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imami

Maliki madhab also holds muta as lawful

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(bismillah)

Salam, in the Pooya/Ali Commentary of 4:24 (mut'ah verse) one can read as followed:

...

Therefore the Shia school of thought (Islam-original) holds both the mutas lawful. Ali ibn abi Talib reversed the uncalled-for innovation of the second caliph, and thereafter it was never again prohibited.

The Maliki school of thought also holds muta as lawful.

This last sentence about the Sunni Maliki Madhab also holding mut'ah as lawful - can anyone show me some sources where this is stated? I tried to find some reliable prof of this but without any luck.

Best regard,

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(salam)

I know this is not the best source, but perhaps someone can check the two references at the bottom that have been given over [here]:

Muhammad ibn Idris ash-Shafi`i, a 9th century Sunni Shafi'i Islamic scholar writes:

“ Nikah Mut'ah is our eyes is false, whilst Imam Malik deemed it permissible, as proof he says it was halaal and permissible, it was removed and was not abrogated [1][2]

[1] ^ Al Hidaya Volume 1 p. 13

[2] ^ See also Fath al-Bari Volume 9 p. 73 Dhikr Mut'ah

“Mut'ah cannot be Nikah, Mut'ah is false, it should not be practised, Ibn Abbas and Imam Malik had differing views, in their views this was practicable [3][2]"

[3] ^ Fatawi Qadhi Khan Volume 1 p 151 al Nikah Fayl

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assalamu `alaykum

If a mod sees this could, could he or she please move it to the Shia-Sunni discussion, please? Barakallah bikum.

Mut`ah is haram according to the fiqh of all of the madhahib of the Ahlus Sunnah wal Jam`ah.

The Risala of ibn Zayd, a manual of Maliki fiqh, specifically mentions mut`ah as prohibited.

Chapter 32: On marriage, divorce, remarriage, 'Dhihar'-repudiation, vows of celibacy within marriage, mutual cursing (li'an), 'Khul'-'divorce, and suckling

32.4 Forbidden types of Marriage

32.4a. The shighar marriage

A 'shighar' marriage - which is when there is a direct exchange of daughters without any dowry - is not permitted...

32.4c. Temporary marriage

nor is temporary marriage - which is marriage for a specified, limited period.

The commentary for the risala reads as follows:

[by consensus. This is found in Khalil, the Mudawwana and elsewhere, whether it is a short or long term such that the person will not live that long. Ibn Rushd said that it is marriage with a dowry, guardian and witnesses which is unsound by setting a term, and its judgement is that it is always invalid without a divorce. ...]

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(bismillah)

Wa alaykum as-Salaam Aal-e-Imran & pink,

Thanks for the ahadith. The one from Ibn Abbas, quote:

“Mut'ah cannot be Nikah, Mut'ah is false, it should not be practised, Ibn Abbas and Imam Malik had differing views, in their views this was practicable [3][2]"

[3] ^ Fatawi Qadhi Khan Volume 1 p 151 al Nikah Fayl

It's quite difficult to conclude something from this hadith, because we got both hadith from Ibn Abbas that sometimes advocate for the legacy of mut'ah and some other hadith that advocate for the forbidding of mut'ah.

Anyhow, I am not interested in the legal opinion hold by current Maliki scholars, but the opinion of the older Maliki scholars and Imam Malik himself.

Best regard,

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Wa alaykum as-Salaam Aisha-999,

I am not interested in the opinion hold by the current Maliki scholars, because some degree of ijtihad is to be found in the sunni madhabs. I am asking about the opinion of Imam Malik's original opinion and his salafs.

Best regard,

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(bismillah)

Wa alaykum as-Salaam Aal-e-Imran & pink,

Thanks for the ahadith. The one from Ibn Abbas, quote:

It's quite difficult to conclude something from this hadith, because we got both hadith from Ibn Abbas that sometimes advocate for the legacy of mut'ah and some other hadith that advocate for the forbidding of mut'ah.

Anyhow, I am not interested in the legal opinion hold by current Maliki scholars, but the opinion of the older Maliki scholars and Imam Malik himself.

