Mutah With A Prostitute - Is It Wrong?

apples69 · January 3, 2011

If a man is unable to find a muslim female for mutah, can the man do mutah with prostitute/escort (non muslim), is this halal or would it be classed as fornification and be wrong?

Replicant · January 3, 2011

http://www.*******.org/hadiths/marriage/muta/dislike-of-doing-muta-with-a-woman-famous-with-fornication

apples69 · January 3, 2011

http://www.*******.org/hadiths/marriage/muta/dislike-of-doing-muta-with-a-woman-famous-with-fornication

in the uk, it is almost impossible to find the channels for mutah with a muslim lady, so in order to avoid the haram, i have been told that some scholars have said that it is permissable to have mutah with a lady who is known as a prostitue/escort (who receives money for the service) as long as you ready the mutah verse to her and explain that it is a temp marriage for say the 1hr or 2hr and then when she agree you can give the dowry

opinion amongst scholars is that its makrooh to contract mutaah with a woman who is known for fornication (including prostitutes.)makrooh means its halal but not preferred.

some times a person is better off doing a makrooh than doing a haraam. There is no sin in doing a makrooh act and its not punishable however its not advised.

obviously the marriage to a prostitute is a last resort to avoid falling into haraam.

Grand Ayatollah Sayyad Mohammad Saeed Al- Hakeem has allowed mutah with a prostitute if you cant find a muslim lady, see

i just want a clear verdict, is it halal if it is the only way for you to stop doing the haram, because i dont want to do mutah with a prostitute in the uk and then to realise its classed as fornication and not allowed, some people say its halal and some say its haram, so who do you follow?

Just wanted to add that Ayatullah Khamenei also allows marriage with a prostitute (though he labels it makrooh)

Q: Is it permissible to do mut‘ah with a woman who commits zinā or with a prostitute?

A: It is reprehensible to marry a woman who commits zinā, especially if she is known to be a prostitute

page__st__50__start__50

i know this topic has been posted before and i dont want to repeat the same things, can we have a yes or no on this so myself and others with the same question have a definite answer and wont keep asking the same question on mutah with a prositiute

http://www.leader.ir/langs/EN/tree/38/index.php

awkwardsalafiLOL · January 28, 2011

Brother please read this fatwa on mut'ah

http://www.islam-qa.com/en/ref/1373/temporary%20marriage

Bhooka_Bhairiya · January 29, 2011

Brother please read this fatwa on mut'ah
http://www.islam-qa.com/en/ref/1373/temporary%20marriage

Sunni/salafi/wahabi junk is meaningless for us. Mutah is for MEN, not henpeck effeminates.

Shay · January 30, 2011

If a man is unable to find a muslim female for mutah, can the man do mutah with prostitute/escort (non muslim), is this halal or would it be classed as fornification and be wrong?

[Edited Out] whats the world coming to if people are actually seriously asking questions like this!

http://www.who.int/healthinfo/statistics/mortality_child_cause/en/index.html

Ya Baqiyatullah (aj) · January 30, 2011

I think this topic should be trashed

Gypsy · January 30, 2011

(salam)

Maybe pause a little bit here and read

Qur'an 24:26

Yusuf Ali translation: "Women impure are for men impure, and men impure for women impure and women of purity are for men of purity, and men of purity are for women of purity . . ."
Marmaduke Pickthall translation: "Vile women are for vile men, and vile men for vile women. Good women are for good men, and good men for good women . . ."
M.H. Shakir translation: "Bad women are for bad men and bad men are for bad women. Good women are for good men and good men are for good women.

Sistani and Khamenei

Q40) Can a Muslim do Muta with a prostitute in order to satisfy his physical needs?
A40) Marrying a woman who is known publicly as an adulterer is not permissible as a measure of precaution except after repentance (tawbah).
http://www.alulbayt.com/rulings/11.htm

Marrying a Prostitute
Q: Is it permissible to do mut‘ah with a woman who commits zinā or with a prostitute?
A: It is reprehensible to marry a woman who commits zinā, especially if she is known to be a prostitute.
Scroll all the way to marriage
http://www.leader.ir/tree/index.php?catid=38

guest 34193 · January 30, 2011

Marrying a Prostitute
Q: Is it permissible to do mut‘ah with a woman who commits zinā or with a prostitute?
A: It is reprehensible to marry a woman who commits zinā, especially if she is known to be a prostitute.

Actually, that would be saying it's makrooh (i.e. not haram).

BabyBeaverIsAKit · January 30, 2011

^Really? That's not quite how I understand it. Someone might want to check. Dictionary.com definition of reprehensible: "deserving of reproof, rebuke, or censure; blameworthy."

If a man does mutah with a prostitute, he should do Muslim females a favor by not marrying one of them. That way, you will have saved a Muslim woman from getting STDs.

guest 34193 · January 30, 2011

While our selves might tell us one thing in regards to this (whether we think it is acceptable or not), determining the laws of the Shari`a doesn't work that way, i.e. they are not based on our own personal predilections and wants.

Looking at the hadiths, I can understand why some fuqaha have said it would be permissible though makrooh. That is, the fact of the woman being a fornicatress (doing the haram) not rendering the halal itself to be haram. While married to her, in fact she would be being taken out of the haram for that time period. So, fiqh-wise, they would say it is ja'iz. This one here seems about the most explicit narration I know of on this one:

[ 26439 ] 3 ـ وبإسناده عن الحسن بن محبوب ، عن إسحاق بن جرير قال : قلت لابي عبدالله ( عليه السلام ) : إن عندنا بالكوفة امرأة معروفة بالفجور ، أيحل أن أتزوجها متعة ؟ قال : فقال : رفعت راية ؟ قلت : لا ، لو رفعت راية أخذها السلطان ، قال : نعم تزوجها متعة ، قال : ثم أصغى إلى بعض مواليه فأسر إليه شيئا ، فلقيت مولاه فقلت له : ما قال لك ؟ فقال : انما قال لي : ولو رفعت راية ما كان عليه في فتزويجها شئ إنما يخرجها من حرام إلى حلال .

3 – And by his isnad from al-Hasan b. Mahbub from Ishaq b. Jarir. He said: I said to Abu `Abdillah عليه السلام: Verily in Kufa there is a woman with us who is known for promiscuity. Is it allowed to marry her in mut`a? He said: So he said: Did she raise a standard? I said: No, had she raised a standard the Sultan would have arrested her. He said: Yes, marry her in mut`a. He said: Then he listened to one of his slaves (or, supporters, or, clients) and confided something to him. So I met his slave and said to him: What did he say to you? So he said: He only said to me: Even if she had raised a standard there would not be anything against the marriage. It only takes her out from a haram to a halal.

I'm not positive what raising a standard (i.e. a flag) would mean, but the context would seem to indicate to me it means she was a prostitute (e.g. the Sultan would arrest her).

Another one:

[ 26440 ] 4 ـ علي بن عيسي في ( كشف الغمة ) نقلا من كتاب ( الدلائل ) لعبدالله بن جعفر الحميري ، عن الحسن بن ظريف قال : كتبت إلى أبي محمد ( عليه السلام ) : قد تركت التمتع ثلاثين سنة ، ثم نشطت لذلك ، وكان في الحي امرأة وصفت لي بالجمال ، فمال قلبي اليها ، وكانت عاهرا لا تمنع يد لامس فكرهتها ، ثم قلت : قد قال الائمة ( عليهم السلام ) : تمتع بالفاجرة فإنك تخرجها من حرام إلى حلال ، فكتبت إلى أبي محمد ( عليه السلام ) أشاوره في المتعة وقلت : أيجوز بعد هذه السنين أن أتمتع ؟ فكتب : انما تحيي سنة وتميت بدعة فلا بأس ، وإياك وجارتك المعروفة بالعهر ، وإن حدثتك نفسك أن آبائي قالوا : تمتع بالفاجرة فانك تخرجها من حرام إلى حلال ، فان هذه امرأة معروفة بالهتك وهي جارة وأخاف عليك استفاضة الخبر منها . فتركتها ولم أتمتع بها ، وتمتّع بها شاذان بن سعد رجل من إخواننا وجيراننا فاشتهر بها حتى علا أمره ، وصار إلى السلطان وغرم بسببها مالا نفيسا وأعاذني الله من ذلك ببركة سيدي

4 - `Ali b. `Isa in Kashf al-Ghumma transmitting from the book ad-Dala’il of `Abdullah b. Ja`far al-Himyari (narrating) from al-Hasan b. Zharif. He said: I wrote to Abu Muhammad عليه السلام: I had abandoned mut`a for thirty years, then I felt like doing that. And there was a woman in the neighborhood who was described to me as beautiful, so my heart inclined to her. But, she was an adulteress not preventing a toucher’s hand, so I disliked her. Then I said: The Imams عليهم السلام have said: Marry the dissolute woman for verily you take her out from a haram to a halal. So I wrote to Abu Muhammad عليه السلام taking his counsel in regards to the mut`a, and I said: Is it permissible after this age that I do mut`a? So he said: You are only revivifying a sunna and making an innovation die, so there is no harm. And beware you of your neighbor who is known for adultery. And if your self told you that my fathers said: Do mut`a with the dissolute woman for verily you take her out from a haram to a halal, then this woman is known for disclosing and she is a neighbor, and I fear for you the spreading of the report from her. So I left her and did not do mut`a with her. And Shadhan b. Sa`d, a man from our brethren and neighbors, did mut`a with her, and he became famous with it (or, her) until his affair went up and reached the Sultan. And because of it, he was fined with a costly property. And Allah preserved me from that by the blessing of my master.

So again, it is showing permissibility even though the Imam (as) advised against it in this case in order to protect his follower from the authorities.

However... it's also very clear from the ahadith that really one should be looking for a woman is both a mu'mina _and_ chaste. So ethically speaking, while mut`a with the zaniyya would be considered halal and thus the person engaging in it is not committing zina themselves, still, one should look to marrying (ethically, ideally) pure women. Such as:

[ 26433 ] 1 ـ محمد بن يعقوب ، عن محمد بن يحيى ، عن أحمد بن محمد ، عن محمد بن إسماعيل قال : سأل رجل أبا الحسن الرضا ( عليه السلام ) وأنا أسمع عن رجل يتزوج المرأة متعة ويشترط عليها أن لا يطلب ولدها ـ إلى أن قال : ـ فقال : لا ينبغي لك أن تتزوج إلا بمؤمنة أو مسلمة ، فإن الله عز وجل يقول : ( الزاني لا ينكح إلا زانية أو مشركة والزانية لا ينكحها إلا زان أو مشرك وحرم ذلك على المؤمنين ) .

ورواه الشيخ بإسناده عن أحمد بن محمد ، مثله ، إلا أنه قال : لا تتزوج إلا بمأمونة .

ورواه الصدوق بإسناده عن محمد بن إسماعيل ، مثله .

1 – Muhammad b. Ya`qub from Muhammad b. Yahya from Muhammad b. Isma`il. He said: A man asked Abu ‘l-Hasan ar-Rida عليه السلام and I was listening, about a man who marries the woman in mut`a and puts a condition upon her that he will not seek her child – until he said: So he said: It is not appropriate for you to marry (anyone) but a mu’mina or a muslima, so verily Allah عز وجل says “The fornicator does not marry but a fornicatress or an idolatress and the fornicatress is not married but to a fornicator or an idolator. And that is forbidden upon the believers” (24:3)

And the Shaykh narrated it by his isnad from Ahmad b. Muhammad likewise except that he said: you do not marry (anyone) but a trustworthy woman.

And as-Saduq narrated by his isnad from Muhammad b. Isma`il likewise.

and

[ 26436 ] 4 ـ وعن علي بن إبراهيم ، عن محمد بن عيسى ، عن يونس ، عن محمد بن الفضيل قال : سألت أبا الحسن ( عليه السلام ) عن المرأة الحسناء الفاجرة ، هل تحب للرجل أن يتمتع منها يوما أو أكثر ؟ فقال : إذا كانت مشهورة بالزنا فلا يتمتع منها ولا ينكحها .

4 – And from `Ali b. Ibrahim from Muhammad b. `Isa from Yunus from Muhammad b. al-Fudayl. He said: I asked Abu ‘l-Hasan عليه السلام about the beautiful dissolute woman, is it beloved [is it permissible – in al-Kafi] for the man to do mut`a with her for a day or more? So he said: If she is famous with fornication, then do not do mut`a with her and do not marry her.

When you have an apparent contradiction like that on the surface at least in the akhbar (some saying you can do something, some saying don't do it), a common way of reconciling it is to say the act is permissible but makrooh, so perhaps that is why some fuqaha have ruled this way on this issue.

Precaution however, which some other fuqaha have ruled by, would tell you to stay away from it, and of course precaution is the safest path to take here. Committing zina is extremely serious, and one does not want even if by accident to be engaging in it.

^Really? That's not quite how I understand it. Someone might want to check. Dictionary.com definition of reprehensible: "deserving of reproof, rebuke, or censure; blameworthy."
If a man does mutah with a prostitute, he should do Muslim females a favor by not marrying one of them. That way, you will have saved a Muslim woman from getting STDs.

I'm pretty positive they are translating makrooh here as "reprehensible". If they thought it was haram, they'd clearly say it is haram, not permissible, or what have you. It's just the way jurists write these responses. So maybe one would say he would appear to be trying to discourage it stating it's being makrooh, still, what is being said implicitly is that it is still ja'iz none the less.

Now... all that being said, there's the whole other issue in regards to the permissibility of marrying non-Muslim women period. And for that there has been a lot of varying views, ranging from totally haram (even in mut`a) to permissible (even permanently). And the discussion on that brings in a whole host of other proofs and arguments from the Quran and ahadith.

in the uk, it is almost impossible to find the channels for mutah with a muslim lady

I don't live in the UK, and I doubt it's all that easy to contract, but I think it'd be an exaggeration to say it's impossible (or almost impossible). And even if mut`a were "impossible", there is still permanent marriage of course.

i just want a clear verdict, is it halal if it is the only way for you to stop doing the haram

I realize this isn't answering your question, but how in the world is going with a prostitute the "only" way to stop doing the haram? Self control while it might not be pleasant is not impossible. And if someone is that desperate they go with a prostitute to save themselves from the haram, what will they do once their desires come back (as they will) after they've had their initial satisfaction? Keep going back to hookers? Is that the type of life one wants to live?

