revelation.
Ibn Hajar’s, may Allah have mercy on him, response
Hafiz Ibn Hajar, may Allah have mercy on him, responded to Ibn Qayyim’s objection:
“The hadith does not explicitly state that the Companions practiced Mut’ah during the Battle of Khaybar; rather, it only mentions prohibition. At most, this can be taken as evidence that Mut’ah was permissible at that time.”
He further clarified:
“It is also possible that the Jews of Khyber had marital relations with Aws and Khazraj before Islam, so there is a possibility that mut’ah was done with one of their women. Therefore, the probability stated by Ibn Qayyim, may Allah have mercy on him, cannot be considered a correct argument.”
Warning 2: The Difference Between the Day of Khyber and the Day of Hunayn
In a narration from Sunan an-Nasa’i
the words “Day of Hunayn” are used instead of “Day of Khyber.” However, in this narration, the words “Day of Hunayn” are considered a mistake by the narrator, because most hadiths mention “Day of Khyber.”
Hafiz Ibn Hajar, may Allah have mercy on him, says:
“Clearly, this is a misreading (distortion) of Khyber.”
The Permanent Prohibition of Mut’ah Marriage on the Occasion of the Conquest of Mecca
Hadith Number 2:
Sayyiduna Subrah bin Mu’bad Jahni, may Allah be pleased with him, narrates that the Messenger of Allah, peace and blessings be upon him, said:
“O people! I had permitted temporary marriage (Nikah Mut’ah), but now Allah Almighty has forbidden it until the Day of Judgment. Whoever has such a woman (with whom Mut’ah was contracted), let him release her and do not take back anything of what you gave them.”
In Sahih Muslim
, these words are also present:
“I saw the Messenger of Allah ﷺ standing between the Black Stone and the door of the Ka’bah and saying this.”
Another narration
states:
“The Messenger of Allah ﷺ permitted Mut’ah at the time of the conquest of Mecca while entering Mecca, but forbade it before leaving there.”
The third narration in Sahih Muslim
says:
“The Messenger of Allah ﷺ forbade Nikah Mut’ah on the day of the conquest of Mecca.”
The fourth narration states:
The Messenger of Allah, peace be upon him, forbade mut’ah and said: Beware! It has become forbidden from this day until the Day of Resurrection. Whoever has given anything to a woman for mut’ah, let him not take it back.
Conclusion Derived from the Ahadith
From all these ahadith, it is clear that mut’ah marriage was prohibited at the time of the Battle of Khaybar. Later, on the occasion of the Conquest of Mecca, it was permitted for a very limited period, approximately three days. However, on the day of the Conquest of Mecca, it was permanently declared forbidden, and this prohibition has remained in effect until the Day of Resurrection.
Review of Other Narrations Regarding the Prohibition of Mut’ah
Prohibition of Mut’ah and the Battle of Autas
Sayyiduna Salmah bin Aku’ah, may Allah be pleased with him, narrates:
The Messenger of Allah, peace be upon him, permitted mut’ah for three days in the year of the Battle of Autas, then forbade it.
Apparently, these ahadith indicate the prohibition of mut’ah until the Day of Judgment in different contexts, but in reality, there is no contradiction in these ahadith; rather, both convey the same message.
Imam Bayhaqi, may Allah have mercy on him, explained this matter by saying:
“The year of the Battle of Autas and the Conquest of Mecca is the same. Although the event of Autas occurred later, it happened shortly after the Conquest of Mecca. Therefore, whether the prohibition is attributed to the year of the Battle of Autas or the year of the Conquest of Mecca, it makes no difference. From the narration of Sayyiduna Sabrah bin Ma’bad (may Allah be pleased with him), it is understood that Mut’ah was permitted for three days, after which the command of prohibition was revealed. The same is mentioned in the narration of Sayyiduna Salmah bin Aku’ (may Allah be pleased with him). Thus, both narrations relate to the same time. Even if, by chance, the narration of Salmah bin Aku’ (may Allah be pleased with him) mentions the permission of Mut’ah after the Conquest of Mecca during the Battle of Autas, there is a narration of prohibition after this permission, and there is no mention of Mut’ah being permitted again thereafter; therefore, the eternal prohibition of Mut’ah remains.”
That is, the Conquest of Mecca and the Battle of Autas both occurred in the same year, so some attributed it to the Conquest of Mecca and others to the Battle of Autas. In reality, the eternal prohibition of Mut’ah had already been declared at the time of the Conquest of Mecca.
One Objection and Its Resolution
Here, a question may arise in someone’s mind that when Mut’ah was forbidden during the Battle of Khyber, then permission was granted for three days at the time of the Conquest of Mecca, and then it was forbidden forever, then Sayyiduna Ali (may Allah be pleased with him) should have narrated the incident of the Conquest of Mecca while mentioning the prohibition of Mut’ah to Sayyiduna Ibn Abbas (may Allah be pleased with them both), not the Battle of Khyber, whose prohibition was later revoked.
