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rizvi123

Permanant nikah after temporary marriage

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Salam-o-alikum

Is it permissible to do permanant nikah while the couple is in mutah?

For example if the contract stipulates that the marriage will end on January 2017, and you

decide to do permanant marriage in November 2016. Does this make the permanant marriage void?

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salam alaykum. yes they can but there is a condition that is: the husband should forbear the remaining time of the Mutah, after that he can  marry her in the way of permanent marriage and if he doesn't pardon the remaining time, he can marry her again. 

Edited by alabegh

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Thank you for your answer.

Can you please clarify the last part of your answer: "if he doesn't pardon the remaining time, he can marry her again. "

Does this mean that if he doesn't pardon the remaining time he can or he cannot  marry her?

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Dear brother -

A. There is no talaq (divorce) in muta. The only two ways a muta ends is either the agreed upon duration of muta ends OR the man returns the remaining time in the muta duration back to the woman. 

B. A man and woman can not do a nikah over a nikah even with each other. So you both can not stipulate another contract of nikah-da'em while you both already are in the contract of nikah-muta.

You will need to do one of the two things below. Option B is what you need to end the muta right away.

A. Wait until the time of muta nikah is over, like Jan. 2017. Once its over, you both are eligible to do another nikah-muta or nikah-da'em immediately. Since its the same woman who you did muta with, there is no need for idda. Had she decided to marry someone else other than you (man), she would have to observe idda of two months.

B. OR you as a man make a niyaa to give her time back, so you give her roughly 6 and 1/2 months back; say from now, that is June 11, 2016 to Jan. 1st, 2017 while she knows it. Once that is done, the contract is over immediately and she become non-mahram for you and hijab is wajib between the two of you. Now you both are free to contract another nikah with each other as soon as you as a man ended the muta contract. Again no idda is needed because its the same man and woman. Had she decided to marry someone else other than you (man), she would have to observe idda of two months.

Note:

A. I hope you used the right time duration. January 2017 doesn't mean anything because it has 31 days or 744 hours. I hope you both had decided something like "until x date & time to 1st of Jan. 2017 12pm UK time".  

B. Sorry to say this but its disappointing that those who contract muta-nikah do, without knowing the rules of it. Ignorance can easily throw people in the pit of zana.

 

 

Edited by Irfani313

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We decided to end the marriage at the end of 31st of January 2017 midnight.

Can I make this niyyah that you mentioned in (B) on the 1st of October ? 

Edited by rizvi123

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One more question regarding this issue. Can we change the time period of the marriage? Instead

of ending it in January we end it on October 1st midnight ie before the month we intend to do permanant marriage.

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12 hours ago, rizvi123 said:

Thank you for your answer.

Can you please clarify the last part of your answer: "if he doesn't pardon the remaining time, he can marry her again. "

Does this mean that if he doesn't pardon the remaining time he can or he cannot  marry her?

sorry it was my fault. he can't if he doesn't pardon the remaining time

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@rizvi123 Brother you can not change the time now after it has been decided at nikah time to be Jan. 31st midnight.

Yes, you can on 1st of Oct. 2016 make a niya that "I rizvi123 am giving her remaining time back" and tell her immediately that from that moment on she is non-mahram for you so hijab becomes wajib for both of you. 

Then on the 2nd of Oct. 2016 you both can either marry in a permanent nikah or can marry into another timed nikah, whatever pleases you both.

But say on Oct. 2, 2016 she wants to marry some other man, then she will have to do iddah of 2 months before marrying him.

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