Best regard,

A statement to be called a Hadith should be either from Allah swt or Mohammad wa Aale Mohammad asws. Any statement which is not from them, you can throw it on the wall because it is not a hadith but an individuals personal statements.

Ya Ali Madad

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Wa alaykum as-Salam siraatoaliyinhaq,

If you prefer to use the word khabar, please feel free to do so - but I still need some info on why the above Tafsir have mentioned that the Malik school of thought believed in the legacy of mut'ah.

Best regard,

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assalamu `alaykum

Imam Malik repudiated zawaj al mut`ah in his al Mudawwana al kubra, in the section entitled ÇáäßÇÍ Åáì ÃÌá . It is on Vol 2, p 130 of the Beirut edition, Dar al Kutub al `Ilmiyya, 1994. My gratitude goes to brother Abu Harris of Sunni Forum.

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Sahih Muslim

Chapter 3 :TEMPORARY MARRIAGE AND ITS PROHIBITION FOR ALL TIMES TO COME

Book 8: KITAB AL-NIKAH (THE BOOK OF MARRIAGE)

Hadith No. 3247:

Salama b. al Akwa' and Jabir b. Abdullah reported: Allah's Messenger (may peace be upon him) came to us and permitted us to contract temporary marriage.

Hadith No. 3248:

Ibn Uraij reported: 'Ati' reported that jibir b. Abdullah came to perform 'Umra, and we came to his abode, and the people asked him about different things, and then they made a mention of temporary marriage, whereupon he said: Yes, we had been benefiting ourselves by this temporary marriage during the lifetime of the Holy Prophet (may peace be upon him) and during the time of Abu Bakr and 'Umar.

Hadith No. 3249:

Jabir b. 'Abdullah reported: We contracted temporary marriage giving a handful of (tales or flour as a dower during the lifetime of Allah's Messenger (may peace be upon him) and durnig the time of Abu Bakr until 'Umar forbade it in the case of 'Amr b. Huraith.

Hadith No. 3250:

Abu Nadra reported: While I was in the company of Jabir b. Abdullah, a person came to him and said that Ibn 'Abbas and Ibn Zubair differed on the two types of Mut'as (Tamattu' of Hajj and Tamattu' with women), whereupon Jabir said: We used to do these two during the lifetime of Allah's Messenger (may peace be upon him). Umar then forbade us to do them, and so we did not revert to them.

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æÞÇá ãÇáß : åæ ÌÇÆÒ áÃäå ßÇä ãÈÇÍÇ ÝíÈÞì Åáì Ãä íÙåÑ äÇÓÎÉ

Malik said: "It is permitted because it was lawful so it will remain (lawful) till the abrogation appears."

Al Hidayah, Volume 1 page 186

Hanafis have corrected this improper attribution in many commentaries on the Hidayah.

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assalamu `alaykum,

I got another answer to this question:

---Quote (Originally by pinkworld)---

assalamu `alaykum wa rahmatullah

I am wondering if it might be possible to find a quotation of Imam Malik against mut`ah from that text or from another classical text of fiqh?

Thank you all so much; barakallahu bikum.

---End Quote---

assalamu 'alaykum,

I was reading a commentary on an usul book and it mentioned something about this. Basically it said that the author of Hidaya made a mistake in attributing this view to Imam Malik. One of the ways he proved that was by mentioning that Imam Malik relates a hadith in his Muwatta which clearly forbids mut'a and that he does not bring hadiths in the Muwatta which aren't supportive of his madhab - wallah Alam. Maybe a scholar or student of knowledge can clarify this further.

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(bismillah)

Salam, in the Pooya/Ali Commentary of 4:24 (mut'ah verse) one can read as followed:

This last sentence about the Sunni Maliki Madhab also holding mut'ah as lawful - can anyone show me some sources where this is stated? I tried to find some reliable prof of this but without any luck.

Best regard,

One out of many shiaa lies...there is no such thing.Imam Malik r.h was even the most extreme,so calling him a mutaa supporter is just stupid.I am hanafi but i have read a lot about the 3 other schools too

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Another funny things is all Sunnis, even Wahhabis in Najdi Occupied "Saudi" Arabia recognized Mutah marriage even if by calling it another name. Just read about Misyar marriage or Traveler's marriage that even the Wahhabi run "Ulama of Saudi Arabia" recognize as a valid marriage. Misyar is just Sunnis wanting a different name then Mutah marriage for their traveler's marriage that their scholars say is valid and halal.

