Temporary Marriage is a Last Resort in Case of Necessity not a Means of Debauchery

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His eminence’s open letter to the Shaykh of Al Azhar:

Temporary Marriage is a Last Resort in Case of Necessity not a Means of Debauchery

Dear brother! I read your speech on temporary marriage; I directly say that your speech was rather astonishing to me and it left me disgruntled and aggrieved, because I never expected you to use such a language with respect to other Islamic schools of thought. Your words were fierce and provocative, while you used to be a proponent of moderation, fairness, and reliance on compelling logic!

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According to the News, the Shaykh of Al Azhar has given a hateful speech on the Egyptian media, severely criticizing the Shia Muslims for believing in the legitimacy of the “temporary marriage”, making a number of mistakes with regard to this issue. This comes as a surprise, as he would always speak and take stances toward the proximity of the Islamic schools. What follows is a response to his remarks:

 

Grand Ayatollah Makarem Shirazi’s open letter to the Shaykh of Al Azhar, Dr. Ahmed al-Tayeb, in response to his fierce criticism of the School of the Ahl-al-Bayt (ʿa) concerning the issue of temporary marriage.

 

In the Name of Allah the Beneficent the Merciful

Dear brother and scholar Dr. Ahmed al-Tayeb,

Shaykh of the Respectable Al Azhar

Assalamu alaikum wa rahmatullahi wa barakatuh

 

I hope this letter finds you well and that Allah the Almighty assists you in performing the obligatory religious acts and serving Islam and the Muslim Ummah, for Allah is indeed All-hearing and it is He who answers the prayers!

We have always commended your constructive efforts toward strengthening the spirit of fraternity among different schools within the Muslim Ummah. These attempts have, indeed, been blessed ones as they have aimed at eliminating schisms in the strong structure of the Muslim Ummah. Moreover, these attempts would strip those who bear ill-will against Islam of the opportunity to strike a blow against the religion.

History will never forget your wise and courageous stances against the proponents of the unfounded Wahhabi school, who made every attempt to dominate the Al Azhar in order to further their sinister aims. These stances of yours will forever remain as a stellar record in the history of the Al Azhar.       

Dear brother! The news outlets broadcast your speech on temporary marriage, and I explicitly say that it was as astonishing to me as it was disgruntling. This is due to the fact that we never expected you to use such a language with respect to other Muslim schools of thought. Your words were fierce and provocative, while you used to be a proponent of moderation, fairness, and reliance on compelling logic!

Your speech was like an all-out war on the school of the Ahl-al-Bayt (ʿa) because of the issue of temporary marriage. However, you did not stop at that and you also severely criticized those Sunni Muftis, who intended to issue positive fatwas about temporary marriage, and called such fatwas a betrayal of the religion. This is truly a strange reaction on your part as it is completely without precedence in the history of Islamic jurisprudence.

As it is generally accepted, Ibn Abbas would allow it (temporary marriage) in his fatwas; do you think it is right to accuse him of perfidy and betrayal? Do you not think that you have uttered slander and concealed the truth about the issue of temporary marriage, despite the evidence there is about its permissibility?

 

A number of points are worth noting at this point:

  1. Temporary marriage is not a means for the capricious and homosexuals to justify their licentious behavior! It is exactly out of fear of such misuses that, when we are asked to issue fatwas regarding it, we have stipulated in our fatwas that temporary marriage is only permissible in cases of absolute necessity. Examples of these are when a person is far from his family and he fears that if he does not act based on this fatwa, he would fall into sin and vice, or when a person is single and, despite his dire sexual needs, he does not have the means to get married (permanent marriage). Thus, we are not mistaken if we call temporary marriage, “marriage out of necessity”. The traditions of the Ahl-al-Bayt (ʿa) corroborate this stance.
  2. What follows is evidence derived from the remarks of the prominent Sunni scholars about the fatwas of Ibn Abbas in this regard; these pieces of evidence are rather enlightening and profound in indication and they might help eliminate the distorted picture which exists in the minds of the majority of jurists concerning temporary marriage.  

 

  • In his book entitled “Tabyīn Al Ḥaqāiq”, Al Ziʿali has explicitly stated the following while discussing the sentence “و بطل نکاح المتعه” (temporary marriage has been called invalid”: “Mālik has stated that temporary marriage is permissible because it is religiously lawful.

Thus, it must remain binding as a religious decree until some abrogating piece of evidence is found against it. Moreover, It is well-known and generally accepted that Ibn Abbas issued fatwas calling temporary marriage lawful, and many of his disciples from Yemen and Mecca also followed him in this ruling.

The following Quranic verse has been referenced as proof for the legitimacy of temporary marriage: “فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ” (and women with whom you have temporary union, it is obligatory upon you to pay them their nuptial gift).

With respect to this issue, ʿAṭā’ has quoted Jābir as saying: “we practiced temporary marriage as a lawful Islamic rule during the time of the Messenger of Allah (ṣ), the caliphate of Abubakr, and half of the time when Umar ruled as caliph”. Then, according to Abu-Saʿīd al-Khudrī, Umar prohibited people from practicing it but the Shiʿas continue to believe it is a binding religious rule”[1].

 

  • In his book entitled “Bidāyah Al Mujtahid”, ibn Rushd has made the following remarks:

“Most of the Prophet’s companions and jurists from all countries have considered temporary marriage to be prohibited. It is well-known and widely accepted that Ibn Abbas decreed it to be lawful, and his disciples from Yemen and Mecca followed him in this ruling.

According to Ibn Abbas’s disciples, he would cite the verse “فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِیضَةً وَلَا جُنَاحَ عَلَیْکُمْ” and the phrase “إلی أجل مسمی” (for a specified term) as evidence for this ruling of his.

Moreover, Ibn Abbas has been quoted as saying: “the law of temporary marriage is but mercy and kindness from Allah the Almighty. He showed mercy to the Ummah of Muhammad (ṣ) by this law and had Umar not prohibited people from acting based on it, no one would have committed adultery except wretched criminals”.[2]

 

  • Al-Thaʿlabi has stated the following in his book “Al Kashf wa Al Bayān”: “… as I stated earlier, no one except ʿImrān ibn Al Ḥusayn, Abdullah ibn Abbas and some of his disciples, and a group of the Ahl-al-Bayt (ʿa) considered temporary marriage to be permissible”.

Following these remarks, he has referred to the Quranic verse about temporary marriage and said: “there is considerable controversy as to whether this is an abrogated or non-abrogated verse. Ibn Abbas believed that it is a non-abrogated verse which has authorized temporary marriage”[3].

 

  • In his review of the book “Al Muwṭṭa’”, al-Zarqānī has made the following remarks: “He continues his discussion of this issue (having said that everyone except the Shiʿas are against it) by saying: “some of the Prophet’s (ṣ) companions like Jābir, ibn Masʿūd, Abu Saʿīd, Muʿāwiyah, Asmā’ bint Abubakr, Ibn Abbas, Amr ibn al-Ḥuwayrath, Salamah, and a group of second generation Muslims have considered temporary marriage to be permissible.

There was some controversy as to whether Ibn Abbas later changed his stance in this regard and prohibited temporary marriage, which was settled when ibn ʿAbd al-Barr said that Ibn Abbas’s disciples, who were from Yemen and Mecca, considered temporary marriage to be lawful””[4].

