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    Misyaar Marriage

    Salamunalaikum,

    I just found some information about this sort of marriage on a website, and I was wondering, doesn't this sound "exactly" like a mutah marriage? This is the website address: http://www.muslims.net/fatwaapplicat...hFatwaID=38854

    Please do correct me if I am mistaken!

    Wa Salam,
    Anila

    #2
    It very much sounds like a mutah marriage - fixed contract.

    So it seems that certain scholars of the ahl-sunnah also deem it Islamically correct - though maybe not socially acceptable.

    Hope you are well sister.

    ws

    Comment


      #3
      Originally posted by a1shah:
      It very much sounds like a mutah marriage - fixed contract.

      So it seems that certain scholars of the ahl-sunnah also deem it Islamically correct - though maybe not socially acceptable.

      Hope you are well sister.

      ws
      This linked fatwa, seems to me that 'misyaar' marriage might be used for 'halaala' as well. and I think 'halaala' is not allowed (considered permissible) by Sunni ulema (no marriage can take place if aim is to get divorce without intimacy/intercourse taking place).

      Bro a1shah, please explain to me what 'mutaa' actually means and under what circumstances it is permissible, I have heard a lot about it but not aware of details.


      ------------------
      We oughta be Changez like, don't we?

      Comment


        #4
        Brother Changez,

        Mut'a has been discussed in great details in previous posts so if you'd like to know about it, it may be best if you searched for those earlier threads.

        I'll just give you a brief description of mu'ta here.

        Fixed-Term/Temporary/Pleasure Marriage are different names for the Arabic word of "Mut'a" which is a contract between a man and woman, much in the same way the Long-Term/Permanent/Conventional Marriage is.

        The main difference is that the temporary marriage longs only for a specified period of time, and man and woman will become stranger to each other after the expiration date without divorce.

        One misconception regarding temporary marriage is that some people think that the woman engaged in temporary marriage can have contract every other hour. This is completely misrepresentation of temporary marriage. After such contract has been expired, the woman has to wait for two months (Iddah) before which she can not marry any one else.

        Allah, to whom belong Might and Majesty, said:

        (...Except the forbidden women) the rest are lawful unto you to seek them with gifts from your property (i.e., dowry), provided that you desire protection (from sin), not fornication. So for whatever you have had of pleasure (Istamta'tum) with them by the contract, give unto them their appointed wages as a duty. And there is no sin for you in what you both agree (in extending the contract) after fulfilling the (first) duty. Lo! Allah is ever Knower, Wise. (Quran 4:24)

        In the above verse, the Arabic equivalent of the word "marriage" or any of its derivatives has NOT been used. Rather the derivative of word "Mut'a" (pleasure/temporary marriage) has been used, i.e., "Istamta'tum".

        The word Istamta'a is the tenth verbal form of the root m-t-a.

        Of course, Mut'a is one type of marriage, but some of it's regulations are different than the permanent marriage, including the fact that the couple can extend this contract by mutual agreement as the end of verse specifies.

        Imam Ali (as) said: The Mut'a is a mercy from Allah to his servants. If it were not for Umar forbidding it, no one would commit (the sin) of fornication except the wretched (Shaqi; an utmost wrong-doer)."

        ws

        [This message has been edited by a1shah (edited July 31, 2001).]

        Comment


          #5
          .

          [This message has been edited by Astronut (edited July 31, 2001).]

          Comment


            #6
            Originally posted by highheelz:
            Salamunalaikum,

            I just found some information about this sort of marriage on a website, and I was wondering, doesn't this sound "exactly" like a mutah marriage? This is the website address: http://www.muslims.net/fatwaapplicat...hFatwaID=38854

            Please do correct me if I am mistaken!

            Wa Salam,
            Anila
            Ahem, out of the topic but just out of curiosity, what is 'Salamunalaikum'??

            Comment


              #7
              Originally posted by Astronut:
              Ahem, out of the topic but just out of curiosity, what is 'Salamunalaikum'??