amina1989 · February 1, 2011

While our selves might tell us one thing in regards to this (whether we think it is acceptable or not), determining the laws of the Shari`a doesn't work that way, i.e. they are not based on our own personal predilections and wants.
Looking at the hadiths, I can understand why some fuqaha have said it would be permissible though makrooh. That is, the fact of the woman being a fornicatress (doing the haram) not rendering the halal itself to be haram. While married to her, in fact she would be being taken out of the haram for that time period. So, fiqh-wise, they would say it is ja'iz. This one here seems about the most explicit narration I know of on this one:
[ 26439 ] 3 Ü æÈÅÓäÇÏå Úä ÇáÍÓä Èä ãÍÈæÈ ¡ Úä ÅÓÍÇÞ Èä ÌÑíÑ ÞÇá : ÞáÊ áÇÈí ÚÈÏÇááå ( Úáíå ÇáÓáÇã ) : Åä ÚäÏäÇ ÈÇáßæÝÉ ÇãÑÃÉ ãÚÑæÝÉ ÈÇáÝÌæÑ ¡ ÃíÍá Ãä ÃÊÒæÌåÇ ãÊÚÉ ¿ ÞÇá : ÝÞÇá : ÑÝÚÊ ÑÇíÉ ¿ ÞáÊ : áÇ ¡ áæ ÑÝÚÊ ÑÇíÉ ÃÎÐåÇ ÇáÓáØÇä ¡ ÞÇá : äÚã ÊÒæÌåÇ ãÊÚÉ ¡ ÞÇá : Ëã ÃÕÛì Åáì ÈÚÖ ãæÇáíå ÝÃÓÑ Åáíå ÔíÆÇ ¡ ÝáÞíÊ ãæáÇå ÝÞáÊ áå : ãÇ ÞÇá áß ¿ ÝÞÇá : ÇäãÇ ÞÇá áí : æáæ ÑÝÚÊ ÑÇíÉ ãÇ ßÇä Úáíå Ýí ÝÊÒæíÌåÇ ÔÆ ÅäãÇ íÎÑÌåÇ ãä ÍÑÇã Åáì ÍáÇá .
3 – And by his isnad from al-Hasan b. Mahbub from Ishaq b. Jarir. He said: I said to Abu `Abdillah Úáíå ÇáÓáÇã: Verily in Kufa there is a woman with us who is known for promiscuity. Is it allowed to marry her in mut`a? He said: So he said: Did she raise a standard? I said: No, had she raised a standard the Sultan would have arrested her. He said: Yes, marry her in mut`a. He said: Then he listened to one of his slaves (or, supporters, or, clients) and confided something to him. So I met his slave and said to him: What did he say to you? So he said: He only said to me: Even if she had raised a standard there would not be anything against the marriage. It only takes her out from a haram to a halal.
I'm not positive what raising a standard (i.e. a flag) would mean, but the context would seem to indicate to me it means she was a prostitute (e.g. the Sultan would arrest her).
Another one:
[ 26440 ] 4 Ü Úáí Èä ÚíÓí Ýí ( ßÔÝ ÇáÛãÉ ) äÞáÇ ãä ßÊÇÈ ( ÇáÏáÇÆá ) áÚÈÏÇááå Èä ÌÚÝÑ ÇáÍãíÑí ¡ Úä ÇáÍÓä Èä ÙÑíÝ ÞÇá : ßÊÈÊ Åáì ÃÈí ãÍãÏ ( Úáíå ÇáÓáÇã ) : ÞÏ ÊÑßÊ ÇáÊãÊÚ ËáÇËíä ÓäÉ ¡ Ëã äÔØÊ áÐáß ¡ æßÇä Ýí ÇáÍí ÇãÑÃÉ æÕÝÊ áí ÈÇáÌãÇá ¡ ÝãÇá ÞáÈí ÇáíåÇ ¡ æßÇäÊ ÚÇåÑÇ áÇ ÊãäÚ íÏ áÇãÓ ÝßÑåÊåÇ ¡ Ëã ÞáÊ : ÞÏ ÞÇá ÇáÇÆãÉ ( Úáíåã ÇáÓáÇã ) : ÊãÊÚ ÈÇáÝÇÌÑÉ ÝÅäß ÊÎÑÌåÇ ãä ÍÑÇã Åáì ÍáÇá ¡ ÝßÊÈÊ Åáì ÃÈí ãÍãÏ ( Úáíå ÇáÓáÇã ) ÃÔÇæÑå Ýí ÇáãÊÚÉ æÞáÊ : ÃíÌæÒ ÈÚÏ åÐå ÇáÓäíä Ãä ÃÊãÊÚ ¿ ÝßÊÈ : ÇäãÇ ÊÍíí ÓäÉ æÊãíÊ ÈÏÚÉ ÝáÇ ÈÃÓ ¡ æÅíÇß æÌÇÑÊß ÇáãÚÑæÝÉ ÈÇáÚåÑ ¡ æÅä ÍÏËÊß äÝÓß Ãä ÂÈÇÆí ÞÇáæÇ : ÊãÊÚ ÈÇáÝÇÌÑÉ ÝÇäß ÊÎÑÌåÇ ãä ÍÑÇã Åáì ÍáÇá ¡ ÝÇä åÐå ÇãÑÃÉ ãÚÑæÝÉ ÈÇáåÊß æåí ÌÇÑÉ æÃÎÇÝ Úáíß ÇÓÊÝÇÖÉ ÇáÎÈÑ ãäåÇ . ÝÊÑßÊåÇ æáã ÃÊãÊÚ ÈåÇ ¡ æÊãÊøÚ ÈåÇ ÔÇÐÇä Èä ÓÚÏ ÑÌá ãä ÅÎæÇääÇ æÌíÑÇääÇ ÝÇÔÊåÑ ÈåÇ ÍÊì ÚáÇ ÃãÑå ¡ æÕÇÑ Åáì ÇáÓáØÇä æÛÑã ÈÓÈÈåÇ ãÇáÇ äÝíÓÇ æÃÚÇÐäí Çááå ãä Ðáß ÈÈÑßÉ ÓíÏí
4 - `Ali b. `Isa in Kashf al-Ghumma transmitting from the book ad-Dala’il of `Abdullah b. Ja`far al-Himyari (narrating) from al-Hasan b. Zharif. He said: I wrote to Abu Muhammad Úáíå ÇáÓáÇã: I had abandoned mut`a for thirty years, then I felt like doing that. And there was a woman in the neighborhood who was described to me as beautiful, so my heart inclined to her. But, she was an adulteress not preventing a toucher’s hand, so I disliked her. Then I said: The Imams Úáíåã ÇáÓáÇã have said: Marry the dissolute woman for verily you take her out from a haram to a halal. So I wrote to Abu Muhammad Úáíå ÇáÓáÇã taking his counsel in regards to the mut`a, and I said: Is it permissible after this age that I do mut`a? So he said: You are only revivifying a sunna and making an innovation die, so there is no harm. And beware you of your neighbor who is known for adultery. And if your self told you that my fathers said: Do mut`a with the dissolute woman for verily you take her out from a haram to a halal, then this woman is known for disclosing and she is a neighbor, and I fear for you the spreading of the report from her. So I left her and did not do mut`a with her. And Shadhan b. Sa`d, a man from our brethren and neighbors, did mut`a with her, and he became famous with it (or, her) until his affair went up and reached the Sultan. And because of it, he was fined with a costly property. And Allah preserved me from that by the blessing of my master.