  • Ibn Ḥazm has stated the following with regard to this issue in his book “Al Muḥallā”:

“It has been proven that temporary marriage has been considered lawful by some of the early Muslims after the demise of the Messenger of Allah (ṣ). These individuals, some of whom were among the companions of the Prophet (ṣ), are as follows: “Asmā’ bint Abubakr, Jābir ibn Abdullah, Ibn Masʿūd, Ibn Abbas, Muʿawiyah ibn Abisufyan, ʿAmr ibn Ḥurayth, Abu-Saied al Khudrī, Salamah, Maʿbad Abnā Umayyah ibn Khalaf …””[5]

 

  • Ibn Taymiyyah has made the following comments on temporary marriage in his book “Majmūʿ Al Fatāwā”:

“Temporary marriage is better than permanent marriage due to three reasons … the second reason is that Ibn Abbas and a number of other early Muslims considered it to be permissible”[6].

  • In his book titled “Al Mabsūṭ” al-Sarakhsi has expressed the following:

“As regards the issue of temporary marriage … we consider it unlawful, but Mālik ibn Anas believes it is lawful based on the fatwas of Ibn Abbas”[7].

 

The evidence presented above was about the fatwas of Ibn Abbas, a number of other companions of the Prophet (ṣ), second generation Muslims, and Sunni scholars concerning this issue. Considering these pieces of evidence, is it right to level such accusations at just anyone who issues a fatwa, authorizing temporary marriage?

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  1. You have stated in your speech that: “… this is the issue of temporary marriage, and any marriage formula which is recited with the intention of concluding a temporary marriage contract is, based on the consensus of all Sunni scholars, invalid …”  

In this part of your speech, you have claimed that there is a consensus among all Sunni scholars against temporary marriage. However, the evidence which is presented above indicates that such a strong claim about the existence of such a consensus is, at least partly, based on your personal opinions.

One of your scholars has also addressed this issue, stating:

“There is a partial consensus among Sunni jurists about this issue being unlawful. I say “partial” consensus because there are traditions indicating that Ibn Abbas considered it permissible, not to mention most of his disciples like ʿAtā, Tāwūs, and Ibn Jurayḥ have authorized it as a legitimate practice …

… Similarly, Abubakr has also had a different opinion [than yours] with regard to this issue; he was of the opinion that temporary marriage is abominable (Makrūh) not unlawful. This is because, once Ibn Manṣūr asked Ahmad’s ruling in this regard and he answered: “I prefer avoiding it”. He further explained that what appears from this remark is that temporary marriage is abominable (Makrūh) not unlawful …”[8]

 

As it is clear, there is no complete consensus, the way you have claimed, among Sunni scholars about temporary marriage being unlawful. The specific method and style of Islamic jurisprudence dictates that in such cases, instead of making such strong claims, one say: “The dominant doctrine adopted by the Sunni scholars is that this issue is unlawful”.

You have, then, continued your speech, stating: “The Twelver Shiʿas have opposed the Sunnis by calling temporary marriage permissible, and they have practiced it based on their own traditions and personal understanding of some Quranic verses. However, Sunni scholars have rejected and refuted their opinion. In response to this belief of theirs [i.e. the Shiʿas], Dr. ʿAli Ḥasabullah has stated the following:

“Do not cite the Quran to justify this belief of yours, because there is not a single word in the Quran which indicates that temporary marriage is permissible …””.

It is noteworthy that you have claimed, in your speech, that there is a consensus among all Sunnis about temporary marriage being unlawful and you have used your own claim as proof. However, you have neglected the fact that all of the Imams of the Ahl-al-Bayt have issued fatwas, calling temporary marriage permissible. Moreover, in keeping with their Imams, all of the Shiʿa jurists have also considered it to be permissible.

Now, the question is whether it is right to base all your judgment on the first consensus (i.e. the Sunni consensus) without taking the second consensus (i.e. the Shiʿa consensus) into account?

This is while you stated, in your interview with Al Nīl TV that, according to the fatwa of the late Shaykh “Maḥmūd Shaltūt”, the Imamate Shiʿa School is counted as the fifth Muslim school and there is no issue with some Muslims moving from other schools to this school, and that becoming a Shiʿa is permissible for Sunni Muslims just as moving from the Mālikī school to the Shāfʿī school is permissible!

