Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalamalaikum to the team of islamhelpline, keep up the good work.
I wanted some info on Temporary Marriage. - Umar said: Two types of Mut`a were (legal) during the time of the Prophet and I forbid them both, and I punish those who commit it. They are: Mut`a of pilgrimage and Mut`a of women.

references: Tafsir al-Kabir, by al-Fakhr al-Razi, v3, p201 under verse 4:24 Musnad Ahmad Ibn Hanbal, v1, p52 We also read:- Sahih Al-Bukhari Hadith 5.527 Narrated by Ali bin Abi Talib

On the day of Khaibar, the Messenger of Allah (saws) declared haraam the Mut`a (i.e. temporary marriage), and the eating of donkey-meat.

So was it Prophet Mohammed (Pbuh)who abolished this practice or was it Umar(AS) as he said it was allowed at the time of the Prophet. Thanks

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Who abolished muta temporary marriage

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Sahih Al-Bukhari Hadith 5.527 Narrated by Ali bin Abi Talib

On the day of Khaibar, Allah's Messenger (saws) forbade the Mut'a (i.e. temporary marriage), and the eating of donkey-meat.

The ‘muta’ or ‘temporary marriage’ was prevalent in the Days of Ignorance before the advent of Islam until the Messenger of Allah (saws) absolutely forbade the concept of ‘muta’ for the believers on the Day of Khaybar which is about 7 years after Hijrah. If the narration of Hadrat Umar (r.a.) reported by Tafsir-al-Kabir is indeed authentic, then what Hadrat Umar (r.a.) meant to say was that the ‘muta’ which was practiced during the lifetime of the Prophet until 7 years after Hijrah (and thus 20 years after the appointment of Prophethood) was prohibited for the believers.

‘Mutah’ was a term used for a form of ‘temporary’ marriage prevalent in the Days of Ignorance before Islam, where a man would ‘temporarily’ contract a woman for a fixed period, fulfil his lust with her, and divorce her at the end of the agreed period without any responsibility towards the woman whatsoever. This mutually agreed period would be at an agreed and negotiated price between the man and the woman, for a fixed period of time which could be for a couple of hours, or days, or weeks, etc. as negotiated.

The society in the Days of Ignorance before Islam had tried to give a legal ‘veil’ to the abomination of ‘zina’ and prostitution by various means, and the ‘mutah’ was one of such veils! Islam removed all such veils from the abomination of ‘zina’ and declared that the only legal way for a man and woman to enjoy conjugal relationships was for the man and woman to be legally wedded to each other in the ‘nikaah’ contract, where the man would shoulder the responsibility of a proper marriage. One should note here that it was not Islam who started or initiated this evil concept of ‘muta’, but it was a system prevailent in the days of ignorance before Islam. As the training of the first generation of the Muslim Ummah progressed, the Messenger of Allah (saws) on the Day of Khaybar 7 years after Hijrah, completely and absolutely abolished and forbade this evil concept of ‘muta’ for those who sincerely believed in Allah and the Last Day.

Without an iota of a doubt, it was the Messenger of Allah (saws) himself who forbade the concept of ‘muta’ or temporary marriage during his lifetime on the Day of Khaybar.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan