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In the Name of God بسم الله

Mutah with no intercourse

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Yes, this condition is allowed. 

No, not without permission. If you've never been married before, you will need your father's permission for marriage, regardless of imposed conditions.

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41 minutes ago, notme said:

Yes, this condition is allowed. 

No, not without permission. If you've never been married before, you will need your father's permission for marriage, regardless of imposed conditions.

A question 

what if the girl’s parents are dead or what if they dont care about the girl at all?

i mean there are parents who just beat their children and don’t care about the consequences 

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7 hours ago, Natsu said:

A question 

what if the girl’s parents are dead or what if they dont care about the girl at all?

i mean there are parents who just beat their children and don’t care about the consequences 

That's not relevant here, however, in case someone who is reading this is a virgin orphan, I'll answer.  Her guardian should be asked for marriage permission.  If she has no guardian she can decide for herself.  

As for parents who beat their children, if she is still in their custody, they should be asked for permission.

As for parents who don't care about the consequences of mutah, the man needs to ask their permission anyway.  If they don't care, he can be pretty certain they'll give the answer he wants to hear.

However, if the parents reject a suitable suitor for un-Islamic reasons, she can ask a local trusted aalim to intervene with her parents on her behalf, or even in extreme cases, elope.  Parents are not allowed to oppress their children and need to consider what the child wants and needs, not only what the parent wants or needs.

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 It depends on your marja'. According to most contemporary maraji' (including Sistani, Khamenei, Makarem Shirazi, Sadiq Shirazi, and others) a virgin girl requires her guardian's permission to marry. While Sadiq Rohani and Ja'far Subhani  do not require a virgin girl to obtain her guardian's permission provided that she is baligha rashida. 

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  • 1 year later...
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I thought this was an interesting topic. Aside from what the OP was asking about, what are the issues around this, because it's possible it may be useful in all sorts of social, medical and health situations, e.g. nursing care for the elderly etc. Or is that not the case?

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Mutah with conditions, such as no sexual touch or just no intercourse, can be very hard to follow.

Because Mutah is basically marriage, how would you feel your future wife says, "marry me but don't have pleasure from me".

I guess why you want to do mutah with condition is because you want a halal way to know a person but without having obligation to be sexual to each other.

But things can go south pretty quick, so never be alone in the room even if it's mutah with condition. Should always be in public place during day time. Thats my suggestion. But again I am not an expert on this.

Unfortunately I don't know the fiqs behind this, since mutah is marriage and in marriage you can't really have a condition that says no to sex right? so how does future to be husband and wife get to know each other in halal way, where they can talk privately with each other without being afraid of doing something haram or going over the limits.

anyone who knows more?

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Sayed Sistani:

2432. If a woman with whom temporary marriage is contracted, makes a condition that her husband will not have sexual intercourse with her, the marriage as well as the condition imposed by her will be valid, and the husband can then derive only other pleasures from her. However, if she agrees to sexual intercourse later, her husband can have sexual intercourse with her, and this rule applies to permanent marriage as well.

12 hours ago, AkhiraisReal said:

you can't really have a condition that says no to sex right?

The above answers your question. 

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Guest Anonymous female

Salam

I’m a follower of Aqa e Sistani

I want to know whether I can do mutah with my fiancé (he lives overseas we can’t have online Nikaah due to some issues) and we also have some intimate talks despite of avoiding it to our best (we tried so much to avoid these intimate convo but have no results), so for avoiding sins, can we both do mutah without my father’s permission  though I’m financially dependent on him.

‘Cause these intimate conversations would carry on without mutah too. Both of us really want to avoid sins kindly reply ASAP.

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On 6/10/2021 at 12:04 AM, Guest Anonymous female said:

Salam

I’m a follower of Aqa e Sistani

I want to know whether I can do mutah with my fiancé (he lives overseas we can’t have online Nikaah due to some issues) and we also have some intimate talks despite of avoiding it to our best (we tried so much to avoid these intimate convo but have no results), so for avoiding sins, can we both do mutah without my father’s permission  though I’m financially dependent on him.

‘Cause these intimate conversations would carry on without mutah too. Both of us really want to avoid sins kindly reply ASAP.

Anyone? I am in almost an identical situation...

Thanks

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Guest Guest1

https://www.sistani.org/english/qa/01245/

Question: If a woman is over thirty years of age, and still virgin, is it necessary for her to seek the permission of her guardian for marriage?

Answer: If she is not independent, it is obligatory on her to seek his consent. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.
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On 9/8/2019 at 6:55 AM, Anonymous-Male said:

Sayed Sistani:

2432. If a woman with whom temporary marriage is contracted, makes a condition that her husband will not have sexual intercourse with her, the marriage as well as the condition imposed by her will be valid, and the husband can then derive only other pleasures from her. However, if she agrees to sexual intercourse later, her husband can have sexual intercourse with her, and this rule applies to permanent marriage as well.

The above answers your question. 

I am not aware that a permenant marriage , zawaj tul nikah, can be contracted with a rule of no intercourse. I have never heard of this before. I checked the link on the website of Sayyid Sistani for this

https://www.sistani.org/english/book/48/2334/

and the link seems to be valid, but I have read other fatawa that said that 'no intercourse' isn't a valid condition for permenant marriage. If someone could find the Arabic and post. I think this is a mistranslation. 

