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In the Name of God بسم الله

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Just wanted to ask a fiqh question on mut'a. Is it allowed for a non-virgin girl to have mut'a with a married man and have intercourse secretly (without anyone knowing). I see problems in this because if someone finds out about this, they could assume that they are committing haram. I understand that in Shia fiqh there is no wali required for non-virgins (i think) and I know that witnesses are also not required for marriage. However is there a ruling were it states that the relationship cannot be secretive?

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1 hour ago, Follower of Ahlulbayt said:

Just wanted to ask a fiqh question on mut'a. Is it allowed for a non-virgin girl to have mut'a with a married man and have intercourse secretly (without anyone knowing). I see problems in this because if someone finds out about this, they could assume that they are committing haram. I understand that in Shia fiqh there is no wali required for non-virgins (i think) and I know that witnesses are also not required for marriage. However is there a ruling were it states that the relationship cannot be secretive?

correct, you don't have to announce it.

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2 hours ago, Follower of Ahlulbayt said:

Just wanted to ask a fiqh question on mut'a. Is it allowed for a non-virgin girl to have mut'a with a married man and have intercourse secretly (without anyone knowing). I see problems in this because if someone finds out about this, they could assume that they are committing haram. I understand that in Shia fiqh there is no wali required for non-virgins (i think) and I know that witnesses are also not required for marriage. However is there a ruling were it states that the relationship cannot be secretive?

Well announcing it would not be smart for that very reason, but to assume a mu'min is committing a sin is incredibly dangerous, therefore other believers should give the benefit of the doubt.

To answer your question, it isn't wajib to announce it. However, this married man cannot, as per obligatory precaution, do a mut'ah with a non-Muslim lady EVEN if his Muslim wife allows it, according to Sayyed Al-Sistani. Therefore his only choice is to secretly do a mut'ah with another Muslim lady.

Edited by Sumerian

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There is also the chance of pregnancy, something to keep in mind.

17 hours ago, Sumerian said:

However, this married man cannot, as per obligatory precaution, do a mut'ah with a non-Muslim lady EVEN if his Muslim wife allows it, according to Sayyed Al-Sistani.

This is the first time I hear that, could you link the fatwa?

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3 hours ago, Follower of Ahlulbayt said:

Just wanted to ask a fiqh question on mut'a. Is it allowed for a non-virgin girl to have mut'a with a married man and have intercourse secretly (without anyone knowing). I see problems in this because if someone finds out about this, they could assume that they are committing haram. I understand that in Shia fiqh there is no wali required for non-virgins (i think) and I know that witnesses are also not required for marriage. However is there a ruling were it states that the relationship cannot be secretive?

Is he afraid of his wife? if you are doing legit thing why do you want to hide? When people they get married they do announce and let other people know so they could participate in their happiness and give them good wishes. However, why people wanna hide mutah? 

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2 hours ago, IbnSina said:

This is the first time I hear that, could you link the fatwa?

حكم زواج المسلم باليهودية أو المسيحية

لا يجوزللمسلم المتزوج من مسلمة ، التزوج ثانية من الكتابية كاليهودية والمسيحية من دون إذن زوجته المسلمة ، والأحوط وجوباً ترك التزوج بها ولو مؤقتاً ، وإن أذنت به الزوجة المسلمة ، ولا يختلف الحكم في ذلك بين وجود الزوجة معه وعدمه

https://www.sistani.org/arabic/book/17/964/

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396. A Muslim man who is married to a Muslim woman is not allowed, in his concurrent second marriage, to marry an Ahlul Kitab woman, i.e. a Jew or a Christian, without asking the consent of his Muslim wife. Based on obligatory precaution, the man should refrain from marrying her, even it is temporary and his Muslim wife consents to it. Whether or not the Muslim wife lives with him is irrelevant.

https://www.al-islam.org/a-code-of-practice-for-muslims-in-the-west-ayatullah-sistani/marriage

@IbnSina

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7 hours ago, Sumerian said:

To answer your question, it isn't wajib to announce it. However, this married man cannot, as per obligatory precaution, do a mut'ah with a non-Muslim lady EVEN if his Muslim wife allows it, according to Sayyed Al-Sistani. Therefore his only choice is to secretly do a mut'ah with another Muslim lady.

Ok now we have established that you don't have to announce it, I would like to respond to those who say "this is not moral and not from islam".

During the time of the prophet and afterwards, there used to be wars. Now, after the wars, the Muslims men were allowed to take the slaves and have sexual intercourse with them, without marriage. No marriage means no marriage contract, no dowry and no witnesses. Then, if the slave did not become pregnant, she could have been sold to someone else. And you did not have to inform anyone about this (as no witnesses are required). So for those that say Mut'a is not moral, they will need to prove how it is different to sex slaves. 

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On 6/27/2018 at 12:52 AM, Sumerian said:

Well announcing it would not be smart for that very reason, but to assume a mu'min is committing a sin is incredibly dangerous, therefore other believers should give the benefit of the doubt.

To answer your question, it isn't wajib to announce it. However, this married man cannot, as per obligatory precaution, do a mut'ah with a non-Muslim lady EVEN if his Muslim wife allows it, according to Sayyed Al-Sistani. Therefore his only choice is to secretly do a mut'ah with another Muslim lady.

Just another question. Lets say a man and women conduct a secret mut'a, and then after one day the man dies. The women then becomes pregnant. The people would think that she committed zina, because no one would know that she had done mut'a. What is the solution?

Edited by Follower of Ahlulbayt

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3 hours ago, Follower of Ahlulbayt said:

Just another question. Lets say a man and women conduct a secret mut'a, and then after one day the man dies. The women then becomes pregnant. The people would think that she committed zina, because no one would know that she had done mut'a. What is the solution?

Who cares what people think? That's their fault. If she claims she did a mut'ah and got pregnant, they have no reason to not believe her.

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Secret marriage, even secret second marriage, is permitted as long as all rights are respected, but the man must obtain permission from the virgin woman's wali for any temporary or permanent marriage. 

Permitted, yes, but secret marriage is almost always a bad idea and no sensible woman would agree to it under normal circumstances.

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Secret mut'a is permissible but in my opinion it badly affects the nikah. If this man is not happy with his wife he shoul divorce, if not I don't see why he shouldn't share everything with his wife. In some nikah's contract the wife must give her consent for mut'a or other nikah, and I think it's fair. By the way I have nothing against mut'a, I just think secrets have no place between two persons who are supposed to love each other, not for a matter of 'control' but for a matter of 'respect'. 

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On 6/26/2018 at 1:08 PM, Follower of Ahlulbayt said:

Just wanted to ask a fiqh question on mut'a. Is it allowed for a non-virgin girl to have mut'a with a married man and have intercourse secretly (without anyone knowing). I see problems in this because if someone finds out about this, they could assume that they are committing haram. I understand that in Shia fiqh there is no wali required for non-virgins (i think) and I know that witnesses are also not required for marriage. However is there a ruling were it states that the relationship cannot be secretive?

Whether or not this allowed technically, I can imagine its not going to end well for anyone. There is a difference between what is legal and what is morally right. This maybe a case of something that maybe technically allowed, but morally problematic.

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