Validity Of Mutah? Confused

[seekingadvice]

Salam

I am in the taqleed of Ayatullah Sayeed Al-Hakim and he allows Mutah with a virgin girl without the permission of the father(provided that they dont have sexual intercourse). According to him all other acts of physical love are allowed as long as you don't have intercourse.

 

I am 22 and did mutah with a shia girl whom I plan to marry in the future. She is in the taqleed of Ayatullah Sistani who doesnt allow mutah without fathers permission. Please note it is impossible to get her fathers permission or even ask him as he is very strict and would end up forcing her to marry someone else if he was asked for permission. 

I read on this forum that the mutah is allowed since one of the wedding partner's marja allows it. 

 

I have been involved in physical relation with her since we entered the mutah contract, however, we haven't had intercourse. 

 

For some reason, I have started pondering and I am having doubts again about the validity of my mutah contract. 

If someone could provide a reliable source which could justify the validity of my mutah would make me peaceful again.

 

I am posting here in the hope that I would get an answer sooner rather than later. It is very difficult to reach my Marja since I live in Pakistan and the only way I can contact his office is through email. It takes them 3-4 months to reply. 

 

Request: I have recently graduated and I am looking for a job. Please pray that I get a decent job soon InshaAllah so that I can send a marriage proposal and get into a permanent marriage contract with her as soon as possible. Her father is very strict so I really need other momineens prayers. 

 

I will be waiting for your response. Please help.

 

JazakAllah

[awaiting_for_the.12th]

Salam Alikum,

Is it possible for you to post Aya. Al-Hakim fatwa of what you claim. This seems like one of the MOST flexible rulings I have ever read and thats why I believe that you might be interpreting  it wrong. 

Sukran

Edited July 28, 2013 by awaiting_for_the.12th

[El Cid]

What's done is done, my friend.

Edited July 28, 2013 by El Cid

[monad]

 

I have been involved in physical relation with her since we entered the mutah contract, however, we haven't had intercourse.

I assume he means real life and not virtual dating.

[Haydar Husayn]

Salam

I am in the taqleed of Ayatullah Sayeed Al-Hakim and he allows Mutah with a virgin girl without the permission of the father(provided that they dont have sexual intercourse). According to him all other acts of physical love are allowed as long as you don't have intercourse.

 

I am 22 and did mutah with a shia girl whom I plan to marry in the future. She is in the taqleed of Ayatullah Sistani who doesnt allow mutah without fathers permission. Please note it is impossible to get her fathers permission or even ask him as he is very strict and would end up forcing her to marry someone else if he was asked for permission. 

I read on this forum that the mutah is allowed since one of the wedding partner's marja allows it. 

 

I have been involved in physical relation with her since we entered the mutah contract, however, we haven't had intercourse. 

 

For some reason, I have started pondering and I am having doubts again about the validity of my mutah contract. 

If someone could provide a reliable source which could justify the validity of my mutah would make me peaceful again.

 

I am posting here in the hope that I would get an answer sooner rather than later. It is very difficult to reach my Marja since I live in Pakistan and the only way I can contact his office is through email. It takes them 3-4 months to reply. 

 

Request: I have recently graduated and I am looking for a job. Please pray that I get a decent job soon InshaAllah so that I can send a marriage proposal and get into a permanent marriage contract with her as soon as possible. Her father is very strict so I really need other momineens prayers. 

 

I will be waiting for your response. Please help.

 

JazakAllah

 

As far as I know, Sayyid Sistani only prohibits temporary marriage without the father's permission out of obligatory precaution, and in such cases, it is permissible to take the fatwa of another learned scholar who gives a definitive ruling (i.e. without any obligatory precaution). So this girl could take the ruling of someone who does allow mutah without the father's permission such as Sayyid al-Hakeem or Sayyid Rohani.

 

In any case, I doubt anyone is going to hell for doing something that is allowed by several major scholars, and only prohibited out of obligatory precaution by most others. Not to mention that there are reliable ahadith allowing it. At the end of the day, a marriage contact was still pronounced, so it's not like it was zina.

 

 

Salam Alikum,

Is it possible for you to post Aya. Al-Hakim fatwa of what you claim. This seems like one of the MOST flexible rulings I have ever read and thats why I believe that you might be interpreting  it wrong. 

Sukran

 

Actually, the most flexible ruling on this issue is that it is allowed to consummate a temporary marriage without the permission of the father. This is the ruling of for example Sayyid Rohani.