              Salamunalaikum, also known as Salam or Asalam'alaykum. An Arabic word meaning "peace be upon you." A standard greeting spoken to one another by muslims across the world.

              For a crash course in Arabic, please visit these sites! http://www.palguide.com/arabic.htm http://i-cias.com/babel/arabic/

              Wa Salam,
              Anila

              [This message has been edited by highheelz (edited July 31, 2001).]

              Comment


                #8
                Thank you for the links. This is an interesting discussion. YES!! I know it is 'Assalamu alaiykum' , which means 'Peace be upon you' or to say it complete, 'Assalamu Alaiykum Warahmatullahi Wabarakatuhu' . But I have never ever heard of 'Salamun Alaykum' . Please check this out from the site you gave me http://i-cias.com/babel/arabic/01.htm . It doesn't say 'Salamun alaikum' anywhere. Correct me if I am wrong please.

                [This message has been edited by Astronut (edited July 31, 2001).]

                Comment


                  #9
                  Originally posted by a1shah:
                  Brother Changez,

                  Mut'a has been discussed in great details in previous posts so if you'd like to know about it, it may be best if you searched for those earlier threads.

                  I'll just give you a brief description of mu'ta here.

                  Fixed-Term/Temporary/Pleasure Marriage are different names for the Arabic word of "Mut'a" which is a contract between a man and woman, much in the same way the Long-Term/Permanent/Conventional Marriage is.

                  The main difference is that the temporary marriage longs only for a specified period of time, and man and woman will become stranger to each other after the expiration date without divorce.

                  One misconception regarding temporary marriage is that some people think that the woman engaged in temporary marriage can have contract every other hour. This is completely misrepresentation of temporary marriage. After such contract has been expired, the woman has to wait for two months (Iddah) before which she can not marry any one else.

                  Allah, to whom belong Might and Majesty, said:

                  (...Except the forbidden women) the rest are lawful unto you to seek them with gifts from your property (i.e., dowry), provided that you desire protection (from sin), not fornication. So for whatever you have had of pleasure (Istamta'tum) with them by the contract, give unto them their appointed wages as a duty. And there is no sin for you in what you both agree (in extending the contract) after fulfilling the (first) duty. Lo! Allah is ever Knower, Wise. (Quran 4:24)

                  In the above verse, the Arabic equivalent of the word "marriage" or any of its derivatives has NOT been used. Rather the derivative of word "Mut'a" (pleasure/temporary marriage) has been used, i.e., "Istamta'tum".

                  The word Istamta'a is the tenth verbal form of the root m-t-a.

                  Of course, Mut'a is one type of marriage, but some of it's regulations are different than the permanent marriage, including the fact that the couple can extend this contract by mutual agreement as the end of verse specifies.

                  Imam Ali (as) said: The Mut'a is a mercy from Allah to his servants. If it were not for Umar forbidding it, no one would commit (the sin) of fornication except the wretched (Shaqi; an utmost wrong-doer)."

                  ws
                  [This message has been edited by a1shah (edited July 31, 2001).]
                  I appreciate your taking time out. I know all the topics that would come to my mind would have mostly likely been already discussed in this forum (since I'm not very old to this forum).

                  The last (I think) question. Is it for specific time of year, status of nation (peace, war, famine, wealth etc.), status of person? (from the verse quoted, it does not look like to be specific for any time or status).

                  ------------------
                  We oughta be Changez like, don't we?

                  Comment


                    #10
                    There's no reason to correct you, you are absolutely right. Salamunalaikum is not listed anywhere on that site I gave you, but as far as I know, from literature and my Arab friends, that does not mean that it is incorrect to say/write it like that.
                    What we are saying is "Peace be upon you" the part to focus on is the word Salam. An example I can think of is from Sura Yasin Ayat 58:
                    "Salamun qawlan mir rabbir raheem"
                    "Peace: a word from a Merciful Lord."

