Muta’a: Haraam or Halal?

Muta’a is it really a marriage or is it “religiously” sanctioned prostitution? I will discuss what is Muta’a in regards to the two main religious sects in Islam, the illegality of such an act in accordance to Islamic Law (Shariah) and Arab history and how it may or may not benefit relationships in modern society.

Muta’a, meaning ecstasy in Arabic, or temporary marriage as it is referred to in modern world society is a legal and religious contract between two consenting adults so that they may perform sexual activities together for a specific amount of money under Shiite scholarly law. Muta’a is technically only allowed between a Muslim man and any woman from the “People of the Book” (Jews, Christians and Muslims) and not between a Muslim woman and any other but a Muslim.

This religious contract is based on two specific points being that the contract states a distinct time for the marriage and a dowry to be paid upon the rendering of the marriage. This contract can be made for as short a time as a few hours to as long as 99+ years. It is defined by the fact that the husband and wife will upon the ending of the timed contract decide thereafter if they both wish to continue the relationship or not. The man, at the finalization of the contract, must pay the dowry in full to the temporary wife regardless of an extension of the relationship. The woman is required to be of sexual service to the man until the last minute of the Muta’a. The woman should not be considered a fornicator by trade, but should be of standard piety under Shi’a traditions. It is that a man should not seek to learn whether or not this woman has performed sexual acts with any other man. The man, however, may be married and not have to tell his wife of this temporary marriage. Since there is no divorce in Muta’a, the woman has no right to leave even if she is suffering from abuse or if she meets a man who she wants to have a permanent marriage with.

The Shi’a law in Iran and Iraq has strict laws against adultery and pre-marital sex; it promotes Muta’a marriage as a means for sexuality to be explored between two adults. All four Sunni Madhhabs (schools of thought) completely agree that this contract between man and woman is completely immoral and considered “haraam” or forbidden to all Muslims due to lack of proof through Hadith (words spoken by the Prophet Mohammad (peace be upon him)) or through the Qur’an al-Karim. This subject has created a great divide amongst the Muslims especially these days as Muslims throughout the world are seeing degradation to family values all around them. The last thing Sunni and some Shi’a Muslims want to support is this form of legal prostitution in Islamic society.

Where does this concept of Muta’a derive from? The pre-Islamic Arab tribes routinely practiced perverted sexual relations between many wives, slaves and prostitutes. The prophet Mohammad, pbuh, allowed Muta’a on only 1 occasion and for only 1 group of people, who were those Muslim men who had been fighting for the spread of Islamic land, however the Prophet, pbuh, said, "The Muta’a marriage has been cancelled (made unlawful)." (Translation of Sahih Bukhari, Wedlock, Marriage (Nikaah), Volume 7, Book 62, Number 52). The Prophet pbuh clearly made this once used form of prostitution revocable and haraam.

After the death of the Prophet pbuh passed to the other side in 632 CE 4 men called the rightly guided Sahabis and companions of the Prophet pbuh had to lead the Islamic world at that time. The second caliph, Hazrat Umar, ra, strictly made the practice of Muta’a harram, illegal and fully forbidden. H. Umar, ra, and the other Sahabis all agreed that the Prophet pbuh agreed that this was right and sound. Only those who do not understand the piety and respect that Muslims hold dearly would accuse the Shariah law with such a profoundly “un-Islamic” law such as Muta’a. There are verses upon verses in the Qur’an al-Karim that spell out what a marriage is, none of which say it is time based or temporary. “…and live with them honorably…” (Qur'an an-Nissa 4:19) That statement makes it very clear that you shall marry and live with your wife, as she is your wife. Seeing that people who take up muta’a do not live with one another it would clearly negate a marriage where there is no sincerity to the woman as a wife but to her only as a being of pleasure.

Why is it, we may ask, the sanctity of marriage be so defined and made secure within this religion? Why do we need to concern ourselves with the right and wrong of others? Why do we need to question the practice of a group of people who call themselves Muslims?

In Islam, as in the other major religions including Hinduism and Buddhism, there were very well defined rules as to the roles of each gender including each other’s role in a marriage. In Islam the marriage between two people is not a personal and sexual endeavor, it is one that unites families and during the time of the Prophet, pbuh, it unified whole clans of people and also unites two spirits in this dunya. During and before the 22 years of revelation woman were given absolutely no rights under tribal customs and given very limited rights to Judaic and Christian women. When the Qur'an al-Sharif was revealed it spelled out very clearly the worth of the woman to society and family. Women were and still are considered very holy spiritual beings, more so than men. Mothers are the spiritual center of the family. She is the one who teaches the children about Islam. She is the one who shows the children how to behave and instructs them on appropriateness of personality. The woman is the strength to the household and more often than not is the person who upholds the faith of religion. So if women were defined in this role, why would a man marry them just for sex? Why would a woman marry a man just for sex and money? A pious Muslima would not marry a man just for sex. Islamic women know the importance of virginity in marriage and few women are willing to risk their future marriage for a night of sex with a man for money.

The health of a society is found in the health of its families. As it goes, if we have a society full of single people who don’t value personal commitment then it’s possible for that society to not have people who value the commitment to work or to religion. If there is a society that allows physical and sexual abuse to go unnoticed or even promoted, imagine how the large of that society would be! The same goes for a society engaging in pre-marital sex, adultery and muta’a. If the sanctity of marriage and a lifelong commitment is not prevalent than people of that society will not likely commit themselves to the necessities of life without giving up. The common proverb “one bad apple spoils the whole barrel” explains my reasoning.

Although muta’a is clearly an act of grave consequence in Islam, a religion of very high moral standards, could it possibly be a more respectable solution to our promiscuous society? It would set specific rules for people so that they can fulfill lustful desires. Wouldn’t it be nice to know that famous couple A or famous couple B will be together for X amount of time and if they do have a baby from the situation, we as a society will know that the baby will not be abandoned by the father? Wouldn’t it be healthier for us as a society in the US if we had a contract with our boyfriend/girlfriend even if it’s just for peace of mind? Ok, boyfriend A before we sleep together because we are hot for one another let’s just spell this out. How long do you want to be committed to me for? And how much are you willing to give me at the end for me providing you with my love, passion and communication? In our unholy society this sort of contract could be beneficial, but if you are a spiritual person you know that it would be wrong to engage in lustful impassioned acts that take you away from your souls work.
Marriages based wholly on sexual and evil egoistic desires do not belong in Islam. Islam is a faith of controlling your nafs, ego, and overcoming temptations. Engaging in an act such as Muta’a is clearly prostitution as defined by Mariam-Webster Dictionary does not belong in Islamic society. Being that it was strictly prohibited during the time of the Prophet Mohammad pbuh and reiterated by the caliph Umar, it should not be allowed in Islamic culture. While temporary marriage is a horrid contract in Islam it would be a step up in our modern society. But. But… Would you want your daughter to be paid as a sexual object for a specified amount of time???