According to the majority of Shi'a school of thought Nikahu’l-Mut‘ah literally means, marriage for COMFORT and FUN, and is the second form of marriage, described in the Quran (4:24).
Mut'ah is a type of marriage, used in the same way as a permanent marriage (Nikah) in order to make a man and woman physically HALAL to each other. It is a FIXED-TIME marriage which, according to the schools of Shari‘a(Islamic law), is a marriage with a preset duration. After this period expires, the marriage is automatically dissolved.
Mut'ah has many Shari'a rules / regulations .
Similar rules that apply for Nikah apply for Mut'ah - if certain types of women are haram for a man to contract Nikah then the same rule applies with Mut'ah. A man cannot contract Mut'ah with a married woman, as is the case with a normal marriage.
A woman cannot enter into Mut'ah marriage, till the time she has become pure by observing the 'iddah (waiting period) from her earlier husband; just like in Nikah. Also, the same principle/rights apply - two people cannot contract Mut'ah with the same woman at one given time
After expiration of Mut'ah marriage, again she has to observe 'iddah, before getting married (either Nikah or Mut'ah) to any other person.
There is no difference between the children of Nikah or Mut'ah. Both are considered legitimate under the Shari'a - they inherit from their parents, and all Islamic laws apply with regards to paternity.
The Mut'ah is the most controversial Fiqh topic; Sunnis and Shi‘a hold diametrically opposed views on its permissibility after Muhammad's era.
Enjoyment, pleasure, delight, gratification; recreation; compensation paid to a divorced woman; Muta'h, temporary marriage, usufruct marriage contracted for a specified time.
Temporary marriage (Nikahu'l Mut'ah) , like permanent marriage (Nikah), requires a marriage contract which can be VERBAL or WRITTEN, WITH or WITHOUT WITNESSES. Moreover, there is no difference between permanent marriage and temporary marriage except in some aspects of the law, such as there is no DIVORCE in temporary marriage - it terminates with the expiration of the time period. Likewise, neither spouse in a temporary marriage inherits from the other.
The temporary marriage contract is as follows:
The woman says: " I marry myself to you for the specified dowry (mention the amount) and for the specified time period (mention the time period)".
Then the man says: "I accept".
According to obligatory precaution, for the marriage of a virgin girl, it is a condition to obtain her guardian’s (father or paternal grandfather) permission.
Imam of Ahl as-Sunnah Waheed ad-Deen az-Zaman, in his footnotes of Sunan ibn Majah,Volume 2, p. 76 defined Mut'ah as follows:
Mut'ah is a type of Nikah until an agreed time. It can be for a day, two days, a month, one year, three years etc.
Nawawai in his commentary ofSharh Sahih Muslim. Volume 4, p. 13, defined Mut'ah as follows:
Nikah Mut'ah is marriage for a fixed time on Mehr agreed with the woman, when the time expires the marriage comes to an end.
The Sunni scholar Allamah 'Abd Ar-Rahman al-Jazzari in his Al-fiqh 'Ala Al-Madhahib al-Arba' , (Lahore Edition) Volume 4, page 167, said:
The reality of Nikah Mut'ah is that, in the marriage recital performed with a woman, words are added which stipulate that the marriage is for a fixed time. For example a man shall say 'she shall remain as my wife for a month, or I shall have Nikah Mut'ah with you for a year." The parties themselves act as witnesses. It can occur in the presence of a Wali or witnesses, or without them.
The Sunni and Shi'a have no disagreement as to its original permissibility, though in recent years a number of Wahabis have claimed that Mut'ah was never permissible at all (contradicting the mainstream Sunni attitude). Sunnis believe that, in spite of its original permissibility in Islamic law,it was later abrogated, whereas the Shi'a reject this view.
According to the teachings of the Imams (Shi'ism) who came afterMuhammad, Mut'ah was never abrogated and continues to be applicable (halaal) until the 'Day of Judgement'. Muhammad neither deemed it haram, nor put an end to it, nor did Allah send a verse abrogating it. Rather, Mut'ah was declared impermissible by 'Umar ibn al-Khattab, in direct contradiction to the command of Allah and Muhammad.
But, according to the Imam Bukhari Hadiths (Shia), shown here, they are wrong, since it is Ali who is declaring that Mut'ah was FORBIDDEN by Muhammad.
The Verse of Mut'ah (4:24)
The most important verse of the Holy Qur'an which establishes the legitimacy of Mut'ah is verse 24 of Surat an-Nisa, known to all hadeeth commentators (Sunni and Shi'a) as "the verse of Mut'ah." This verse provides a clear and unshakeable permission for the practice of temporary marriage. In the same way that Islam has established principles to protect human beings, via rules and regulations, it has at the same time provided for legitimate means by which man can enjoy himself, and Mut'ah is one of these ways. The Shari'ah prohibits fornication, but at the same time allows the practise of Mut'ah. If anyone is unaware of this blessing from Allah (swt), then let us set out the evidences from the Holy Qur'an:
4: 24Also (prohibited are) women already married except those whom your right hands possess. Thus hath Allah ordained (prohibitions) against you: except for these all others are lawful provided ye seek (them in marriage) with gifts from your property desiring chastity not lust. Seeing that ye derive benefit [istama'tum] from them give them theirdowers [ujurahunna] (at least) as prescribed; but if after a dower is prescribed ye agree mutually (to vary it) there is no blame on you and Allah is All-Knowing All-Wise.
