Salaam
Legio Invicta, on 20 August 2011 - 07:01 PM, said:
The war is on...
When will people get this into their heads that Mutah is Halal but NOT obligatory? Why then is there such a severe criticism for this practice when it's optional on the believers to do it? Sigh the exceedingly high amount of the quality on this forum that we call "feminism" is astonishing...
Yes its not obligatory for one do do it in general but only mustahab " Recommended in general" but in specific cases it could be:
1)highly msutahab
2) obligatory or
3) neutral (mubah ) or
4) even Haraam
depending on the situation and the secondary rules that apply due to secondary topics associated with it...
for example if one person has a STD and he consummates the mut3a marriages without informing the contracting party then that constitutes a haraam action
or if some one deceives and lies
some of these cases invalidate the marriage but some others dont but all of them give the right to the hakim to finish the period and maybe even compensate if the party that has been transgressed upon requires to .
In a society where muta is highly a taboo and that causes the disablement of the law and the opening of the haraam doors as an alternative to it like in our societies today then it becomes obligatory for people to practice it to break the taboo because it would be
Wajib kefie.
Examples of wajib kefie:
washing the dead
eid prayer
Ijtihad and
enjoining good and forbidding evil is
wajib kefie ( reference: minhaj alsaleheen for al khooie)
Wajib kefie means
"sufficiency obligation" that if others don't do it it becomes obligatory on you to do it on order to suffice. (with the case of forbidding the evil it is so that the forbidding of evil has been sufficiently done)
(with the case of ijtihad is so that at least some is doing ijtihad and suffices)
(with the washing the dead is that some one must suffice and wash)
The prophet gave us the instruction of nahi an almunkar:
"whoever of you saw a negative then let him change it with his hand and if he can not then with his mouth and if he can not then with his heart and thats the lowest of faith"
so the ideal way of nahi an almunkar is the actual practice by your own hand
second ideal way is by talking and praising it on shiachat and in mosques and amongst people
third option is if you are too weak and your whipped and have gun at your head that if you say mut3a is good you'll get killed or face persecution (maybe like in saudi) then you can support it in your heart and that's the lowest of faith.
This is for wajib kefie but in other cases in order to avoid sin it becomes obligatory too
So yes in general its not obligatory on the person to practice it but do you know whats obligatory??? its obligatory on third parties to accept it because its hallal and its a sin for people to reject when a third party is involved in it like call them names and degrade them for it.
so even your first wife is a third party and she has no right to object a halal transaction taking place between two third parties even if it was not an obligatory situation.
same with the parents.
but if its an obligatory situation then its very logical that they are prohibiting whats obligatory and that's a great crime.
Edited by alimohamad40, 20 August 2011 - 09:14 PM.