After the controversy that erupted in the community, especially regarding the fatwa that stirred up debate which Sheikh Professor Ibrahim Ahmad Makari gave about the issue of Mut'ah marriage. Many people are now going around asking scholars about this matter.
Here too is a comment that Sheikh Ibrahim Daurawa made five years ago regarding the issue of Mut'ah marriage.
MUT'AH MARRIAGE
Nikahul Mut’ah means a man marries a woman for a specific, fixed period of time.
Even though some conditions of marriage can be found in it for example there is love, and the woman’s consent. And the guardian’s approval, dowry, and witnesses are present.
The only thing that spoils it is setting an end time for the marriage, whether the time is short or long. It is this setting of a time limit that corrupts the marriage, because marriage is done with the intention that "it lasts until death do us part," or that the couple themselves separate by choice for some reason. Apart from that, no one can even guarantee that they will reach the time that is set for the marriage between the couple.
An example of how it is done: the guardian will say "I marry off so-and-so to so-and-so, for dowry such-and-such, until such-and-such time." There will be witnesses. But those four conditions are the most important: the husband, the wife, the dowry, the contract, and the fixed time limit for the marriage. As soon as that time ends, the marriage ends, even if it was only one hour or one day.
Setting an end time for marriage, or marrying with the intention of divorce, is among the types of marriage that scholars said are not permissible.
Mut'ah marriage was permissible at the beginning of Islam, just as many other things were permissible, like drinking alcohol and similar things. But later the Messenger of Allah (SAW) — Allah abrogated it and made it _haram_ until the Day of Judgment.
At first it was temporarily abrogated. If there was a need that made it permissible, then permission was given — like when someone was in a state of travel, or in extreme need, or had a strong desire that could push a person toward zina.
Later, after the religion was completed and perfected, it was abrogated permanently. With this you can reconcile the hadiths that indicate Mut'ah was abrogated at different times.
As scholars of knowledge and evidence have confirmed. So in the end, Mut'ah was abrogated at the Conquest of Makka, and there is no evidence that came lifting that prohibition.
All the schools of Islamic jurisprudence agree on this: Maliki, Shafi'i, Hanbali, Hanafi, and the rest of the scholars whose opinions are respected.
THE YEAR MUT'AH MARRIAGE WAS MADE HARAM
The only disagreement among scholars is in which year Mut'ah marriage was made _haram_, but they did not disagree that it is _haram_.
Some scholars said it was made haram in the 7th year after Hijra, during the Battle of Khaibar, as is established from Sayyidina Ali. He said to Abdullah ibn Abbas: The Messenger of Allah (SAW) forbade Mut'ah marriage, and he forbade eating the meat of domestic donkeys at the time of Khaibar. [Bukhari 5115, Muslim 1407]
Others said it was made haram in the 8th year after Hijra, that is at the time of the Conquest of Makka. As comes in the hadith of Ibn Samurah. His father said: We fought alongside the Prophet (SAW) during the Conquest of Makka. He said we stayed in Makka for fifteen days. The Messenger of Allah (SAW) gave us permission, he gave us the allowance to marry women with the intention that when we leave we will separate from them. So we did that kind of marriage. He said: We had not left Makka when the Messenger of Allah (SAW) said to us: "From today this marriage is forbidden." [Muslim 1406]
In another narration: The women we married were with us with the intention that we would divorce them after a set time, three days. Then the Messenger of Allah (SAW) ordered that we separate from them meaning we should no longer do that kind of marriage. [Muslim 1406]
In another wording: The Messenger of Allah (SAW) commanded us to do marriage for a set time during the Conquest of Makka. And we did not leave Makka until this marriage was abrogated. [Muslim 1406]
Some scholars said Mut'ah was made haram in the year of the Battle of "Awtas." As is established in the hadith of Salamah ibn Al-Akwa' who said: The Messenger of Allah (SAW) gave us concession during the Battle of Awtas to do Mut'ah for three days meaning we would marry women with the intention that after three days or three months we would divorce them. Then afterward it was made haram.
But as we presented earlier, Mut'ah was finally made haram. And all the hadiths that indicate it was made haram in a particular year only point to the fact that permissibility was temporary. Before it was finally made haram forever. Just like alcohol was made haram gradually, in stages.
AN IMPORTANT WARNING ABOUT MUT'AH MARRIAGE
Here it is good that we warn people regarding some fatwas and hadiths that they may hear or that may confuse them, which seem to indicate that some Companions considered Mut'ah marriage permissible even after the death of the Messenger.
As comes in the hadith of Jabir ibn Abdullah who said: "We used to do Mut'ah with women, intending that after a set time we would divorce them, and we would give them no more than a handful of dates or a handful of flour. We did this during the time of the Messenger of Allah (SAW) and during the time of Sayyidina Abu Bakr. Until the time Sayyidina Umar took leadership, then he forbade us."_
Regarding this, scholars respond with two possibilities:
1. Either the hadiths that made Mut'ah haram had not reached those Companions, until Sayyidina Umar confirmed it to them, then they stopped. Just as it often happened that a Companion would give a fatwa before a hadith reached him. When the hadith reached him he would retract his first fatwa.
2. Or the hadith did reach him but he did not understand it as a permanent prohibition. He understood it as a temporary prohibition, where a necessity could allow concession, just as happened during the lifetime of the Messenger of Allah.
Based on this we understand the fatwa of Abdullah ibn Abbas who considered Mut'ah permissible if there was necessity. He even said Mut'ah marriage is like eating carrion out of fear of death. Before he later retracted that fatwa and affirmed that it is permanently haram.
These matters are clear, especially when you consider how limited means of communication were in that time. Even in this era we find many people who haven’t heard a news item even though it was spread on social media. Or they hear the news but misunderstand it until someone explains it properly to them. This happened many times even during the time of the Messenger of Allah — a Companion would understand a verse or hadith differently, until later he was taught the correct understanding. There are many examples of this.
In summary: The hadith of Jabir and the fatwa of Ibn Abbas are not evidence for the permissibility of Mut'ah marriage, as scholars have confirmed. And as they themselves retracted from that position and did not remain upon it.
Apart from this, only Allah knows the kind of tribulation, corruption, and disorder that would result if the door to Mut'ah marriage were opened.
And it is regrettable that today we find students in big schools doing Mut'ah marriage without the knowledge of their parents, guardians, or the community.
And what is strange is that those who say Mut'ah is permissible hate for it to be done with their own daughters, sisters, or relatives. And they hate for it to be attributed to their scholars, leaders, or imams.
Also, anyone who looks at how Mut'ah was done in the days of ignorance will see that it is very different from the kind of Mut'ah people are calling for today. The purpose of that one was to prevent zina. The purpose of this one is for enjoyment and pleasure, because you’ll find a man who already has wives and has no necessity, yet he has many Mut'ah wives.
In addition to that, Mut'ah marriage the kind some are calling to is a marriage that will destroy the good social structure, mix up lineage, increase children with no clear father, and cause disputes and conflict like what we hear and see in communities that accept it.
May Allah protect our religion and our honor.