It contradicts this fatwa, also from Sayyid Sistani

https://www.sistani.org/english/book/48/2333/

Ruling 2430. It is unlawful for a woman in a permanent marriage to leave the house without the permission of her husband even if this does not infringe on his rights, except in the following cases: [i] a necessity requires her to; [ii] staying in the house causes her hardship (ḥaraj); [iii] the house is not appropriate for her. Also, she must submit to giving her husband sexual pleasure, which is his right, whenever he wishes. She must also not prevent him from having sexual intercourse with her without a legitimate excuse (ʿudhr). It is obligatory on a husband to provide his wife with food, clothing, housing, and other things that she needs. If he does not provide these for her, irrespective of whether he is able to or not, he will be indebted to her. Furthermore, one of the rights of a wife is that her husband must not subject her to harassment or abuse, and he must not treat her in a harsh or rough manner without a legitimate reason.

 

The fatwa specifically says 'cannot prevent him from having sexual intercourse' ? So how could there be a condition 'no sexual intercourse' and at the same time she cant prevent him from having 'sexual intercourse' (without a legitimate excuse) ? Unless this stipulation in the contract 'is' the legitimate excuse, but this is not listed as a 'legitimate excuse' by any ruling I have ever seen. 

Edited by Abu Hadi
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I understand your point of view.

But another point is that both mutah and nikah are marriages. If a woman can stipulate that she will not (ever) have sexual intercourse in Mutah, can she also not stipulate the same in Nikah? 

Theoretically, suppose a man and a woman enter Mutah for 100 years duration and the condition is no sexual intercourse. This would be Islamically valid.

So...can the same not be applicable to nikah which is a permanent marriage but will not last a 100 years? 

Can a woman put a condition in nikah that she will not have intercourse for a set duration...for example, the first month...or one year...or first five years? 

If the man accepts this condition, is there Islamically any problem... because after-all it is not obligatory for a couple to have sexual relations in nikah. The question only is that if a woman puts this condition at the start of nikah that she will never have sexual relations and the man accepts this condition and they get married....and a few years later, the husband demands sexual relations.....who will be justified then ?....the woman who is refusing (as stated in the contract which the man had accepted)...or the husband ? 

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3 hours ago, Anonymous-Male said:

But another point is that both mutah and nikah are marriages. If a woman can stipulate that she will not (ever) have sexual intercourse in Mutah, can she also not stipulate the same in Nikah?

My understanding has been that mutah can be arranged for a variety of reasons where the rules around marram/non-mahram would be difficult to maintain, for example if two people are travelling together. Also some people use mutah as a means of enabling talking between prospective spouses. 

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On 5/21/2022 at 11:26 AM, Guest Guest1 said:

https://www.sistani.org/english/qa/01245/

Question: If a woman is over thirty years of age, and still virgin, is it necessary for her to seek the permission of her guardian for marriage?

Answer: If she is not independent, it is obligatory on her to seek his consent. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.

Hmm... I wonder if a girl has been intimate with someone before marriage, and is no longer a virgin, but this was kept secret and she repented, must she still get her father's permission?

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On 5/22/2022 at 11:22 PM, Anonymous-Male said:

I understand your point of view.

But another point is that both mutah and nikah are marriages. If a woman can stipulate that she will not (ever) have sexual intercourse in Mutah, can she also not stipulate the same in Nikah? 

Theoretically, suppose a man and a woman enter Mutah for 100 years duration and the condition is no sexual intercourse. This would be Islamically valid.

So...can the same not be applicable to nikah which is a permanent marriage but will not last a 100 years? 

Can a woman put a condition in nikah that she will not have intercourse for a set duration...for example, the first month...or one year...or first five years? 

If the man accepts this condition, is there Islamically any problem... because after-all it is not obligatory for a couple to have sexual relations in nikah. The question only is that if a woman puts this condition at the start of nikah that she will never have sexual relations and the man accepts this condition and they get married....and a few years later, the husband demands sexual relations.....who will be justified then ?....the woman who is refusing (as stated in the contract which the man had accepted)...or the husband ? 

The 'No sex' clause in Mutah contracts is (in the real world) for only two reasons 

1. This is not a marriage relationship but a relationship to make the lady mahram in the case where the two have to be alone together, travel together, etc, for business or some other reason. 

2. The intention is marriage, but permenant marriage (zawaj tul nikha). So the spouses are in the Mutah relationship to get to know each other before permenant marriage. In case where the relationship doesn't work out, the lady doesn't want to lose her virginity as this might damage her reputation in the future. 

Other than those two reason, I've never actually heard of the 'No sex' clause being used in any other way

So these two conditions don't apply to permenant marriage, zawaj tul Nikah. First, noone enters into Zawaj tul Nikah to make someone mahram for them for reasons other than marriage and making a family. That would make no sense, since they would have to divorce at the end, and noone gets married with the intention of divorce (I should say no sane person). Second, noone goes into permenant marriage with the goal of another type of marriage since this type of marriage is the goal. 

So if this condition were valid, that would mean that the man would have to abide by the contract. That would mean no sexual relations, possibly for the rest of his life. I don't think any man would agree to that unless there was some intervening condition, like he is asexual, i.e. has no need for sexual intercourse because of a health problem or something else. In this case, it is highly doubtful that he would seek out marriage in the first place. 

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