Rules of Mut’ah (temporary marriage) in Islam

October 1, 2018 by Admin Posted in All Q&A, Islamic Laws, Marriage Tagged Marriage, Muslim, Mutah, Sahabah, Shia, Sigheh, Sunni, Temporary Marriage

Question 079: What is the rules of Mut’ah (temporary marriage) in Islam? My husband told me that its not allowed for single women ( whom never been married which consider as virgin) to enter mutah marriage? The reason im asking this in this forum because I’m tired to hear many of Sunni ‘s Muslim disrespect Shia Muslim. Thanks

Answer 079: Before beginning this debate, two points need to be mentioned:

1) This issue is a fiqhi one, therefore it originally needs to be analyzed in the right place by Sunni and Shia fiqh experts (fuqaha’) along with Quranic and hadithic reasoning and without any negative propaganda and making noise or insult by any of the two sides. Read More

A Shia woman cannot marry a Sunni man?

April 23, 2018 by Admin Posted in All Q&A, Islamic Laws, Marriage Tagged Ahlul Kitab, Marriage, Mutah, Non-Muslim, Permanent, Rashidah, Shia, Sunni, Temporary, Wali

Question 612: Salam, I am a sunni Muslim and married too, I am in love with one girl she is Ahle Tashi, can you tell me what is the process of doing Muta? Please keep in mind she doesn’t have father or any other Wali over here, she is alone living with her mother and sister. Please guide me.

Answer 612: Islam has introduced temporary and permanent marriage as the legitimate ways of fulfilling one’s needs and desires. Temporary marriage refers to the marriage of a man and woman who have no barriers for doing so. It takes place with the consent of both sides of the contract and a specified dowry and timeframe. According to Islam, the validity of temporary marriage is contingent upon certain criteria being met, namely getting the father’s (and in the case of not having a father, the paternal grandfather’s) consent if the girl is a virgin. If the girl isn’t a virgin and has lost her virginity through legitimate marriage, her father’s consent is no longer a condition, but if it has been lost as a result of shubhah intercourse (mistaken/confused/accidental intercourse) or illegitimate intercourse (adultery), it is a preferred precaution to get the father’s consent^[1] (although it still isn’t mandatory). Also, if a girl wants to get married (temporarily or permanently) and neither has a father nor a paternal grandfather, there will no longer be any need for permission from anyone else (regardless of whether she is a virgin or not).^[2]

Nevertheless, the marriage of a virgin girl who hasn’t reached rushd (the stage in which one can distinguish between good and bad and can tell what is to his/her benefit) without the permission of her father is void.”^[3]

Ayatollah Sistani (ha) says: If a woman is over thirty years of age, and still virgin, and she is not independent, it is obligatory on her to seek the permission of her guardian for marriage. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.[4]

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,^[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.

The viewpoints of Shia scholars regarding the marriage of Shias with Sunnis are as follows:

Ayatollah Fazel Lankarani (ra): The marriage of a Muslim woman with a Non-Muslim man is batil (void), the marriage of a Shia woman with a Sunni man is makruh, the marriage of a Muslim man with a Non-Muslim woman is also void unless the marriage is a temporary one (mutah), and the marriage of a Shia man with a Sunni woman is okay.

Ayatollah Bahjat (ra): Temporary marriage with the People of the Book (Ahlul-Kitab) is correct and as an obligatory precaution it isn’t permissible to perform the marriage contract of a Shia girl or woman and Sunni man.

Ayatollah Sistani (ha): Getting married to the People of the Book isn’t permissible as an obligatory precaution. On the other hand, it is okay to get married with Sunnis if there isn’t any fear of going astray and losing Shia beliefs as a result.

Ayatollah Makarem Shirazi (ha): It isn’t permissible for a Muslim to get married to a Non-Muslim, while it is okay for Shia men to get married to Sunni women, but taken into consideration that there are chances of going astray for Shia women getting married to Sunni men, such a marriage isn’t permissible.

Note: Marriage between Shias and some “Muslim” sects such as: The Ghulat, The Nasebis and The Khawarij, who falsely claim themselves Muslim, but in reality are Kafirs, isn’t permissible.

For further information in this regards, please refer to the following answer:

Index: Permanent or Temporary marriage of a married man without the permission of his wife, answer 565.

Index: Rules regarding temporary or permanent marriage with people of the book, answer 080.

Index: Premarital relation with non-Mahram is impermissible, answer 082.

Index: Looking at non-Mahram Body for Marriage, answer 611.

Index: A Shia Muslim woman cannot marry a non-Muslim man, answer 342.

Index: Essential Requirements of a Successful Marriage in Islam, answer 515.

Index: A Muslim Woman Cannot Marry a Non-Muslim Man, answer 576.

[1] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 459, issue 2377.

[2] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 387, issue 2376.

[3] Question 1483 (website: 1530).

[4] . The official website of Sayyid Sistani (ha), Q&A: Permanent Marriage.

[5] Naser Makarem Shirazi (kharej fiqh lessons on nikah [marriage], academic year 1381-1382 on his official website); Seyyid Sadiq Rohani, Fiqhul-Sadeq, vol. 21, pg. 469, from the software of this book from the institute of Al-Imam Al-Rohani.

Mutah and Zina: Shia consider Temporary Marriage permissible

October 18, 2017 by Admin Posted in All Q&A, Islamic Laws, Marriage Tagged Marriage, Mutah, Sighah, Temporary, Umar, Zina

Question 201: What is mutah and zinah??

