Quran Garden

The Muta'h temporary marriage has been a divisive and controversial issue in the Muslim Ummah.  Today, we study its history and clear the controversy.  Join us in the next 10 minutes as we dive deep into Aya 24 of Surah An-Nisaa.

Session 573

Chapter 4

Verse 24

a continuation

And the fortified from your women except what your rights possessed.  Such is the God's decree for you.  Other women are lawful to you, so long as you seek them in marriage, with gifts from your wealth, looking for wedlock rather than fornication.  If you wish to enjoy women through marriage, give them their due compensation as an obligation, though if you should choose mutually, after fulfilling this obligation, to do otherwise , you will not be blamed: God is all-knowing and all-wise.  (Chapter 4: Verse 24)

Today, we discuss a controversial part from Aya 24 of Surah An-Nisaa.  More specifically, the phrase "If you wish to enjoy women through marriage, give them their due compensation as an obligation." Enjoyment encompasses many things, from the proposal, to the engagement, wedding, sexual relations, and so on.  However, the Shi'a school of thought interpreted the phrase as a reference to the temporary enjoyment of marriage (mut'ah).  It is a marriage in which the duration of the contract and the dowry compensation must be specified and agreed upon in advance.  The marriage automatically ends at the expiration of the period.  Part of their argument is that God referred to what was given in return for the relations as "compensation."  

We answer that the word "compensation" –translated from the Arabic Ajr- has been mentioned regarding regular marriage.  We find the example when Prophet Moses visited Prophet Shuayb,

He said to Moses: "I want to marry one of these two daughters of mine to you if you serve me for eight years.  But if you should complete ten years, that would be an act of grace from you.  I do not mean to impose any hardship on you.  You will find me, God willing, one of the righteous." (28:27)

In the Aya above, the dowry of eight years of service was also called Ajr "compensation," so we ask: why would you change the meaning to the temporary marriage (mut'ah)?

They claim that the temporary mut'ah marriage occurred during Prophet Muhammad's time.  We acknowledge that it is true.  But let's examine the reasons behind it.  He, peace be upon him, allowed temporary marriages briefly during military expeditions.  Jihad required the companions to be away from their wives for prolonged periods.  Some approached the Prophet to align their lives with clear faith.  They could have concealed sexual matters from him, but the companions chose to ask, fearing their desires might distract from the mission.  They said, 'O Messenger of Allah, shall we castrate ourselves?' The Prophet did not allow that but permitted temporary marriage to solve the issue.  He, peace be upon him, later prohibited it.  The temporary mut'ah marriage happened by a decree from God's Messenger under particular circumstances for a short period; however, he, peace be upon him, abolished this ruling before he died.    

We find further evidence in the actions of Umar ibn al-Khattab, may God be pleased with him.  He was known for his role in Islamic legislation—which often coincided with Quranic revelation— The Caliph Umar stated, 'Whoever engages in temporary marriage will be stoned.'  and Ali, may Allah honor him, supported Umar's prohibition.

It's said that Ibn Abbas supported the temporary Muta'h marriage; however, he later admitted to his mistake.  Why?  Because the Prophet's companions didn't attend revelation classes or lessons with Muhammad.   Instead, each would visit the Prophet after their daily job and whenever life permitted.  Some heard a ruling, while others did not until later.  Ibn Abbas stated he wasn't aware of the Prophet's prohibition on temporary marriage until later.

Therefore, the Shia's claim that temporary marriage is still permissible is due to a misunderstanding.  The statement "If you wish to enjoy women through marriage, give them their due compensation as an obligation" from Aya 24 should be aligned with the subsequent statement about dowries from Aya 25: "Then marry them with the permission of their family and give them their due compensation," both address regular marriage and dowry.  

Moreover, there is a distinction between "price" and "compensation"—the former is for tangible goods, while the latter pertains to benefits from them.  The man does not own the woman by paying the dowry; instead, he gains the right to enjoy intimacy through marriage.  Thus, it's also called "compensation."