 

As for the ruling for Sayyid al-Hakeem, here it is:

 

Q [22]  If a virgin girl enters into temporary marriage contract with someone without the permission of her father then, is it valid in the eyes of God?

 

The temporary marriage contract is correct without the permission of the father but it is not permissible to have sexual intercourse without the said permission.

 

http://english.alhakeem.com/pages/quesans/listgroup_ques.php?numpage=3&Where=98

[Waiting for HIM]

Salam,

Here's a contradictory fatwa from Sayed Al Hakim (at least it appeared to me that way).

Q [20]  Is it eligible to do temporary marriage with a Muslim girl who is responsible for her self but she lives with her parents. She is 20 years old but she is still virgin?

http://english.alhakeem.com/img/answ.gifIt is unlawful to get temporarily married and have intercourse with a virgin except with the permission of her father or parental grandfather.
If both of them are dead or can not be reached to seek their permission then she is in charge of herself.

Its on the page#2 of the link Brother HH posted above:

http://english.alhakeem.com/pages/quesans/listgroup_ques.php?numpage=2&Where=98

[Haydar Husayn]

On 7/28/2013 at 3:28 PM, Waiting for HIM said:

Salam,

Here's a contradictory fatwa from Sayed Al Hakim (at least it appeared to me that way).

Q [20]  Is it eligible to do temporary marriage with a Muslim girl who is responsible for her self but she lives with her parents. She is 20 years old but she is still virgin?

http://english.alhakeem.com/img/answ.gifIt is unlawful to get temporarily married and have intercourse with a virgin except with the permission of her father or parental grandfather.

If both of them are dead or can not be reached to seek their permission then she is in charge of herself.

Its on the page#2 of the link Brother HH posted above:

http://english.alhakeem.com/pages/quesans/listgroup_ques.php?numpage=2&Where=98

There is no contradiction. What he is saying is that it is not permissible to have intercourse in a temporary marriage without the permission of the wali. In the other fatwas, he makes clear that temporary marriage is allowed without their permission as long as there is no intercourse.

[seekingadvice]

Salam Alikum,

Is it possible for you to post Aya. Al-Hakim fatwa of what you claim. This seems like one of the MOST flexible rulings I have ever read and thats why I believe that you might be interpreting  it wrong. 

Sukran

Wassalam

As for the ruling for Sayyid al-Hakeem, here it is:

 

Q [22]  If a virgin girl enters into temporary marriage contract with someone without the permission of her father then, is it valid in the eyes of God?

 

 The temporary marriage contract is correct without the permission of the father but it is not permissible to have sexual intercourse without the said permission.

 

http://english.alhak...page=3&Where=98

 

 

I don't think I have misinterpreted it.

[ahlulkhibra]

is there any proof from sayyed rohanis website that he allows temporary marriage with a virgin woman without the necessity to ask for permission from wali?

[Guest Mahdi]

On 5/17/2016 at 10:42 AM, ahlulkhibra said:

is there any proof from sayyed rohanis website that he allows temporary marriage with a virgin woman without the necessity to ask for permission from wali?

I would also be interested in knowing. If someone find it could you please post the copy and paste the ruling or link. Thanks in advance. Lets say another marja3 allows the same type of fatwa other then sayed Rohani, please share that as well.

[Abu Hadi]

http://www.wabil.com/browse_categories.php?limit=30&cid=128&page=9

Look for Question ID 1821 on this page. 

Both Sayyid Sistani and the late Sayyid Fadlallah((رضي الله عنه)) both say that permission in this case in Ihtiyat Wujubiyyat, meaning they have not reached the level of certainty where they can say it's absolutely wajib in all cases, so you can follow another marjaa for this issue. In the real world, it's very much preferable to get the permission of the father, and not doing so may put the girl in an extremely bad situation vis a via her father and her family. So brothers and sisters need to use their better judgement and consider all the factors and possibilities in regards to this. A fatwa alone without using common sense and judgement will not help you most of the time. 

At the same time, there are many cases, and especially nowdays where there are many fathers who act as a jailer for their daughters without having the slightest consideration as to her feelings, thoughts, and plans for the future. So if the father is acting in this way, it is very possible that following the fatwa of Sayyid Rohani would be acceptable. There are too many factors involved for a marjaa to be able to give a fatwa for all situations. The marjaa depends on the brothers and sisters to use their aql along with the fatawa to arrive at the correct course of action. 

Edited June 26, 2022 by Abu Hadi