Now why is it that you have totally disregarded the second consensus?

What is even worse is this remark of yours: “The Sunni scholars have rejected and disproven their (the Shiʿas’) views [with regard to temporary marriage]” after which you have referred to the assertions of Dr. ʿAli Ḥasabullah as proof.

These remarks are truly curious, because they are mere claims, and since when have Muslim scholars accepted mere claims as evidence in their scientific arguments? This is a mere speech where a number of assertions have been made without any evidence or proof to support them, hence, they neither prove anything nor yield any result.

Additionally, there are the following remarks which are well-known as having been narrated from Umar ibn Al Khaṭṭāb: “… there were two Mutʿahs which were permissible in the time of the Prophet (ṣ) and I now prohibit them, and anyone who engages in them I shall punish: first Mutʿah (temporary marriage) with women and, second, the Mutʿah of Hajj …”[9]

Let us now take a look at the remarks of “Abdullah ibn Umar” about the Mutʿah of Hajj, as transmitted in the book “al-Sunan” by al-Tirmidhī:

“… ibn Shahāb has narrated from Sālim ibn Abdullah who quoted a man from the Levant as saying: “I heard a man from the Levant ask Abdullah ibn Umar about the Mutʿah of Hajj; Abdullah replied: “it is permissible”. The man said: “but your father prohibited it”. Abdullah replied: “And if my father prohibited it while the Prophet of Allah (ṣ) had actually laid it down? Do you think my father should be obeyed or the Messenger of Allah (ṣ)?” The man answered: “surely the Messenger of Allah must be obeyed”. Abdullah said: “and this rule (i.e. the Mutʿah of Hajj) has been laid down by the Messenger of Allah (ṣ)”””.

Al ‘Abānī has stated that this is an authentic tradition.

Thus, we too obey the Messenger of Allah (ṣ) with regard to temporary marriage and put aside the views of Umar in this regard, just as his own son Abdullah did!

It should be noted that there is an obvious and clear reason behind this stance of Abdullah ibn Umar against the view of his father. The fact of the matter is that, contrary to what Fakhr al-Rāzī and others like him claim, the prohibition of these two types of Mutʿah was merely a personal decision made by Umar, as he himself also openly admitted, and it did not reflect the view of the Messenger of Allah (ṣ) concerning these two issues. It is because of this undeniable fact is that the attempts of Fakhr al-Rāzī and those like him, who have striven to justify this “personal decision” by Umar, have always been in vain.[10]

It is also noteworthy that Abdullah ibn Umar has done a great deal, through these remarks, toward disambiguating this issue and uncovering a very important fact. The cold fact is that, when it comes to the issue of the two Mutʿahs, people like Fakhr Rāzī have created pretexts through calling the related Quranic verses and Prophetic traditions “abrogated”, as well as claiming the existence of a consensus among Muslim scholars against them, merely to justify Umar’s view about these two issues.

They have, in effect, given “individuals” precedence over the “Islamic heritage and traditions”, and they have even been ready to sacrifice these valuable heritage and traditions to defend an individual, i.e. Umar. Apparently, this approach, which is unfortunately a dangerous one, has been followed by these people constantly and systematically.

******************************************************************

 

  1. The kind of picture which you present regarding the Shiʿa laws of temporary marriage is an incomplete, distorted, and unbalanced one. This is itself a breach of the principle of honesty in science which necessitates scientists and scholars to be honest, fair, and impartial when quoting other people’s views. Quite frankly, you have spoken diplomatically rather than scientifically on this subject!

This is while when you first took office as the head of the Al Azhar you promised the following in the conference of “Dialogue among Religions” in Washington DC:

“The difference between us and the Shiʿas is much like the difference between me, as a Mālikī Sunni, with a Ḥanafī Sunni … and we strongly support this view and are committed to it and we will prevent these issues to be used in political games”.

What has brought you to go back on your own promise?