The phrase "as an obligation" means that Allah decreed the dowry as a the man’s duty and woman’s right.  However, when God legislates rights, He often leaves the door open for virtue.  He says, "If you should choose mutually, after fulfilling this obligation, to do otherwise, you will not be blamed." It is the woman's right to receive the dowry and spend it as she wishes.  But Islam allows the bride to forgo the dowry willingly and for the man to give her more than the agreed amount.  God says,

Give women their dowry as a gift, and if they remit anything of it of their own accord, then consume it in satisfaction and ease.  (4:4)

And in another chapter,

Do not forget to show grace to one another.  God sees what you do.  (from 2:237)

In modern times, women often use their dowry to help furnish the house, even though it is the man's responsibility.  Such cooperation increases affection and fosters a sense of family.

The verse ends with, "God is all-knowing and all-wise." Always remember that God's decrees are based on what best suits His creation.  Nothing escapes Him, the All-knowing, All-Wise.  Even in the best-run governments, the laws set by humans are often deficient and limited.  This is because after a law is implemented, it often becomes apparent that parts of it are flawed.  Whoever initially set these laws had either an incomplete knowledge of the present, a limited vision of the future, or was self-serving.  Once faults become clear, a new law or an amendment is passed to fix the shortcomings. 

For those who claim that divine legislation does not address modern human needs, we ask, who then can cover these needs?—Are you qualified to amend God's laws?  If God delays a ruling or changes one, His wisdom demands it. 

Take the example of the gradual prohibition of alcohol as a perfect example of how deeply rooted habits and addictions require patience and gradual legislation to reach the ultimate goal.  Immediate prohibition is problematic because alcoholism is a dependency.  God began the process with the following Aya,

And from the fruit of the date palm and the grapevine, you derive both intoxicants and wholesome provision.  There is certainly a Sign in that for people who use their intellect.  (16:67)

Note that God mentioned 'intoxicants' without comment but described 'provision' as 'wholesome.' The subtle omission indicates that once fruits and other healthy foods are used to make intoxicants, they can no longer be described as wholesome.  This aya is an excellent example of the difference between legislation and advice.  When you advise someone about a matter, you would often say: 'I will tell you the advantages and disadvantages, and then you are free to make up your mind.' We find another verse of advice about the harms of intoxicants in Surah Al-Baqarah,

They ask you about intoxicants and gambling: say, "There is great sin in both, and some benefit for people: the sin is greater than the benefit." (from 2:219)

Some people rightfully say, 'We reap so many economic benefits from alcohol and gambling; we earn a good living; people have fun and forget their troubles.' These are undeniable benefits, but Allah –the All Knowledgeable- explains that the damage to families and societies far outweighs any benefits.  That is a fair assessment.

Soon after, the following was revealed:

You who believe, do not come anywhere near the prayer if you are intoxicated, not until you know what you are saying.  (from 4:43)

Allah commanded the companions to stay away from prayers while drunk.  A Muslim waking up in the morning can no longer drink because they have to offer the Fajr morning prayer; they cannot get drunk because soon will be the time for the Zuhr midday and Asr afternoon prayer.  So is the case for the Maghrib sunset and Isha night prayers.  This only left the person with night-time to drink and get drunk.  In this manner, God made the time a believer abstains from alcohol longer than the time he or she drinks.  Another step on the way to prohibition was completed.

During this time, some differences and problems arose among the companions regarding intoxicants, which prompted them to ask Prophet Muhammad to clarify things.  God answered,

You who believe, intoxicants and gambling, idolatrous practices, and divining with arrows are repugnant acts- Satan's doing- shun them so that you may prosper.  With intoxicants and gambling, Satan seeks only to incite enmity and hatred among you, and to stop you from remembering God and prayer.  Will you not give them up? (5:90-91)

The companions replied: we have ceased our Lord. 

Allah is all-knowing; nothing escapes Him.  He knows that a woman might love her husband so much that the dowry has no value to her, or a man might love his wife to the extent that money holds no value to him.  Allah gave them both plenty of room for goodwill and virtue.

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