So again, it is showing permissibility even though the Imam (as) advised against it in this case in order to protect his follower from the authorities.
However... it's also very clear from the ahadith that really one should be looking for a woman is both a mu'mina _and_ chaste. So ethically speaking, while mut`a with the zaniyya would be considered halal and thus the person engaging in it is not committing zina themselves, still, one should look to marrying (ethically, ideally) pure women. Such as:
[ 26433 ] 1 Ü ãÍãÏ Èä íÚÞæÈ ¡ Úä ãÍãÏ Èä íÍíì ¡ Úä ÃÍãÏ Èä ãÍãÏ ¡ Úä ãÍãÏ Èä ÅÓãÇÚíá ÞÇá : ÓÃá ÑÌá ÃÈÇ ÇáÍÓä ÇáÑÖÇ ( Úáíå ÇáÓáÇã ) æÃäÇ ÃÓãÚ Úä ÑÌá íÊÒæÌ ÇáãÑÃÉ ãÊÚÉ æíÔÊÑØ ÚáíåÇ Ãä áÇ íØáÈ æáÏåÇ Ü Åáì Ãä ÞÇá : Ü ÝÞÇá : áÇ íäÈÛí áß Ãä ÊÊÒæÌ ÅáÇ ÈãÄãäÉ Ãæ ãÓáãÉ ¡ ÝÅä Çááå ÚÒ æÌá íÞæá : ( ÇáÒÇäí áÇ íäßÍ ÅáÇ ÒÇäíÉ Ãæ ãÔÑßÉ æÇáÒÇäíÉ áÇ íäßÍåÇ ÅáÇ ÒÇä Ãæ ãÔÑß æÍÑã Ðáß Úáì ÇáãÄãäíä ) .
æÑæÇå ÇáÔíÎ ÈÅÓäÇÏå Úä ÃÍãÏ Èä ãÍãÏ ¡ ãËáå ¡ ÅáÇ Ãäå ÞÇá : áÇ ÊÊÒæÌ ÅáÇ ÈãÃãæäÉ .
æÑæÇå ÇáÕÏæÞ ÈÅÓäÇÏå Úä ãÍãÏ Èä ÅÓãÇÚíá ¡ ãËáå .
1 – Muhammad b. Ya`qub from Muhammad b. Yahya from Muhammad b. Isma`il. He said: A man asked Abu ‘l-Hasan ar-Rida Úáíå ÇáÓáÇã and I was listening, about a man who marries the woman in mut`a and puts a condition upon her that he will not seek her child – until he said: So he said: It is not appropriate for you to marry (anyone) but a mu’mina or a muslima, so verily Allah ÚÒ æÌá says “The fornicator does not marry but a fornicatress or an idolatress and the fornicatress is not married but to a fornicator or an idolator. And that is forbidden upon the believers” (24:3)
And the Shaykh narrated it by his isnad from Ahmad b. Muhammad likewise except that he said: you do not marry (anyone) but a trustworthy woman.
And as-Saduq narrated by his isnad from Muhammad b. Isma`il likewise.
and
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4 – And from `Ali b. Ibrahim from Muhammad b. `Isa from Yunus from Muhammad b. al-Fudayl. He said: I asked Abu ‘l-Hasan Úáíå ÇáÓáÇã about the beautiful dissolute woman, is it beloved [is it permissible – in al-Kafi] for the man to do mut`a with her for a day or more? So he said: If she is famous with fornication, then do not do mut`a with her and do not marry her.
When you have an apparent contradiction like that on the surface at least in the akhbar (some saying you can do something, some saying don't do it), a common way of reconciling it is to say the act is permissible but makrooh, so perhaps that is why some fuqaha have ruled this way on this issue.
Precaution however, which some other fuqaha have ruled by, would tell you to stay away from it, and of course precaution is the safest path to take here. Committing zina is extremely serious, and one does not want even if by accident to be engaging in it.
I'm pretty positive they are translating makrooh here as "reprehensible". If they thought it was haram, they'd clearly say it is haram, not permissible, or what have you. It's just the way jurists write these responses. So maybe one would say he would appear to be trying to discourage it stating it's being makrooh, still, what is being said implicitly is that it is still ja'iz none the less.
Now... all that being said, there's the whole other issue in regards to the permissibility of marrying non-Muslim women period. And for that there has been a lot of varying views, ranging from totally haram (even in mut`a) to permissible (even permanently). And the discussion on that brings in a whole host of other proofs and arguments from the Quran and ahadith.
I don't live in the UK, and I doubt it's all that easy to contract, but I think it'd be an exaggeration to say it's impossible (or almost impossible). And even if mut`a were "impossible", there is still permanent marriage of course.
I realize this isn't answering your question, but how in the world is going with a prostitute the "only" way to stop doing the haram? Self control while it might not be pleasant is not impossible. And if someone is that desperate they go with a prostitute to save themselves from the haram, what will they do once their desires come back (as they will) after they've had their initial satisfaction? Keep going back to hookers? Is that the type of life one wants to live?