Answering this objection, the commentator of Sahih Bukhari, Hafiz Ibn Hajar (may Allah have mercy on him) says:
“One reason could be that the permission granted at the time of the Conquest of Makkah was for a very short period, that is, only for three days, so Sayyiduna Ali رضي الله عنه might not have been informed about it.”
Hafiz Ibn Hajar further states:
“One way to resolve this issue is that Sayyiduna Ali رضي الله عنه might not have known about the permission of Mut’ah on the day of the Conquest of Makkah, because immediately after that, it was prohibited again.”
The Prohibition of Mut’ah and the Farewell Pilgrimage
It has already been established that the prohibition of Nikah Mut’ah was first made at the time of the Battle of Khaybar, then permission was granted for three days at the time of the Conquest of Makkah, and then it was declared forbidden until the Day of Judgment. Some narrations also mention the Farewell Pilgrimage; the research regarding this is:
There is a narration attributed to Sayyiduna Subrah bin Ma’bad رضي الله عنه:
“I heard the Messenger of Allah, peace be upon him, forbidding Nikah al-Mut’ah on the occasion of the Farewell Pilgrimage.”
This narration is “rare” (weak), because Isma’il ibn Umayyah contradicted a large group of Imam Zahri’s students who narrated it, including Mu’ammar ibn Rashid, Salih ibn Kaysan, Sufyan ibn ‘Uyaynah, ‘Amr ibn Harith, and others.
Imam Bayhaqi, may Allah have mercy on him, states:
“The narration from the majority of Imam Zahri’s students is stronger.”
This narration only mentions the prohibition of Mut’ah, not its permission. Even if this narration is accepted as authentic, it means that the Prophet, peace be upon him, declared the prohibition of Mut’ah at the time of the Conquest of Mecca; however, the prohibition was reiterated during the Farewell Pilgrimage to further emphasize its prohibition and to convey it to as many people as possible.
Hafiz Ibn Hajar, may Allah have mercy on him, writes regarding this:
“Perhaps the Prophet Muhammad ﷺ announced the prohibition again so that this matter would be widely known, and those who did not hear it before would now hear it.”
“Similarly, a group of senior hadith scholars, such as Ibn Jurayj and Sufyan al-Thawri, narrated the words of the Farewell Pilgrimage from Abdul Aziz bin Umar, but this is his misconception. Most narrators have reported from Rabi’ bin Sabrah that the prohibition of Mut’ah occurred at the time of the conquest of Mecca.”
The Prohibition of Mut’ah and the Battle of Tabuk
The jurists of the Ummah narrate from Sayyidina Abu Hurairah رضي الله عنه:
“We set out with the Messenger of Allah, peace be upon him, for the Battle of Tabuk. During the journey, we stayed at the place called Thaniyat al-Wada’. The Prophet, peace be upon him, saw some lamps and found some women crying. He asked: What is this? It was said: These are the women who had been given Mut’ah (temporary marriage) and they are crying. The Prophet, peace be upon him, said: Marriage, divorce, waiting period (‘iddah), and inheritance have made Mut’ah forbidden.”
Imam Ibn Hibban, may Allah have mercy on him, classified this hadith as “Sahih” and Hafiz Ibn Qattan al-Fasi and Hafiz Ibn Hajar, may Allah have mercy on them, classified it as “Hasan.” Also, Mu’mil ibn Isma’il was declared “trustworthy and good in hadith” by the majority of hadith scholars.
Meaning of the Hadith
This hadith does not prove that the prohibition of Mut’ah was first commanded at the time of the Battle of Tabuk; rather, it indicates that the prohibition of Mut’ah had already been revealed earlier, and the Messenger of Allah, peace be upon him, reiterated it on this occasion.
Hafiz Ibn Hajar, may Allah have mercy on him, explains this hadith by saying:
“In the incident of the Battle of Tabuk, the hadith of Sayyiduna Abu Hurairah, may Allah be pleased with him, does not clarify that the companions engaged in temporary marriage (mut’ah) with women on that occasion. It is possible that mut’ah had already taken place earlier, and later the prohibition and separation from women were stated. It is also possible that the prohibition existed beforehand, but some companions were not aware of it and continued to practice it.”