We hope that everything will return to its right course, that everyone will speak about scientific subject in ways that are acceptable to scholars, and that we will all be committed, in the most fundamental issues of the Ummah, to the principles of constructive discourse.

 

In, yet, another part of your speech, you have stated the following regarding temporary marriage:

“Temporary marriage is a short union of a man and a woman, done merely in order to satisfy their sexual desires …”

It should be kept in mind that the purpose of temporary marriage is not merely satisfying sexual needs, but also satisfying the dire emotional needs of a couple, which are sometimes even more important than satisfying their sexual desires.

As it was discussed above, this type of marriage is only resorted to in case of absolute necessity. In other words, it is authorized only when a person is under such an intolerable pressure due to their sexual needs that, if they did not have this last resort, they might even be driven mad! Under such circumstances, if temporary marriage were to serve only as a means of easing the intolerable pressure which millions of men and women are under due to their sexual needs, it would still be a religiously permissible thing to do!

******************************************************************

  1. In another part of your speech you said:

“… What free-spirited woman would accept this humiliation? Would she not be selling her body to a paltry sum if she were to do such a thing? What is the difference between such a woman and a prostitute …?!”

I am truly sorry! Do you mean to say that when the Prophet (ṣ) decreed during the early years of Islam that people were allowed to practice temporary marriage this was a decree which degraded free-spirited women that it was the same as selling their body for a paltry sum, and that women who actually got married this way were considered prostitutes?

If you do not mean to say such a thing, you must know that temporary marriage is done on the same decree and for the same reasons as before. Temporary marriage is a marriage contract between a man and a woman, both of whom have been forced by their dire needs to enter this contract, so that whenever they will, they recite the marriage formula after which they can enjoy each other’s company for a specified term. This is very much like the conditions of permanent marriage.

I am overcome by intense grief every time I see that the decree of Allah (swt) is being described using such a language, even if we were to assume that it is an abrogated one.

Temporary marriage is no different than permanent marriage, with only some of its conditions being different from permanent marriage. This is not an unprecedented issue as some of the Sunni jurists have authorized Misyār marriage (traveler’s marriage). In this kind of marriage, unlike permanent marriage, the man is not bound to pay alimony to the woman or to provide her with housing. Many Sunni jurists have freely issued fatwas, authorizing this kind of marriage, and no one has accused them of perfidy and betrayal due to such fatwas! What difference is there between temporary marriage and traveler’s marriage?!

As regards your discussion on the tranquility and affection which is created through marriage, it should be noted that these are regarded as the Ḥikmahs (probable outcomes) of marriage not the necessary conditions of and the reason why the law of marriage has been laid down. This is why even when a permanent marriage does not yield tranquility and affection for the couple, it is not automatically annulled.

In addition, sometimes all of these blessed outcomes are achieved in a temporary marriage, because such a marriage is not necessarily for a short period of time, and it might last for months or even years. Clearly, there is a good chance that a couple, who live together for months or even years, will find tranquility and love. Therefore, these issues are not acceptable proofs for the rejection of the legitimacy of temporary marriage.

******************************************************************

Another point which you have made during your speech is the following:

“Al Azhar hereby declares that temporary marriage is prohibited, and that it is the same as prostitution”.

Is it prudent for the Al Azhar to describe the fatwa of one of the five schools of Islam, which it has recognized, as “like prostitution”?! This is while, according to Saḥīḥ Muslem, the Messenger of Allah granted “ʿĀm Awṭās” permission to engage in temporary marriage three times[11]. Do you mean that, God forbid, the Prophet (ṣ) granted permission for indecency?!!

Based on, yet, another tradition transmitted in Saḥīḥ Muslem, Jābir ibn Abdullah is quoted to have said: “we would practice Mutʿah (i.e. temporary marriage) in the time of the Prophet (ṣ), Abubakr, and Umar”[12].