Actually, that would be saying it's makrooh (i.e. not haram).

imagine a picture:married shia man with kids , has sex every day with new prostitute through excort agency.of course, he considers this totally islamic because these excorts are his wives in mutah marriage,he does not need to tell anything to his wife.Open up your eyes ,its not Islam but it is worst form of zinah because people who engage in it, do so in the name of Allah.Don't transgress Allah's laws,Allah knows everything.True Isla, can be like this when a muslim man can have sex with endless number of prostitutes.

**hasanhh** · February 27, 2011

If a man is unable to find a muslim female for mutah, can the man do mutah with prostitute/escort (non muslim), is this halal or would it be classed as fornification and be wrong?

Assalamallikum

Besides those points made above, I'll add another one: Prostitute means adultry or fornicator depending on whether the customer is or is not married, and homosexual if the customer is of the same sex.

I always maintain that a prostitute is an adultress and should be executed as such when you get a good conviction from a proper trial.

siraatoaliyinhaqqun · February 27, 2011

imagine a picture:married shia man with kids , has sex every day with new prostitute through excort agency.of course, he considers this totally islamic because these excorts are his wives in mutah marriage,he does not need to tell anything to his wife.Open up your eyes ,its not Islam but it is worst form of zinah because people who engage in it, do so in the name of Allah.Don't transgress Allah's laws,Allah knows everything.True Isla, can be like this when a muslim man can have sex with endless number of prostitutes.

Salam

I understand ur frustration but the problem is neither is Islam anyone's playground nor there is any weight for a fallible opinion.

The purpose of mutah/or permanent marriage with a prostitute is mentioned below.

Imams Úáíåã ÇáÓáÇã have said: Marry the dissolute woman for verily you take her out from a haram to a halal.

