What are temporary marriages and how are they different from permanent ones?
Temporary marriages, known as "mut'ah" in Islamic jurisprudence, are a form of marriage that is contracted for a specified period of time, after which the marriage automatically ends. This practice is particularly discussed in Shia Islam, where it is more widely accepted compared to Sunni traditions.
In the context of the Qur'an, temporary marriage is addressed with specific conditions. For instance, in Surah An-Nisaa, it is mentioned: And whoso is not able to afford to marry free, believing women, let them marry from the believing maids whom your right hands possess
4:25. This indicates that those unable to afford a permanent marriage are permitted to enter into a temporary marriage, which is viewed as a solution for those facing hardship.
The key differences between temporary and permanent marriages can be summarized as follows:
1. Duration: Temporary marriages are limited to a specified term, which can be agreed upon by both parties. Permanent marriages, on the other hand, are intended to last indefinitely until one party initiates divorce.
2. Conditions: Temporary marriages require the stipulation of a term and compensation, as noted in Al-Kafi, which states that there is no temporary marriage except with two conditions: a specified term and a specified compensation
Al-Kafi 3:682. Permanent marriages do not have such conditions and are meant to be lifelong commitments.
3. Waiting Period: After a temporary marriage ends, there is no waiting period ('iddah) for the woman in relation to that specific husband, allowing her to remarry immediately. In contrast, a woman must observe a waiting period after a permanent marriage is dissolved, ensuring that there is no confusion regarding paternity if she becomes pregnant.
4. Intention: The intention behind a temporary marriage can be a significant factor. If it is explicitly for the purpose of circumventing the rules of permanent marriage (often referred to as "halala"), it may be deemed invalid, as some scholars argue that such intentions corrupt the nature of the marriage contract.
Overall, while both forms of marriage are recognized within Islamic law, they serve different purposes and are governed by distinct rules and conditions.
Sources
-
4:25 · An-Nisaa
4:25 · Muhammad Marmaduke Pickthall
وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ ٱلْمُحْصَنَٰتِ ٱلْمُؤْمِنَٰتِ فَمِن مَّا مَلَكَتْ أَيْمَٰنُكُم مِّن فَتَيَٰتِكُمُ ٱلْمُؤْمِنَٰتِ ۚ وَٱللَّهُ أَعْلَمُ بِإِيمَٰنِكُم ۚ بَعْضُكُم مِّنۢ بَعْضٍۢ ۚ فَٱنكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِٱلْمَعْرُوفِ مُحْصَنَٰتٍ غَيْرَ مُسَٰفِحَٰتٍۢ وَلَا مُتَّخِذَٰتِ أَخْدَانٍۢ ۚ فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَٰحِشَةٍۢ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى ٱلْمُحْصَنَٰتِ مِنَ ٱلْعَذَابِ ۚ ذَٰلِكَ لِمَنْ خَشِىَ ٱلْعَنَتَ مِنكُمْ ۚ وَأَن تَصْبِرُوا۟ خَيْرٌۭ لَّكُمْ ۗ وَٱللَّهُ غَفُورٌۭ رَّحِيمٌۭ
And whoso is not able to afford to marry free, believing women, let them marry from the believing maids whom your right hands possess. Allah knoweth best (concerning) your faith. Ye (proceed) one from another; so wed them by permission of their folk, and give unto them their portions in kindness, they being honest, not debauched nor of loose conduct. And if when they are honourably married they commit lewdness they shall incur the half of the punishment (prescribed) for free women (in that case). This is for him among you who feareth to commit sin. But to have patience would be better for you. Allah is Forgiving, Merciful.
-
Al-Kafi 3:682
Al-Kafi · Book 3, Hadith 682
I asked Abu Abdullah (peace be upon him) about a man who had intercourse with his wife on the Day of Sacrifice before doing the ritual visit (Ziyarah). He said: If he did so with desire, a badana is required; if otherwise, a cow. I said: Or a sheep? He said: Or a sheep. — OR — There is no temporary marriage except with two conditions: a specified term and a specified compensation.
Answers are generated and checked automatically; they may still be incomplete or imperfect. For religious rulings, consult a qualified scholar.
Ask your own question →