Edited by Abdul-Rahman Brent

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Another funny things is all Sunnis, even Wahhabis in Najdi Occupied "Saudi" Arabia recognized Mutah marriage even if by calling it another name. Just read about Misyar marriage or Traveler's marriage that even the Wahhabi run "Ulama of Saudi Arabia" recognize as a valid marriage. Misyar is just Sunnis wanting a different name then Mutah marriage for their traveler's marriage that their scholars say is valid and halal.

The famous misyar :rolleyes:

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As much as I would love the ruhksa, the Maliki fiqh I saw compared it to prostitution. (lol no offense)

tell me honestly,would you ever marry a woman who before you had many muta marriages? would you marry(for real) that woman,have children etc?

thats just "legal" prostitution,nothing else

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tell me honestly,would you ever marry a woman who before you had many muta marriages? would you marry(for real) that woman,have children etc?

thats just "legal" prostitution,nothing else

That legal "prostitution" your talking about was made lawful for muslims on the time of your Prophet s.a.w.s. , so watch how you speak about it whom your cherished ones once practiced.

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That legal "prostitution" your talking about was made lawful for muslims on the time of your Prophet s.a.w.s. , so watch how you speak about it whom your cherished ones once practiced.

when they practiced it it was allowed

but answer my question:

tell me honestly,would you ever marry a woman who before you had many muta marriages? would you marry(for real) that woman,have children etc?

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when they practiced it it was allowed

but answer my question:

tell me honestly,would you ever marry a woman who before you had many muta marriages? would you marry(for real) that woman,have children etc?

It still is allowed, no caliph can change what God made lawful, and to answer your question, yes I would marry any women that had any or a muta marriage because your cherished and my cherished ones did before, and your not better then them, neither am I. Now answer my question, why is it permissible in Ahlul Sunna to get a divorce with no witness?

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It still is allowed, no caliph can change what God made lawful, and to answer your question, yes I would marry any women that had any or a muta marriage because your cherished and my cherished ones did before, and your not better then them, neither am I. Now answer my question, why is it permissible in Ahlul Sunna to get a divorce with no witness?

Follow Allah and his Messanger(saws) and those in authority

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when they practiced it it was allowed

but answer my question:

tell me honestly,would you ever marry a woman who before you had many muta marriages? would you marry(for real) that woman,have children etc?

Evens sunnis recognize Mutah marriage, they call it Misyar marriage today.

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The misyar marriage is not a temporary marriage. A date of termination of the marriage is not set. In fact, Sunni Islam considers any marriage that sets a date for the termination of a marriage to be null and void. In Sunni Islam, the misyar marriage is a marriage in which the wife gives up some of the rights that she would ordinarily have over her husband, such as living in the same house as him.

See http://daruliftaa.com/question.asp?txt_QuestionID=q-21475354:

A Misyar marriage can be defined as an official marriage contract between a man and a woman, with the condition that the spouses give up one, two or several of their rights by their own free will. These include: living together, equal division of nights between wives in cases of polygamy, the wife’s right to housing (sukna) and financial support (nafaqa). In some cases, only one right is relinquished by the spouses, such as living together, but the husband is still required to provide housing for the wife and maintain her financially, whilst in other instances, the wife gives up all her rights including housing and financial support. The bottom line in such arrangements is that the couple agree to live separately from each other, as before their Nikah contract, and see each other to fulfil their needs in a lawful manner when they so desire. At times, a Misyar marriage is contracted on a temporary basis which ends in divorce on the expiration date of the contract.

Edited by pink

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Not only Imam Malik but Imam Ahmad ibn Hanbal also deemed it permissible to marry a woman temporarily. Even Al Maududi who was an extremist, said that if a man encounters a situation in which his sexual desires get hold of him and he has to chose between adultery and temporary marriage then he's allowed to chose the latter in order to avoid the former.

Edited by Modest Muslim

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