So what do u do is look in to the chapter of iddah. Even if someone does zinah with a women and later wishes to marry her then she has to observe iddah as stated by imam reza asws to mamoon l.a.

Marriage to prostitute who is famous for prostitution is when she should become famous for thauba as she was famous for fornication as per a hadees from imam Sadiq asws.

So, a momin should look in to iddah for mutah/nikah before and after mutah with a prostitute so as to achieve the purpose rather than making it makruh or haram through his opinion. Ulemas won't do this for us; we should do it ourselves.

Ya Ali Madad

Ali-Mohammed · March 2, 2011

As Salamu...

Why not a mariage akhi ? Why ?

Livindesert · March 15, 2011

This whole "temporary marriage" looks like an cultural(not religious) excuse to have out of wedlock sex. If you "marry" someone for an hour or a week just for sex it is not really a marriage. God knows the heart and will see through this false marriage facade.

Sunni/salafi/wahabi junk is meaningless for us. Mutah is for MEN, not henpeck effeminates.

Real men have self control and can save themselves for their wives.

Edited March 15, 2011 by Livindesert

akf · March 15, 2011

This whole "temporary marriage" looks like an cultural(not religious) excuse to have out of wedlock sex. If you "marry" someone for an hour or a week just for sex it is not really a marriage. God knows the heart and will see through this false marriage facade.

And what exactly is the difference between intercourse intra or extramaritally? There is no difference between the act itself except that God has allowed one and forbidden the other. In the same way, temporary marriage has been made halal by God and it's not for us to decide what is or isn't a "true" marriage.

Livindesert · March 15, 2011

And what exactly is the difference between intercourse intra or extramaritally? There is no difference between the act itself except that God has allowed one and forbidden the other. In the same way, temporary marriage has been made halal by God and it's not for us to decide what is or isn't a "true" marriage.

Would you allow your mother, sister or daughter to get a divorce from their husbands and perform mutah with different men every day or every hour?

Edited March 15, 2011 by Livindesert

B-nCaesar · March 15, 2011

Would you allow your mother, sister or daughter to get a divorce from their husbands and perform mutah with different men every day or every hour?

not sure if bahaii

Livindesert · March 15, 2011

not sure if bahaii

Could you use different words I do not understand your sentence.

Fatima Hussain · March 16, 2011

Would you allow your mother, sister or daughter to get a divorce from their husbands and perform mutah with different men every day or every hour?

There's a six month waiting period for the woman after divorce or end of a marriage to make she is not with child. She cannot get married again until this waiting period is over.

Mutah marriage can used for beneficial things. Example: getting to know your fiancée without always having a mahram around or spending time with a person to decide if you want to have a permanently marry them. Since there is no dating in Islam and no free mixing between sexes...AND you must have enough money to pay for the expenses of the wife, nikah mutah is necessary, and in today's world. Often times people have natural urges, but cannot get married permanently due to certain circumstances. They must have a halal outlet so they don't fall into the haram.

gogiison2 · March 16, 2011

from the book Temporary Marriage in Islamic Law:

It is recommended that a Muslim man conclude a temporary marriage only with a chaste

Muslim woman. Here by 'chaste' (afifa) the classical authors have in mind someone who has

never committed fornication and who follows the shari'a in her activities. More specifically,

the adjective denotes a woman who has observed the shar'i laws concerning marriage and in

general is honest and upright. The two attributes 'Muslim' and 'chaste' are derived from

sayings by two of the Imams: the Imam al-Rida was asked: 'Is it possible for a man to

conclude a temporary marriage with a Jew or a Christian?' He answered: 'I would prefer that

he engage in mut'a with a free Muslim woman.' [22] To a question about performing mut'a,

the Imam Ja'far replied: 'It is permissible. So marry none but a chaste woman, for God says, "

And those who guard their private parts" (23:5). Hence you should not put your private parts

where you do not feel safe with your dirhams.' [23]

also:

It is reprehensible for a man to conclude a marriage of mut'a with a fornicatress, by reason of

the Qur'anic verse: 'The fornicator shall marry not but a fornicatress or an idolatress, and the

fornicatress-none shall marry her but a fornicator or an idolator; that is forbidden to the

believers' (24:3). If a man should contract a temporary marriage with a fornicatress, it is his

duty to command her not to perform adultery. But this is not a necessary condition of the

marriage, by reason of the 'principle of correctness' as applied to the Muslim's act. [28]

Edited March 16, 2011 by gogiison2

Livindesert · March 16, 2011

There's a six month waiting period for the woman after divorce or end of a marriage to make she is not with child. She cannot get married again until this waiting period is over.
Mutah marriage can used for beneficial things. Example: getting to know your fiancée without always having a mahram around or spending time with a person to decide if you want to have a permanently marry them. Since there is no dating in Islam and no free mixing between sexes...AND you must have enough money to pay for the expenses of the wife, nikah mutah is necessary, and in today's world. Often times people have natural urges, but cannot get married permanently due to certain circumstances. They must have a halal outlet so they don't fall into the haram.