Similarly, in another tradition in Saḥīḥ Muslem, he (Jābir) has been quoted as saying: “we used to act based on the law of Mutʿah in the time of the Prophet (ṣ) and Abubakr, but Umar prohibited people from practicing it following the story of “ʿAmr ibn Hurayth”[13].     

Strangely enough, after so much repudiation of the issue of temporary marriage and exaggeration about how prohibited it is, the Sunni jurists have stated the following regarding it:

“Although this issue is an illegitimate one, there are certain laws about it which must be observed:

  1. The laws of divorce will not apply to a woman who has engaged in temporary marriage; similarly, the laws of ’īlā’ (when a husband swears that he would abandon having intercourse with his wife) Ẓihār (the injurious assimilation of one’s wife with one’s mother, daughter, or sister) and Liʿān (conjugal anathema) will not apply to a temporary marriage. Moreover, in this kind of marriage the husband and the wife will not inherit from one another and will not be subject to the laws of Iḥṣān. Finally, it is not permissible for a man, who has divorced his wife three times, to marry her temporarily”.
  2. In a temporary marriage, the man is not bound to pay the woman her conjugal rights, including dower, alimony, etc. as long as he has not had sexual intercourse with her. Once they have intercourse, the woman will be entitled to the mahr al-mithl (a sum of dower equal to the dower of women belonging to the same social status) and not the mahr al-musammā (the sum of dower with is stipulated in the marriage contract). Furthermore, the reason why in the Shāfeʿī school, in the words ascribed to “Ahmad”, as well as in Mālikī School, the mahr al-musammā should be paid is that they consider the stipulated time as having impact on the amount of the dower. On the other hand, the Ḥanafīs hold that if the man has had intercourse with the woman, and in case they have specified the dower, she will be entitled, between the “specified dower” and the “proper dower” (Mihr al Mithl), to whichever is lesser in amount. However, if they have not specified the dower, she will be entitled to “proper dower”, whatever it may be. However, the Mālikīs and Ḥanbalīs believe that, after intercourse, the woman is definitely entitled to the “specified dower”, and this is the view of “Al Lakhmī al-Mālikī”.     
  3. If the woman gets pregnant during the term of her temporary marriage, the child will be legally related to the man who has had intercourse with her, whether he considers this kind of marriage legitimate or not. This is due to the fact that the man has had intercourse with the woman under conditions which are similar to those of a couple bound by a marriage contract. According to the fatwa of the Ḥanafīs, the time for determining who the child is related to will be calculated from the time of the sexual intercourse.
  4. The laws of Maḥramiyyat (which apply to the married couple and their in-laws) pertaining to a permanently married couple will also apply to couples joined in temporary marriage after having intercourse.
  5. A person who engages in temporary marriage will not be condemned to prescribed penalty for adultery, because prescribed penalty cannot be levied in doubtful cases (الحدود تُدرأ بالشبهات). In this case, the doubts relate to the differences of opinion concerning the legitimacy of temporary marriage. Therefore, if someone engages in it, knowing that it is a prohibited act, he will be condemned to discretionary punishment (al-taʿzīr), because of committing a transgression. However, such a person will not be condemned to prescribed punishment (al-ḥadd) or expiation[14].  

 

In the end, I would like to reiterated and emphasize that temporary marriage is not a means of satisfying some people’s sexual frenzy, or to satisfy their insanely insatiable sexual desires. According to the school of the Ahl-al-Bayt (ʿa) temporary marriage is a solution that Allah (swt) has put forward for dealing with some of the problems of humanity.

This solution, as it appears in the traditions of the Prophet’s (ṣ) Ahl-al-Bayt (ʿa), is peculiar to urgencies not a means of debauchery for those who have sinful thoughts in mind.  

