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Is it possible to temporarily marry for the sole intention of having sex (or committing rape)?

The issue of temporary marriage (Mut'ah) in Islam, particularly regarding the intention behind it, has been discussed in various sources. The concept of Mut'ah is permitted in Shia Islam under specific conditions, while it is generally not accepted in Sunni jurisprudence.

In Shia thought, Al-Kafi states: There is no temporary marriage except with two conditions: a specified term and a specified compensation. Al-Kafi 3:682Shia This indicates that for a Mut'ah to be valid, it must have a clear duration and a dower agreed upon, which discourages the use of this arrangement solely for illicit purposes.

Furthermore, Sunan al-Tirmidhi provides historical context for the practice of Mut'ah: Mut'ah was permitted at the beginning of Islam. When a man traveled to a town where he had no acquaintance, he would marry a woman for as long as he foresaw remaining there, so she would preserve his property and attend to his affairs. Then when the verse 'Except from their wives or those their right hands possess' was revealed, Ibn Abbas said: every private intercourse other than those two is forbidden. Sunan al-Tirmidhi 11:44SunniMunkar (per Al-Albani) This narration emphasizes that the original purpose of Mut'ah was for legitimate companionship and not solely for sexual gratification.

In both interpretations, there is a clear framework that seeks to establish respect and responsibility in temporary marriages. The intention behind entering into a Mut'ah should not be to exploit the arrangement for illicit sexual relations or any form of abuse. The conditions set forth in both Shia and Sunni contexts reinforce the need for mutual consent and respect between the parties involved.

Sources

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