Many ‘ulama of Ahl as-Sunnah deemed Mut’ah to be Halaal

We shall cite the following Sunni sources

1. Tafseer Gharaib al-Quran, part 5, page 4, Surah al Nisa
2. Tafseer Kabeer, Volume 3 page 95, Surah Nisa verse 24
3. Tafseer Haqqani, Volume 2 page 4
4. Nuzul al Ibrar fi fiqh Mukhtasar Nabi al Muktar, page 3

We read in Tafseer Kabeer:

“Amongst the Ummah are many great scholars who deem Mut’ah to have been abrogated, whilst others say that Mut’ah still remains.”

Imam of the Deobandies Allamah Abu Muhamad Abdul Haq Haqqani states in Tafseer Haqqani:

“Some scholars deem Mut’ah permissible, in the same way the Sahaba Ibn Abbas and Imran bin Husain deemed it permissible, they say that this woman is also a wife”.
Tafseer Haqqani, Vol 2 page 4 (published in 1956, Deoband UP. India)

Maulana Waheed uz Zaman states:

One of the topic of Mut’ah, differences have arisen amongst the Sahaba, and Ahl’ul Hadith (people of Hadith), and they deemed Mut’ah to be permissible, since Mut’ah under the Shari’ah was practised and this is proven, and as evidence of permissibility they cite verse 24 of Surah Nisa as proof. The practise of Mut’ah is definite and there is ijma (consensus) on this and you can’t refute definite proof by using logic.

We read in Gharaib al Quran:

“They (scholars) have agreed that it was permissible during the early era of Islam, then the vast majority of the nation agreed that it become abrogated, whilst the remainder including the Shia stated that it is still permissible, and (the permissibility tradition) is narrated from Ibn Abbas and Imran bin Husain”

Former Leader of Jamaat-e-Islam, Sayyid Abul’ala Maudoodi deemed Mut’ah to be permissible

Maudoodi in his periodical Turjuman al Qur’an in his commentary of Surah Mu’minun, [1955 edition]

“Whether Mut’ah is haram or halaal is a dispute that creates dissension between Shi’as and Sunnis, and has resulted in heated discussion, it is not difficult to ascertain the truth. A man comes across such situations when Nikah becomes impossible and he is forced to make a distinction between Zina and Mut’ah. In such scenarios practising Mut’ah is a better option to Zina”

Maulana Waheed uz Zaman deemed Mut’ah to be permissible

We have already cited the tradition from Sahih al Bukhari (English translation) Volume 7, Book 62, Number 13, wherein Ibn Masud stated that Rasulullah (s) allowed the Sahaba to contract Mut’ah. The Salafi scholar Maulana uz Zaman translated the words of Ibn Masud, in his Sharh of Sahih al Bukhari, Tayseer al Bari Volume 6 page 111 (printed in Karachi) as follows:

He gave us the permission to use cloth and contract Nikah, i.e. Mut’ah with women.

The reference is absolutely clear that the Prophet gave the order to contract Mut’ah, and curiously in his commentary of this tradition Zaman says as follows:

“From this hadith it can be seen that the usage of Mut’ah arises in ‘needed’ circumstances such as travel but not in situations where no need arises”.
Tayseer al Bari Sharah Sahih Bukhari, Volume 6 page 111

Let us for example accept that comment that Nikah Mut’ah is restricted to travel, this Sunni scholar has still acknowledged the validity of Mut’ah, and that is exactly what we the Shi’a are saying, that it can be exercised at a time when ‘need’ arises. Need is an entirely subjective thing, based on one’s own self control, if a man can remain pure without having sex that is fine, but is he fears falling into haraam activities due to sexual frustration, such as fornication, then the Shari’ah has also provided a legal means with which he can control his sexual urge.

