Fatawa of Sheikh Muhammad bin Hizam Al-Ba'dany
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Miscellaneous Fatwas and Islamic verdicts from the Quran and Sunnah, and authentic statements of the Companions and Salaf, and general Guidance and Advice from the Methodology of the Salaf and Creed of the Rightous predecessors
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In the Name of Allฤh, the Entirely Gracious, the Exclusively Merciful

๐Ÿ“ฉ Question:

The questioner asks: What is the ruling of Mutโ€™ah Nikaah?

๐Ÿ“ The answer:

Mutโ€™ah Nikaah means for a man to marry a woman for an appointed time period, so he stipulates at the time of the contract that the time period of the marital contract is one month, or two months, or for a few days, and this type of marriage is Haram, impermissible and it is a null marital contract.

The Prophet (๏ทบ) gave concession for this type of Nikaah at the beginning, then he prohibited it. The Prophet (๏ทบ) said:
(ุฅูู†ู‘ููŠ ู‚ูŽุฏู’ ูƒูู†ู’ุชู ุฃูŽุฐูู†ู’ุชู ู„ูŽูƒูู…ู’ ูููŠ ุงู„ุงูุณู’ุชูู…ู’ุชูŽุงุนู ู…ูู†ูŽ ุงู„ู†ู‘ูุณูŽุงุกู ูˆูŽุฅูู†ู‘ูŽ ุงู„ู„ู‘ูŽู‡ูŽ ู‚ูŽุฏู’ ุญูŽุฑู‘ูŽู…ูŽ ุฐูŽู„ููƒูŽ ุฅูู„ูŽู‰ ูŠูŽูˆู’ู…ู ุงู„ู’ู‚ููŠูŽุงู…ูŽุฉู ููŽู…ูŽู†ู’ ูƒูŽุงู†ูŽ ุนูู†ู’ุฏูŽู‡ู ู…ูู†ู’ู‡ูู†ู‘ูŽ ุดูŽู‰ู’ุกูŒ ููŽู„ู’ูŠูุฎูŽู„ู‘ู ุณูŽุจููŠู„ูŽู‡ู)
โ€œI had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her offโ€

So this Nikaah became impermissible and it is considered to be null. If a man agrees with a woman to marry for a specified time period then it is a marital contract which is null, and him consummating the marriage is considered as Zina (illegal sexual intercourse).

Mutโ€™ah Nikaah would end when the stipulatd time period had come to an end witout the need for divorce. Also, it was not from the conditions for a Wali (guardian) to be present, rather the consent of the woman only. Then this Nikaah became Haram. And all aid and assistance is sought from Allah alone.

Original Fatwa:
https://t.me/ibnhezam/16803

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