Answer 201: Zina denotes copulation with other than one’s legal spouse (permanent or temporary), which the Quran labels as a grave sin, about which Allah has said: “Do not approach fornication. It is indeed obscene and an evil way.”,[1] Temporary marriage refers to a marriage in which a man and woman without any restrictions of getting married, willingly, along with mentioning a specific mahr (dowry) and time length for the marriage, perform a marriage contract. This type of marriage has no talaq (divorce) and the couples are separated when the marriage contract’s time ends. Read More

The differences and similarities between Shia and Sunni

July 1, 2017 by Admin Posted in All Q&A, Traditional Tagged Ahlul Bayt, Imamat, Mutah, Shia, Sunni, Taqiyah, Tawhid

Question 187: What is the difference and similarities between (Shia and Sunni) the Ahlul Sunnah and Ahlulbayt (as) followers?

Answer 187: The discussion concerning such a topic is very extensive and this answer cannot incorporate all the details. We shall briefly mention, in two stages (e.g. beliefs and laws), those of the Shiite views which are opposed by Sunnis or a group of them:

A) Beliefs and Tenets of Shiite Religion:
Although Tawhid (oneness of God) is a principle common between the Shiite and Sunnit schools of thought, Shia believes that God’s attributes are the same as His Essence.
According to Shia, God cannot be seen in this world nor can He be seen in the Hereafter.
Unlike the Sunnis, Shia holds that it is not permissible on God’s part to punish an obedient and give rewards to a sinner.
Shia does not believe in determinism and compulsion.
The most important Shiite belief is the belief in Imamat. Shia holds that Imamat is a part of the fundamentals of faith and the successor of the Prophet must be inerrant and infallible and it is precisely because of infallibility, which is known by none other than God, that the imam (leader) after the Prophet should be appointed by God and that the Islamic governments should lead to Wilayah.
Obeying an oppressive and unjust sovereign is not permissible according to Shia.
Shia believes that Ahlulbayt in verse 33 of Chapter al-Ahzab refers to Fatima (daughter of the Holy Prophet (pbuh)) and the pure Imams (a.s.).
Shia is of the view that the prophets are infallible. They do not commit any sin, whether capital or minor.
Bada, Raj’at (return) and intercession are also some of the Shiite beliefs.
Shia does not consider all the companions of the Holy Prophet (pbuh) as just. There were different types of people amongst the companions. Some were just and some were hypocrites. Their fatwa (verdict) are not authoritative and valid for anyone.
B) Laws:
Taqiyah (dissimulation) is permissible according to Shia.
Mut’ah (Fixed-time marriage) is permissible according to Shiite viewpoint.
The gate of Ijtihad is open according to Shia.
Shia does not accept ta’sib and awl in inheritance.

Note: The principle of ‘awl (proportionate reduction) is applied by Sunni jurists when the estate of the deceased is ‘oversubscribed’ by Quranic heirs. Ta’sib is applied by Sunni jurisprudence to give priority to male agnates as heirs, and this results in many mathematical complexities in their system of inheritance. The only really significant difference between the Shi’ah and Sunni schools of jurisprudence in the laws of inheritance concerns the principles of “‘awl” and “ta’sib”. The Imamiyah jurisprudents have proved by means of ahadith from the Ahlu ‘l-bayt (a.s.) that there is no ‘awl or ta’sib in the matter of inheritance. This was also the opinion held by the great companions of the Holy Prophet. The well-known statement of Ibn ‘Abbas in which he speaks against ‘awl and ta’sib can be taken as authoritative. There are also other grounds of proof for negating these two principles.[1]

According to Shia, combining between two prayers is permissible.
“Hayya ‘ala Khayril ‘Amal” (Hasten to the best acts) is a part of the Adhan.
It is permissible to visit the Infallible Imams’ graves (we believe that not only visiting graves is not shirk (idolatrous) but it is very much a monotheistic act and there is a lot of reward in it.).

For further explanation, you can refer to some books written in this regard including: Al-Jawame’ wal-Fawareq bayn al-Sunnah wa al-Shia by Muhammad Jawad Mughniyah; Ma’a al-Shia al-Imamiyah fi Aqaedehim, by Ayatollah Ja’far Subhani, Islamic Beliefs in the Light of the School of Ahlalbayt by Ayatollah Ja’far Subhani.[2]

[1] . For further information in this regards, please refer to: Khums: Rules concerning Awl and Ta’sib, answer 324.

[2] . Adopted from IQ (with a few changes has been made on).

Al-Ahkam Al-Khamsah / Wajib, Haram, Mustahab, Makru and Mubah

February 21, 2017 by Admin Posted in All Q&A, Islamic Laws Tagged Ahkam al-Khamsa, Haram, Jaiz, Makru and Mubah, Mustahab, Mutah, Wajib

Question 341: As Salam O Ale Kum. What is meaning of Mubah? What action of shariah is Mubah in Islam? Does following any Mubah is haram upon Ahlulbait AS? Does Mutah comes under category of Mubah?

Answer 341: When it comes to the practical laws of Islam or what is known as “Ahkaam al-Khamsah” in Arabic terminology, we must say that every act that a duty-bound (mukallaf) does is either wajib (obligatory), haram (prohibited), mustahab (recommended) makrooh (abominable) or mubah (allowable). Read More

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,^[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.