Fatwa: # 13255
Category: Misc. Fiqh
Country: South Africa
Date: 4th August 2005

Title

I will like to know about muta if it still allowed or prohibited and where in the Holy Koran can i find it,

Question

I will like to know about muta if it still allowed or prohibited and where in the Holy Koran can i find it, where it states its prohibition or allowable. What rights are confered unto a woman if u have taken it and what rights does a man have over u unto it. How did it originate and if who prohibited it or allowed it.

If prohibited what happens to Imam's who give blessings unto it. is there any law or association that protects woman against such acts.

Shukran 

Answer

The topic of Mut’ah has been extensively discussed in innumerable books of Fiqh and commentaries on Hadith. The Ulama agree unanimously that Mut’ah was admissible in the early days of Islam after it was sanctioned by Nabi [sallallaahu alayhi wasallam] himself due to mitigating circumstances. Subsequently, Nabi [sallallaahu alayhi wasallam] issued the decree of its impermissibility (Haraam), a ruling that will apply until the day of Qiyaamat. Unshakeable proofs supporting their view may be found in a host of Hadith books including Sahih al-Bukhari (Hadith5523) and Sunan Abi Dawud (Hadith1; Chapter on Mut’ah). The shi’a and innovators still practice Mut’ah supporting their shameless behaviour with feeble arguments and proofs that are baseless in the Shari’ah. According to Ahlus sunnah wal Jamaa ‘contemporary Mut’ah’ constitutes Zina and is a major sin.

For a more detailed discussion, you may read Fath al-Qadeer vol.3 pg.150 and footnotes on Sunan Abi Dawud pg.283.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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