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Fatwa #1447511 August 2006Netherlands

keeping temporary marriage is becoming fashion here among saudis? please explain the authenticity? is this valid

Question

keeping temporary marriage is becoming fashion here among saudis? please explain the authenticity? is this valid

Answer

Nikah is a sacred institution. It is also an act of worship. Rasulullah [sallallaahu alayhi wasallam] said, ‘The person who marries has completed half his faith, he should fear Allah in the remaining half.’ Nikah is also a Sunnah of the Prophets and it should be approached with that spirit. The way of Rasulullah [sallallaahu alayhi wasallam] is our guide. He married and showed us how to conduct ourselves in a marriage. The marriage is also a cause for procreation and has many responsibilities with it.

One should condition his mind with the responsibilities of a marriage before committing to it. If one does not understand the sanctity of marriage and its responsibilities, then that could lead to many social harms. It is precisely for that Rasulullah [sallallaahu alayhi wasallam] condemned divorce and stated that ‘the worst permissible act is divorce’.

It is not permissible for one to enter into a temporary marriage. A marriage is meant to be a lifelong and permanent relationship between the spouses. Rasulullah [sallallaahu alayhi wasallam] said that the greatest love is through marriage between the spouses. How can that be achieved if both the parties enter into a limited marriage. The spouses will not give their fullest unto one another. There can never be an unlimited and unreserved relationship between the two as they know there will be a parting period. They are there to just benefit from one another’s companionship. Nikah Mutaa and Muwaqqat was once permissible in Islam and is abbrogated. The differences between Muta, Muwaqqat and the present concept of temporary marriages differ in the wording of the contract. If a temporary marriage is conducted without any statement of time limit, the marriage will be a permanent one. However, the parties will have to change their intention and be committed to a permanent marriage. They cannot deliberately enter into a marriage with the intention of being temporary partners. If they do so, they will be abusing the sacred institution of Nikah against the purpose it was established for.

As for Misyar, we are unable to issue an official ruling without studying the issue from its original source, i.e. the marriage contract.

Newspaper articles have a proven track record of inconsistencies and unreliability. If you are in a position to secure a copy of the original contract, kindly forward it to us. We trust that Saudi Arabia, being a Muslim country with abundant Ulama, would not recklessly develop or sanction something which will compromise the spirituality and Imaan of millions of Muslims.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

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