The Imam of Ahl as-Sunnah Ibn Jurrayj contracted Mut’ah with 90 women

The following sources deal with this issue:

1. Fatah ul Bari, Volume 9 page 73
2. Al-Mughni by Ibn Qadamah, Volume 7 page 71
3. Mizan al-Itidal, Volume 2 page 59
4. Tahdeeb al-Tahdeeb, Volume 6 page 359
5. Siyar alam al Nubla, Vol 6 page 325, 331 & 333

Imam Dhahabi in Siyar alam al Nubla, Volume 6 page 325, 331 and 333 states:

ابن جريج ع عبد الملك بن عبد العزيز بن جريج الإمام العلامة الحافظ شيخ الحرم أبو خالد وأبو الوليد القرشي الأموي المكي صاحب التصانيف

“Abdul Malik bin Abdulaziz bin Juraij was Imam, Allamah, Hafiz, Sheikh al-Haram (Haram Mekka), Abu Khalid and Abul Walid Al-Qarshi Al-Amawi, Al-Makki; the author of books”. (page 325)

جريرا الضبي يقول: كان ابن جريج يرى المتعة، تزوج بستين امرأة.وقيل: إنه عهد إلى أولاده في أسمائهن لئلا يغلط أحد منهم ويتزوج واحدة مما نكح أبوه بالمتعة.

Jarir al-Dabi said: ‘Ibn Juraij believed in Mut’ah, he married with 60 women’. It is been said that he gave his children the names of his wives to avoid marrying any woman his father had previously married. (page 331)

سمعت الشافعي يقول استمتع ابن جريج بتسعين امرأة حتى إنه كان يحتقن في الليل بأوقية شيرج طلبا للجماع

“al-Shafiyee said that Ibn Juraij did Mut’ah with 90 women, he used every night one ounce of sesame oil in order to have sexual intercourse”. (page 333)

We read in Tahdeeb:

وقال الشافعي استمتع بن جريج بسبعين امرأة

Shafiyee said: ‘Ibn Juraij performed Mut’ah with seventy women’.

If Mut’ah was abrogated by Rasulullah (s) and thus became Zina, then did this great Sunni Imam, who was incidentally from amongst the Tabieen, commit fornication with seventy women? How can a Sunni scholar that fornicates with seventy women be graded as a very reliable authority? If it was obligatory to accept ‘Umar’s ruling, than was this Faqih committing a sin? Or is the truth much more obvious: that this Faqih recognised ‘Umar’s ruling was bid’a, and disregarded it.

Imam Malik issued a Fatwa that Mut’ah is halaal

We shall cite the following Sunni sources:

1. Fatawa Qadhi Khan, Volume 1 page 151
2. Al Hidayah, Volume 1 page 186
3. Kanz al-Daqaiq, Volume 5 page 289
4. Anaya Sharh al-Hidayah, Volume 4 page 390
5. al-Mabsoot, Volume 5 page 152

We read in Al-Hidayah:

وقال مالك : هو جائز لأنه كان مباحا فيبقى إلى أن يظهر ناسخة

Malik said: ‘It is lawful because it was Mubah so it will remain (lawful) till the abrogation appears”

Although the name of the book Al-Hidayah requires no introduction on its authenticity in the eyes of Ahle-Sunnah for the benefit of our readers and most importantly, to nullify any attempt by Nawasib to cast doubts on the authenticity of the reference cited, let us mention that this book is compared with Quran among Ahle Sunnah, as we read:

“The book Al-Hidayah is a guide to guidance and it removes the blindness from those who preserve it. Oh you, the rational ones, you must preserve it and be with it, because who ever reached to it in fact he reached to the maximum goals. That is what Allamah al-Hadad said in his margin on the book al-Hidayah. Other one said: ‘al-Hidayah is like Quran, it has abrogated the previous books which were written about laws.’”
Hidayah, page 4

In one of the esteemed commentary on Al-Hidayah namely Anaya Sharh al-Hidayah, we read:

۔ (ونكاح المتعة باطل) وهو أن يقول لامرأة أتمتع بك كذا مدة بكذا من المال وقال مالك رحمه الله: هو جائز لأنه كان مباحا فيبقى إلى أن يظهر ناسخه

Nikah al-Mut’ah is void, its method is to say ‘I enjoy you in reward of such and such for period such and such period’. Malik said: ‘It is lawful because it was Mubah so it will remain (lawful) until the abrogation appears’

As for the excuse that Imam Malik in his book Muwatta recorded a Hadith regarding the prohibition of Mut’ah, we read the following reply in Anaya Sharh al-Hidayah:

وليس كل من يروي حديثا يكون واجب العمل لجواز أن يكون عنده ما يعارضه أو يرجح عليه

“It is not Wajib on the one who is recording the Hadith to also consider it Wajib to pratice the Hadith because he might have another contradictory Hadith which he prefers”.