                    So I believe you can say it either way, it will mean the same thing. But please do correct me if I am wrong.

                    Originally posted by Astronut:
                    Thank you for the links. This is an interesting discussion. YES!! I know it is 'Assalamu alaiykum' , which means 'Peace be upon you' or to say it complete, 'Assalamu Alaiykum Warahmatullahi Wabarakatuhu' . But I have never ever heard of 'Salamun Alaykum' . Please check this out from the site you gave me http://i-cias.com/babel/arabic/01.htm . It doesn't say 'Salamun alaikum' anywhere. Correct me if I am wrong please.

                    [This message has been edited by Astronut (edited July 31, 2001).]

                    Comment


                      #11
                      Originally posted by Changez_like:
                      I appreciate your taking time out. I know all the topics that would come to my mind would have mostly likely been already discussed in this forum (since I'm not very old to this forum).

                      The last (I think) question. Is it for specific time of year, status of nation (peace, war, famine, wealth etc.), status of person? (from the verse quoted, it does not look like to be specific for any time or status).

                      Brother Changez,

                      You are correct - the Quranic verse is a general statement, and its specific applications are clarified by other verses and the traditions.

                      Also, the sunnis who oppose this form of marriage say that Mut'a cannot be considered a legitimate form of sexual union because it excludes such things as inheritance, divorce, sworn allegation, forswearing, and Bihar.

                      Since these necessary concomitants of marriage do not apply to Mut'a, it cannot be considered marriage, so the woman cannot be considered a legitimate wife. If she is neither a wife nor property, sexual intercourse with her is illegitimate: "Prosperous are the believers, who... guard their private parts, save from their wives and what their right hands own. . .; but whosoever seeks after more than that, those are the transgressors" (23:1-7). Hence, people who engage in Mut'a transgress God's law.

                      However, the shias say that it is not true that the above things are concomitants of marriage: there is no inheritance in the case of a non-Muslim wife, a murderer, or a slave-girl.

                      A legitimate sexual relationship may be dissolved without divorce in the case of a wife who is the subject of a sworn allegation, a spouse who leaves Islam, or a slave-girl who is sold. Sworn allegation, forswearing, and Bihar are all concomitants of permanent marriage, not of legitimate sexual relationships in general (i.e., they do not apply to sexual relationships with a slave).

                      Even if we suppose that these things do in fact pertain to legitimate sexual relationships, then it will be necessary to specify that there are certain exceptions. This is the only way we will be able to combine the Quranic verses and the traditions which show that these pertain to legitimate sexual relationships with those traditions which demonstrate that they do not pertain to Mut'a.

                      Finally, we should realize who banned Mut'a - the holy prophet (pbuh) or others. The following hadith will help us understand:

                      In a famous sermon the second caliph Umar banned Mut'a with the following words:

                      "Two Mut'a were practiced during the time of the Prophet: Mut'a of women and Mut'a of Hajj, but I forbid both of them and will punish anyone who practices either."

                      References:

                      Tafsir al-Kabir, by Fakhr al-Razi, v3, commentary of verse 4:24
                      Musnad Ahmad Ibn Hanbal, v1, p52

                      ws

                      Comment


                        #12
                        Originally posted by highheelz:
                        Salamunalaikum,

                        I just found some information about this sort of marriage on a website, and I was wondering, doesn't this sound "exactly" like a mutah marriage? This is the website address: http://www.muslims.net/fatwaapplicat...hFatwaID=38854

                        Please do correct me if I am mistaken!

                        Wa Salam,
                        Anila

                        Hmmmm, that's funny. Seems like if you go to the website now, the fatwa is missing. Looks like an error occurred on the page, but if you look at the coding, the error seems to be typed in manually.

                        Wonder what that's all about?