Allah (swt) has used the wordistimta'tum, which is the verbal form of the word Mut'ah. While the word has many other numerous meanings (as will be discussed below), we see that in the same way that the terms Zakat, Saum, and hajj carry a specific Islamic definition, so does the word istimta'. The specific, Islamic meaning which the word refers to is the performance of a temporary marriage, and nobody has denied this.
To claim that Mut'ah is FORNICATION,is to claim that it is a haram sexual act. This is all the word fornication (zina) means: sexual relations that are not permitted by Allah (swt), the Lawgiver. If Allah (swt) permits a type of sexual practice, then it by definition ceases to be fornication. If one accepts that Allah (swt) has permitted a certain type of sexual practice, and yet continues to argue that such a practice is immoral and evil, then such a person has ascribed a direct insult against his Creator, Allah (swt). Before anybody can begin to say that Mut'ah is evil or an act of impiety, one must first ask if Allah (swt) has forbidden it. To do otherwise would be to merely be following one's whims and desires and introducing an impermissible innovation (bid'a) into Islamic law
*** The above is a Shia defense against Sunni attacks regarding their acceptance of Mut'ah as HALAL.
The defense is wrong on both linguistic and logical grounds since neither the word NIKAH nor the wordMUT'AH arementioned in the Arabic of this verse.
The Arabic of this verse - like so many others in the Quran - is not clear either in context or in train of thought, allowing for very DIFFERENT interpretations that can even be DIAMETRICALLY opposite.
As usual among the Muhammadan 'theologians', they would CONTORT LOGIC, PERVERT the meaning of words and TWIST CONCEPTS to fulfill any of their agenda or doctrines, in defense of their SECTARIAN beliefs ***
Sahih Al-Bukhari HadithHadith 5.527Narrated byAli bin Abi Talib
On the day of Khaibar, Allah's Apostle forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat.
Sahih Al-Bukhari HadithHadith 7.50Narrated byAli
I said to Ibn 'Abbas, "During the battle of Khaibar the Prophet forbade (Nikah) Al-Mut'a and the eating of donkey's meat."
Sahih Al-Bukhari HadithHadith 7.51Narrated byAbu Jamra
I heard Ibn Abbas (giving a verdict) when he was asked about the Mut'a with the women, and he permitted it (Nikah-al-Mut'a). On that a freed slave of his said to him, "That is only when it is very badly needed and women are scarce." On that, Ibn 'Abbas said, "Yes."
Sahih Al-Bukhari HadithHadith 7.52Narrated byJabir bin Abdullah and Salama bin Al Akwa
While we were in an army, Allah's Apostle came to us and said,
"You have been allowed to do the Mut'a (marriage), so do it."
Salama bin Al-Akwa' said: Allah's Apostle's said, "If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so." I do not know whether that was only for us or for all the people in general.
Abu Abdullah (Al-Bukhari) said:'Ali made it clear that the Prophet said,"The Mut'a marriage has been cancelled (made unlawful)."
Sahih Al-Bukhari HadithHadith 7.17Narrated byJabir bin Abdullah
When I got married, Allah's Apostle said to me, "What type of lady have you married?" I replied, "I have married a matron." He said, "Why, don't you have a liking for the virgins and for fondling them?" Jabir also said: Allah's Apostle said, "Why didn't you marry a young girl so that you might play with her and she with you?"
Sahih Al-Bukhari HadithHadith 7.432Narrated byAli
Allah's Apostle prohibited Al-Mut'a marriage and the eating of donkey's meat in the year of the Khaibar battle.
Sahih Al-Bukhari HadithHadith 9.90BNarrated byAbdullah
Nafi narrated to me that 'Abdullah said that Allah's Apostle forbade the Shighar. I asked Nafi', "What is the Shighar?" He said, "It is to marry the daughter of a man and marry one's daughter to that man (at the same time) without Mahr (in both cases); or to marry the sister of a man and marry one's own sister to that man without Mahr." Some people said, "If one, by a trick, marries on the basis of Shighar, the marriage is valid but its condition is illegal."
The same scholar said regarding Al-Mut'a, "The marriage is invalid and its condition is illegal." Some others said, "The Mut'a and the Shighar are permissible but the condition is illegal."
Sahih Al-Bukhari HadithHadith 9.91Narrated byMuhammad bin Ali
'Ali was told that Ibn 'Abbas did not see any harm in the Mut'a marriage.
'Ali said,"Allah's Apostle forbade the Mut'a marriage on the Day of the battle of Khaibar and he forbade the eating of donkey's meat."
Some people said, "If one, by a tricky way, marries temporarily, his marriage is illegal." Others said, "The marriage is valid but its condition is illegal."
*** Based upon all the above, and more, Nikah al Mut'ah is only a SANCTIFIED form of PROSTITUTION used to circumvent what would otherwise be a deadly act of FORNICATION under Sharia law.
No matter how the followers of Muhammad try to interpret this verse and this so- called 'marraige', it is without a doubt, a mechanism or a religiously coated 'escape clause' to allow the Muhammadan male to relieve his SEXUAL needs ***