Imam Hassan bin Mansoor Qadhi Khan records in ‘Fatawa Qadhi Khan’:

“Nikah is not legally established by usage of the word ‘Mutah’ and it is false according to us and isn’t permissible, contrary to Ibn Abbas and Malik“
Fatawa Qadhi Khan, Volume 1 page 151 (Nolakshor, India)

Hanafi Imam Sarkhasi records in al-Mabsoot:

وتفسير المتعة أن يقول لامرأته : أتمتع بك كذا من المدة بكذا من البدل ، وهذا باطل عندنا جائز عند مالك بن أنس وهو الظاهر من قول ابن عباس رضي الله عنه

“The meaning of Mut’ah is to say to his woman: ‘I enjoy you for such-and-such time period in reward of such-and-such of dower.’ And this is void according to us whereas it is permissible according to Malik bin Anas, and apparently the same opinion is shared by Ibn Abbas may Allah be pleased with him”.

Imam of Ahl as-Sunnah Ahmad Ibn Hanbal deemed Mut’ah to be Halal

According to Imma Ahmed bin Hanbal, Mut’ah is Makrooh and can be done when it is extremely necessary but it is not Haram. Imam Ibn Qadamah records in Al-Mughni, Volume 7 page 571:

وقال أبو بكر فيها رواية أخرى : أنها مكروهة غير حرام ، لأن ابن منصور سأل أحمد عنها ؟ فقال : يجتنبها أحب إلي ، قال : فظاهر هذا الكراهة دون التحريم

Abu Bakr said that there is another narration which deems it [Mut’ah] Makrooh and not Haram because Ibn Mansur asked Ahmad about it? and he (Ahmad) replied: ‘According to me it is better to avoid it’. He (Abu Bakr) said: ‘Apparently this text refers to that which is disliked[Makrooh] and not prohibited [Tahreem].

Ibn Katheer in his Tafseer, Surah an-Nisa, Page 3 under the verse 4:24 said:

وقد رُويَ عن ابن عباس وطائفة من الصحابة القولُ بإباحتها للضرورة، وهو رواية عن الإمام أحمد بن حنبل، رحمهم الله تعالى.

“It has been narrated from Ibn Abbas and a group of the companions that it is permissible when it is absolutely necessary, and so has been narrated from Imam Ahmad bin Hanbal may Allah’s mercy be upon them”
Tafseer Ibn Katheer, Surah an-Nisa, Page 3

Imam Hanbal like Malik is a Sunni Scholar of fiqh, like Ibn Abbas and other Sahaba. If Mut’ah is a shameless act of Zina then did the Allah and Rasulullah(s) allow such acts on certain occasions?. Clearly the Sahaba did not see Mut’ah in this way, the clearly understood words of Rasulullah(s), so for Sunnis experts to deem Mut’ah haram today is a major injustice on their part.

Maliki scholar Muḥammad al-Ṭahir Ibn Ashur deemed Mut’ah to be Halal

Muḥammad al-Ṭahir Ibn Ashur (d. 1972) was a Sunni Maliki from Tunisia and was the Sheikh of Zaytona, a position that is somwhat similar to Sheikh of Al-Azhar and that makes him the highest Maliki scholar of his era. In his authority work  Tafsir al-Taḥrir wa-al-Tanwir, Volume 1 page 298 we read:

وقد ثبت أن الناس استمتعوا في زمن أبي بكر وعمر ثم نهى عنها عمر في آخر خلافته

 ”It has been proven that the people practised Mut’ah during the time of Abu Bakr and Umar, then Umar prohibited it in the last part of his reign”.

On the same page we read:

والذي يستخلص من مختلف الأخبار أن المتعة أذن فيها رسول الله صلى الله عليه و سلم مرتين ونهى عنها مرتين والذي يفهم من ذلك أن ليس ذلك بنسخ مكرر ولكنه إناطة إباحتها بحال الاضطرار فاشتبه على الرواة تحقيق عذر الرخصة بأنه نسخ

 The conclusion of all different traditions is that the Allah’s Apostle allowed Mut’ah twice and prohibited it twice, and what we understand of these is that is not for abrogating it repeatedly but it is to clarify that Mut’ah is permissible only for emergencies but the narrators got confused and thought that was meant abrogation (Naskh).

Similarly the author stated:

والذي استخلصناه في حكم نكاح المتعة أنه جائز عند الضرورة

“The result which I end up is that Mut’ah is lawful in emergencies”.

Categories: Arabic - العربية , English