                        Wa Salam,
                        Anila

                        Comment


                          #13
                          Originally posted by highheelz:

                          Hmmmm, that's funny. Seems like if you go to the website now, the fatwa is missing. Looks like an error occurred on the page, but if you look at the coding, the error seems to be typed in manually.

                          Wonder what that's all about?

                          Wa Salam,
                          Anila
                          It does not look like manually typed. Its a computer generated error if something was not found or if there is an error in some script.

                          ------------------
                          We oughta be Changez like, don't we?

                          Comment


                            #14
                            Changez, I'm about to quote a section from a book called "Outlines of Islamic Jurisprudence" by Isam Ghanem and published by the Saudi Publishing & Distributing House. In this section, the author tries to briefly explain the views of both Sunnis and Shias towards mut'a.

                            ------------------------------------------

                            Mut'a

                            Temporary or enjoyment marriages which normally last for three days were practised by soldiers in the early days of Islam. Chroniclers are not agreed as to when this insititution was declared haram (prohibited). Some say that it was halal until the battle of Tabuk (9 A.H.); some say the battle of Khaybar (7 A.H.); others such as al-Mawardi and al-hazmi and, according to some, evem al-Shafi'i complicate the matter further by saying that mut'a was implicitly acquiesced in, then prohibited, then expressly approved and then finally prohibited till doomsday. The more authentic view (related by Muslim, al-Nasa'i, etc.) seems to be that it was prohibited for ever three days after the Muslims re-entered Mecca in 8 A.H. Even then, it seems that not all of the Companions, for example Ibn 'Abbass and Mu'awiya, became fully aware of the prohibition until the reign of the second Caliph, 'Umar.

                            The Sunni view re mut'a

                            To the majority of Sunnis al-Sunna al-Taqririyya (the approval) permitting mut'a was abrogated by either (a) the Qur'anic verses relating to marriage, talaq (dissolution), 'idda and succession, for the verses do not admit of the concept of the institute of enjoyment or temporary marriages and therefore implicitly abrogate mut'a; or (b) the hadith which state that mut'a is finally forbidden for ever. To al-Shafi'i it was the hadith which abrogated al-Sunna al-Taririyya and the Qur'anic verses referred to were simply consistent with such prohibition.

                            Those jurists who actively disagree with Al-Shafi'i over his rejection of cross-abrogation maintain that the Qur'anic provisions abrogated the implied approval by the Prophet of temporary marriages, that it was then necessary for the Prophet to confirm such prohibition by an express statement (hadith), which is precisely what al-Shafi'i argued would have to happen if the Qur'an abrogated the Sunna. But, as explained earlier, to al-Shafi'i the prohibition of mut'a involved merely abrogation of the Sunna by the Sunna.

                            The Shi'i view re mut'a

                            Although the Shi'is accept the doctrine of abrogation and cross-abrogation, they interpret Qur'anic verses differently, in particular V. 24, S. al-Nisa' (Women - Chapter 4): <<Such wives as you enjoy thereby, give them their wages apportionate>>. The Shi'is maintain that the verb <<enjoy>> in V. 24 accomodates the concept of mut'a as well as marriage proper. The Shi'is further (mainly the Ithna 'Asharis, but not the Zaydis) argue that mut'a is halal and that it was Caliph 'Umar who, according to them, purported to prohibit it, basing such prohibition on his own ijtihad, being the independent deduction of some rule of law from the recognised sources. The Ithna 'Asharis (Twelvers) argues that even the son of 'Umar, 'Abd Allah, stated that mut'a was halal. but in fact under the chapter dealing with al-Hajj (The Pilgrimage) in the compilation of the Sunna by Abu 'Isa al-Tirmidhi, al-Tirmidhi relates that when 'Abd Allah bin 'Umar opined that mut'a is halal, he was told: <<But your father (Caliph 'Umar) prohibited it relying upon he hadith>>.

                            ----------------------------------------
                            Muslims are so good at dividing that they can divide the atom. If you see two Muslims, probably they belong to 3 parties.
                            Al-Ghazali

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