In another part of your speech you have asked Muslim boys and girls to question those who have issued fatwas, authorizing temporary marriage:

“Ask those who have ruled temporary marriage as a permissible practice! Ask them whether they can accept their own daughters to engage in temporary marriage! When they say that they cannot accept it, you tell them: “so you should also fear Allah about other Muslim girls …””

In response to this remark it should be said that, firstly, it was the Prophet (ṣ) who first laid down this law, thus if anyone were to be reprimanded for it, the Prophet (ṣ) [God forbid] would deserve, more than anyone else, to be reprimanded! Secondly, as it was reiterated above, temporary marriage is a last resort in urgencies, thus, it does not mean that anyone who rules it as permissible practices it himself! A jurisprudent’s job is to derive religious laws from the Quran and the tradition, and he is not to be accused of practicing every single issue which he gives a ruling about!

Certainly these are obvious matters and, it appears that, such questions have been put forth merely with the intention of creating some difficulties for anyone who issues such a fatwa. However, I do not believe that such propaganda, whose purpose is provoking people and manipulating their feelings, is a proper and suitable way of dealing with jurisprudential issues!

It is only fitting that, such serious and important jurisprudential issues be studied and discussed in academic centers using logical and scientific methods, away from all sorts of religious bias. Reverting to propaganda, using an angry and provocative language on mass media, will only pave the way for those who are impatiently waiting to strike a blow to Islam and the Muslim Ummah!

We all hope that, under the current adverse conditions of the Muslim Ummah, we can all work toward silencing the voices which seek nothing but to stoke the flames of sectarian divisiveness and war, and to spread hatred and animosity everywhere. I also hope that we will hear good words from you, as always, just like your name (Tayeb); words which will result in the proximity of Muslim schools and the unity of the Muslim Ummah, and which will bring about the satisfaction of Allah (swt), His Prophet, and the Muslim people.             

 

I wish you a long and healthful life, and a good end;

May Allah watch over you

Wassalamu alaikum wa rahmatullah

Your brother, Naser Makarem Shirazi

Shawwāl 20, 1438 AH/July 15, 2017.

    

      

 

        

 

 

[1] Tabyīn Al Ḥaqāiq fi Sharḥ Kanz Al Daqāiq: 2/115.

[2] Bidāyah Al Mujtahid wa Nahāyah Al Muqtaṣid: 2/47.

[3] Al Kashf wa Al Bayān: 3/286-287.

[4] Sharḥ Al Zarqānī ʿalā Al Mawṭā’: 3/199.

[5] Al Muḥallā: 9/519-520.

[6] Majmūʿ Al Fatāwā (by Ibn Taymiyyah): 32/93.

[7] Al Mansūṭ: 5/152.

[8] A research paper entitled: Zawāj Al Mutʿah wa Al Zawāj al Mu’aqqat wa Al Zawāj bi Niyyah Al Ṭalāq. Source: Qism Al Abḥāth Al Sharʿīyyah bidār Al ‘Iftā’ Al Miṣriyyah.

http://www.dar-alifta.org/viewbayan...d=296&langld=1

[9] Sunan Al Beyhaqī: 7/206.

[10] Refer to: Al Tafsīr Al Kabīr: 10/50 (publisher: Dār Al Kutub Al ʿIlmiyyah, Tehran. In the commentary of the verse “فما استمتعتم…”).

[11] Ṣaḥīḥ Muslem: 2/1033, hadith No. 18 (publisher: Dār ‘Iḥyā’ Al Tirāth Al ʿArabī).

[12] Al Maṣdar Nafsih, Hadith No. 15.

[13] Al Maṣdar Nafsih, Hadith No. 16.

[14] A research paper entitled: Zawāj Al Mutʿah wa Al Zawāj al Mu’aqqat wa Al Zawāj bi Niyyah Al Ṭalāq. Source: Qism Al Abḥāth Al Sharʿīyyah bidār Al ‘Iftā’ Al Miṣriyyah.

http://www.dar-alifta.org/viewbayan...d=296&langld=1

 

 


Published on: « 2017/7/25 »

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