Narration of Jabir bin Abdullah Ansari, may Allah be pleased with them both
Sayyiduna Jabir bin Abdullah Ansari, may Allah be pleased with them both, states:
“We set out with the Messenger of Allah, peace be upon him, for the Battle of Tabuk. When we reached near Aqabah towards Sham, some women came. We made a temporary marriage (Mut’ah) contract with them, and they were moving around our tents. The Messenger of Allah, peace be upon him, came and upon seeing them asked: Who are these women? It was replied: O Messenger of Allah! These are the women with whom we have contracted Mut’ah. He, peace be upon him, became angry to the extent that his blessed cheeks turned red and his facial color changed. He delivered a sermon, praising and glorifying Allah, and then forbade us from Mut’ah. We men and women separated immediately and never did it again. For this reason, this place was named Thaniyat al-Wida’ (the Valley of Separation).”
Truth of the narration
This narration is false (fabricated), because:
One of its narrators, ‘Ibad ibn Kathir, is “abandoned” (matruk).
The second narrator, Abdullah bin Muhammad bin Aqil, is considered “weak” by the majority of hadith scholars. Imam Nawawi, may Allah have mercy on him, states:
“Most hadith scholars have declared him weak.”
Allama Manawi, may Allah have mercy on him, also narrated from Hafiz Abu al-Fath Ya’mari:
“The majority of hadith scholars have called him weak due to a defect in his memory.”
Mut’ah and ‘Umrah al-Qada
It is attributed to Imam Muammar and Imam Hasan al-Basri, may Allah have mercy on them both:
“Mut’ah was only permissible for three days during ‘Umrah al-Qada. Before or after that, it was never permissible.”
This statement is “weak” due to the “tadlees” (concealment) of Imam Abd al-Razzaq, may Allah have mercy on him.
Did Sayyiduna Umar, may Allah be pleased with him, prohibit Mut’ah?
Some people claim that Mut’ah was initially permissible in Islam, but Sayyiduna Umar ibn al-Khattab, may Allah be pleased with him, declared it forbidden during his caliphate. Let us examine these evidences:
Sayyiduna Jabir bin Abdullah al-Ansari, may Allah be pleased with him, says:
“We used to practice mut’ah during the time of the Messenger of Allah, peace be upon him, and during the caliphate of Sayyiduna Abu Bakr, may Allah be pleased with him, in exchange for a handful of dates or flour, until Sayyiduna Umar ibn al-Khattab, may Allah be pleased with him, forbade us from it in the matter of Amr ibn Hurayth.”
This hadith is evidence that Sayyiduna Umar ibn al-Khattab, may Allah be pleased with him, forbade mut’ah following the example of the Messenger of Allah, peace be upon him, and not that he himself declared it forbidden. It proves that Sayyiduna Jabir, may Allah be pleased with him, was not aware of the prohibition of mut’ah from the Prophet Muhammad, peace be upon him, and he learned about it only when Sayyiduna Umar ibn al-Khattab, may Allah be pleased with him, informed him.
Position of Sayyiduna Umar ibn al-Khattab, may Allah be pleased with him
Sayyiduna Abdullah ibn Umar, may Allah be pleased with both of them, narrates:
“When Sayyiduna Umar ibn Khattab, may Allah be pleased with him, became Caliph, he addressed the people and said: The Messenger of Allah, peace and blessings be upon him, permitted us (at the time of the conquest of Makkah) to practice mut’ah for three days, then he forbade it. By Allah! If I find any married person practicing mut’ah, I will stone him, except if he brings four witnesses who testify that the Messenger of Allah, peace and blessings be upon him, permitted mut’ah again after forbidding it.”
Consensus on the Prohibition of Mut’ah
In this regard, Imam Tahawi Hanafi, may Allah have mercy on him, states:
“The statement of Sayyiduna Jabir, may Allah be pleased with him, that we used to practice mut’ah until Sayyiduna Umar, may Allah be pleased with him, forbade us, indicates that he was not aware of the prohibition by the Messenger of Allah, peace and blessings be upon him. When he learned of it from the statement of Sayyiduna Umar, may Allah be pleased with him, he accepted this ruling.”
Similarly, Allama Abu al-Fath al-Maqdisi, may Allah have mercy on him, says:
“Our master Umar ibn al-Khattab, may Allah be pleased with him, prohibited mut’ah from the pulpit. The Companions did not object, which indicates that all of them were aware of the prohibition of mut’ah. If any of them had known that mut’ah was permissible, he would certainly have opposed the statement of our master Umar, may Allah be pleased with him.”
Mut’ah and the Scholars of the Ummah: Fatwas of the Companions
Fatwa of Sayyiduna Abdullah ibn Umar, may Allah be pleased with both of them
Sayyiduna Abdullah ibn Umar, may Allah be pleased with both of them, took a clear stance regarding the prohibition of mut’ah:
“It is not permissible for any man to marry a woman except through the Islamic marriage contract. The man will give the woman her rightful dowry, and both will inherit from each other. If a marriage is contracted for a fixed period such that the woman is his wife, but if either of them dies the other will not inherit, then this is not permissible.”