Taking a possible wife for a test drive seems Haram to me. This is one idea that I do not see as coming from God.

Fatima Hussain · March 16, 2011

Taking a possible wife for a test drive seems Haram to me. This is one idea that I do not see as coming from God.

Oh my God, test drive? I didn't mean they would have sex or anything like that!! I mean getting to know each other!

B-nCaesar · March 16, 2011

Taking a possible wife for a test drive seems Haram to me. This is one idea that I do not see as coming from God.

you don't sound bahaai.

bahai people don't care about such petty matters.

Livindesert · March 16, 2011

you don't sound bahaai.
bahai people don't care about such petty matters.

I am definitely not your average Baha'i. ;)

I was just extremely surprised the other day when I learned from Shia chat about temporary marriage. I just can't imagine pious Muslims doing something like that.

Oh my God, test drive? I didn't mean they would have sex or anything like that!! I mean getting to know each other!

I thought you meant sex. Getting to know each other without sex would be o.k.

B-nCaesar · March 16, 2011

I am definitely not your average Baha'i. ;)
I was just extremely surprised the other day when I learned from Shia chat about temporary marriage. I just can't imagine pious Muslims doing something like that.

What is marriage anyway? Define it. It is a relationship between two people. It can be romantic as well as sexual.

What is temporary marriage? Same as above.

I don't see any difference.

I wonder what you make of bf-gf relationships that are so rampant nowadays?

Livindesert · March 16, 2011

What is marriage anyway? Define it. It is a relationship between two people. It can be romantic as well as sexual.
What is temporary marriage? Same as above.
I don't see any difference.
I wonder what you make of bf-gf relationships that are so rampant nowadays?

A marriage and intercourse are about starting a family. That is what God designed them for.

akf · March 16, 2011

A marriage and intercourse are about starting a family. That is what God designed them for.

However, in Islam we believe that you can't have a relationship outside of marriage and therefore we have this thing called temporary marriage which can be used in a situation where a permanent marriage is impossible. It was originally allowed during the time of the Prophet (pbuh) when the Muslims were at war and far away from their wives. So they asked the Prophet about what they should do to control their desires without fornicating or having to castrate themselves and thus temporary marriage was allowed.

Livindesert · March 17, 2011

However, in Islam we believe that you can't have a relationship outside of marriage and therefore we have this thing called temporary marriage which can be used in a situation where a permanent marriage is impossible. It was originally allowed during the time of the Prophet (pbuh) when the Muslims were at war and far away from their wives. So they asked the Prophet about what they should do to control their desires without fornicating or having to castrate themselves and thus temporary marriage was allowed.

Indeed you cannot have sex outside of marriage.They could have just waited till they came back to their wives it shows they have a lack of self control. Where is this recorded about the Prophet saying this?Where in the Quran dose God allow this?

Edited March 17, 2011 by Livindesert

akf · March 17, 2011

Indeed you cannot have sex outside of marriage.They could have just waited till they came back to their wives it shows they have a lack of self control. Where is this recorded about the Prophet saying this?

Waited? We're talking about weeks and months here not days. Some men are not able to control themselves so what are they supposed to do?

I don't have the reference for that so I hope someone can get it.

Livindesert · March 17, 2011

Waited? We're talking about weeks and months here not days. Some men are not able to control themselves so what are they supposed to do?
I don't have the reference for that so I hope someone can get it.

I have been away from my wife for a year on one occasion and six months another. I had no problem keeping chaste till I came home.

satyaban · March 17, 2011

When you you consider Islamic law mutah it is not an outrage. For instance a woman can not be out in public without accompaniment which can be an impediment to finding a husband. However they can engage in mutah, be together and get to know each other without engaging in sexual intercourse. That is only one example.

Livindesert · March 17, 2011

I have been away from my wife for a year on one occasion and six months another. I had no problem keeping chaste till I came home.

Anyways I am interested in seeing the source material for this practice to make sure I am looking at things from a less biased perspective.

Gepetto_Zapata · March 17, 2011

Taking a possible wife for a test drive seems Haram to me. This is one idea that I do not see as coming from God.

No, the conditions should be just talking to get to know each other, no sex involved, heck not even touching if those are the conditions. In front of her mahrams even. A temporary marriage in these kinds of cases are just for the sake of getting to know more about one another and if yes she/he will make a good life companion... The conditions should be set by the father or guardian... Agreed to the contract & conditions, ok good. Doesn't agree, bye-bye to him...

So no test drive in Shi'aa islam bro... That's just junk you hear from idiots.

(salam)

I have been away from my wife for a year on one occasion and six months another. I had no problem keeping chaste till I came home.

That's good... Excellent actually, but it doesn't mean temporary marriage is haraam.

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