The Ruling on Temporary Marriage (Mut'ah) and Masiyar Marriage
Machine translationRead the Arabic original
The Shaykh:
May Allah greet you and bless you.
The questioner:
This questioner, who used the initials A-A-J from Riyadh, says: Honorable Shaykh, was temporary marriage (mut'ah) known in Islam? What is its ruling? And what is the ruling on the types of marriages that have occurred in this era, such as masiyar marriage and other forms of marriage? Thank you.
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, marriage is among the blessings of Allah, Glorified and Exalted is He, in that He made spouses, and from spouses He made families, grandchildren, sons, and descendants, so that the lineage remains and multiplies. Allah has encouraged marriage. He, Glorified and Exalted is He, said:[An-Nur 24:32-33] The Prophet (peace and blessings be upon him) said: Sunan an-Nasa'i 3208Sahih (Darussalam)
Marriage is based on a valid legal contract consisting of the offer and the acceptance. The offer comes from the guardian (wali), and the acceptance comes from the husband, or the guardian's agent, or the husband's agent, with its known conditions. It is marriage with the intention of permanence and continuity, procreation, chastity, and the husband's responsibility toward his wife[An-Nisa 4:34]. This is the lawful marriage.
As for temporary marriage (mut'ah), which is temporary marriage, the meaning of mut'ah is temporary marriage that is not intended to continue, but is limited to a specific time that ends when that time expires. This was permissible at the beginning of Islam, then it was abrogated and prohibited. So the marriage of mut'ah remained abrogated in Islam, and it is an invalid marriage after the abrogation. Therefore, it is not permissible to return to it. Rather, marriage is intended for continuity and the many benefits of marriage. So temporary marriage (mut'ah), after its abrogation, became an invalid marriage, and it is not permissible to return to it.
As for masiyar marriage, its meaning is that a valid legal contract is made with her, but the wife does not reside with the husband; rather, she remains with her family or in her home. The husband has no authority over her; he only visits her for a time for the sake of enjoyment only. He does not provide for her, and he does not know about her children. So although it is complete with a valid contract, it lacks the benefits and many objectives of marriage.
May Allah greet you and bless you.
The questioner:
This questioner, who used the initials A-A-J from Riyadh, says: Honorable Shaykh, was temporary marriage (mut'ah) known in Islam? What is its ruling? And what is the ruling on the types of marriages that have occurred in this era, such as masiyar marriage and other forms of marriage? Thank you.
The Shaykh:
In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, marriage is among the blessings of Allah, Glorified and Exalted is He, in that He made spouses, and from spouses He made families, grandchildren, sons, and descendants, so that the lineage remains and multiplies. Allah has encouraged marriage. He, Glorified and Exalted is He, said:
(32) And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing. (33) But let them who find not [the means for] marriage abstain [from sexual relations] until Allah enriches them from His bounty. And those who seek a contract [for eventual emancipation] from among whom your right hands possess - then make a contract with them if you know there is within them goodness and give them from the wealth of Allah which He has given you. And do not compel your slave girls to prostitution, if they desire chastity, to seek [thereby] the temporary interests of worldly life. And if someone should compel them, then indeed, Allah is [to them], after their compulsion, Forgiving and Merciful.
الْأَيَامَىٰ مِنكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ إِن يَكُونُوا فُقَرَاءَ يُغْنِهِمُ اللَّهُ مِن فَضْلِهِ وَاللَّهُ وَاسِعٌ عَلِيمٌ وَلْيَسْتَعْفِفِ الَّذِينَ لَا يَجِدُونَ نِكَاحًا حَتَّىٰ يُغْنِيَهُمُ اللَّهُ مِن فَضْلِهِThe Messenger of Allah said to us: 'Whoever among you can afford it, let him get married, and whoever cannot then he should fast, for it will be a restraint (wija') for him.'
صلى الله عليه وسلم يا معشر الشباب، من استطاع منكم الباءة فليتزوج، ومن لم يستطع فعليه بالصوم، فإنه له وجاء.Marriage is based on a valid legal contract consisting of the offer and the acceptance. The offer comes from the guardian (wali), and the acceptance comes from the husband, or the guardian's agent, or the husband's agent, with its known conditions. It is marriage with the intention of permanence and continuity, procreation, chastity, and the husband's responsibility toward his wife
Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allah would have them guard.
الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللَّهُAs for temporary marriage (mut'ah), which is temporary marriage, the meaning of mut'ah is temporary marriage that is not intended to continue, but is limited to a specific time that ends when that time expires. This was permissible at the beginning of Islam, then it was abrogated and prohibited. So the marriage of mut'ah remained abrogated in Islam, and it is an invalid marriage after the abrogation. Therefore, it is not permissible to return to it. Rather, marriage is intended for continuity and the many benefits of marriage. So temporary marriage (mut'ah), after its abrogation, became an invalid marriage, and it is not permissible to return to it.
As for masiyar marriage, its meaning is that a valid legal contract is made with her, but the wife does not reside with the husband; rather, she remains with her family or in her home. The husband has no authority over her; he only visits her for a time for the sake of enjoyment only. He does not provide for her, and he does not know about her children. So although it is complete with a valid contract, it lacks the benefits and many objectives of marriage.
Source
نور على الدرب - الفوزان - 03/152 — archive.org (0:56)
The Arabic text is a machine transcription of the audio recording.