The Position of Sayyiduna Abdullah bin Zubair (May Allah be pleased with them)
Imam Urwah bin Zubair (May Allah have mercy on him) narrates:
“Sayyiduna Abdullah bin Zubair (May Allah be pleased with them) stood in Makkah and pointed towards a person and said: Some people have hearts that are blind, just as their eyes are blind, and they are issuing fatwas permitting Mut’ah. Then he called that person, who said: ‘You are harsh; by oath, Mut’ah was practiced during the time of the Messenger of Allah (Peace and blessings be upon him).’ To this, Sayyiduna Abdullah bin Zubair (May Allah be pleased with them) replied: ‘Try it on yourself a little. By Allah! If you do that, I will surely stone you.'”
The Retraction of Sayyiduna Abdullah bin Abbas (May Allah be pleased with them)
Sayyiduna Abdullah bin Abbas (May Allah be pleased with them) initially believed in the permissibility of Mut’ah, but when he learned about the prohibition of Mut’ah from the command of the Messenger of Allah (Peace and blessings be upon him), he retracted his fatwa.
Statement of Ibn Abbas رضي الله عنهما‘s servant
Abu Jamrah Tabi’i, may Allah have mercy on him, narrates:
“I asked Sayyiduna Abdullah ibn Abbas رضي الله عنهما about Mut’ah, and his servant said: ‘It was permissible during the Ghazawat (battles), when there were few women.’ Upon this, Sayyiduna Ibn Abbas رضي الله عنهما said: ‘You have spoken the truth.'”
Statement of the Scholars
Imam Tahawi, may Allah have mercy on him, says about this hadith:
“This is Ibn Abbas رضي الله عنهما, who says that Mut’ah was permissible at the time when women were few, and when women became many, the reason for its permissibility ceased.”
The famous linguist Ibn Manzur Al-Afriki (282-370 AH) writes:
“It is established for us that Sayyiduna Ibn Abbas رضي الله عنهما considered Mut’ah lawful, then when he learned that the Prophet Muhammad ﷺ forbade it, he refrained from considering it lawful.”
Position of the Tabi’in
Imam Sa’id ibn Musayyib, may Allah have mercy on him
Imam Saeed bin Musayyib (may Allah have mercy on him) says:
“Mut’ah has been abrogated by inheritance.”
Imam Urwah bin Zubair (may Allah have mercy on him)
A student of Sayyiduna Abdullah bin Abbas (may Allah be pleased with them both), Imam Urwah bin Zubair (may Allah have mercy on him) says:
“Beware! Mut’ah marriage is nothing but fornication.”
Imam Malik (may Allah have mercy on him) and the Attribution of Mut’ah
Attributing the Permissibility of Mut’ah to Imam Malik in Al-Hidayah
The author of Al-Hidayah, Allama Marghinani Hanafi (d. 593 AH), wrote:
“Imam Malik (may Allah have mercy on him) says that Mut’ah is permissible.”
But this attribution is not correct and it is proven by many evidences:
➊ Imam Malik, may Allah have mercy on him, mentioned the prohibition of Mut’ah in his book “Muwatta.”
➋ None of the scholars of truth attributed this statement to Imam Malik, may Allah have mercy on him.
➌ Consensus on the prohibition of Mut’ah is recorded in Maliki books.
➍ Imam Ibn Hammam Hanafi, may Allah have mercy on him, says: “It is incorrect to attribute this statement to Imam Malik.”
The People of Hijaz and the Issue of Mut’ah
The statement attributed to Imam Awza’i, may Allah have mercy on him, assigns permissibility of Mut’ah to the people of Makkah, but its chain of narration is weak and its narrators are unreliable.
Difference Between Mut’ah and Hajj Tamattu‘
Some people have misunderstood by taking Hajj Tamattu‘ to mean Mut’ah. The clarification is that in some ahadith, Hajj Tamattu‘ is called “Mut’ah.” This actually refers to Hajj Tamattu‘, not to Nikah Mut’ah.
Statement of Sayyidah Asma bint Abu Bakr, may Allah be pleased with them both
Muslim al-Qari Tabi‘i, may Allah have mercy on him, states:
“We came to Sayyida Asma bint Abu Bakr, may Allah be pleased with them both, and asked her about the Mut’ah (pilgrimage) of women, and she said: We did so during the blessed time of the Messenger of Allah, peace be upon him.”
This hadith refers to Hajj al-Tamattu’, which is permissibly called Mut’ah.
Summary
According to the Quran, Sunnah, and consensus of the Ummah, Nikah al-Mut’ah (temporary marriage) has been declared permanently forbidden. Various narrations, the fatwas of the Companions, and the statements of the Tabi’in and scholars prove that the ruling of Mut’ah was abrogated during the time of the Messenger of Allah, peace be upon him.
