# Is mut'ah (temporary marriage) haram?

*Banning mut'ah: why he holds temporary marriage is not haram*

- URL: https://muftiabulayth.org/r/awhva-p9rto/s/1/
- Date: 2019-11-04 · Kind: question · Transcript tier: machine · Recording: Banning Mutah? | Mufti Abu Layth (0:03–8:50)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=AwhVA-P9rTo&t=3s
- Recording page: https://muftiabulayth.org/r/awhva-p9rto/

**Topics:** Polygamy and mut'ah; The marriage contract; Sunni-Shia dialogue

**Question as asked:** What about banning mut'ah?

**Summary (not a quotation; machine-made, unchecked):** Mut'ah is not haram in his understanding: the reports prohibiting it are contradictory and it is very hard to prove haram. Nobody is obliged to do it, and much of the hostility to it is anti-Shia sentiment.

## Longer summary

Asked about the banning of mut'ah, Mufti Abu Layth says he will discuss it in detail another time but that in his understanding mut'ah, a temporary, low-commitment marriage between two adults, is not haram, in line with a twentieth-century Maliki scholar and a contemporary Moroccan Maliki scholar whose book offers a revised Sunni reading of mut'ah (both names are garbled in the transcript [?]). He says the reports that allegedly prohibit it are contradictory and do not stand, that he understands the moral argument, but that if two adults agree between themselves it is nobody else's business. He argues that much of the emotion against mut'ah comes from anti-Shia sentiment, and points out that most Sunni scholars, with a thorough discussion attributed to Ibn Abd al-Barr [?], permit marriage with a hidden intention to divorce, which he finds problematic for its deception. He says he does not urge anyone to do it, suggests it might offer part of a solution to the modern question of a couple's compatibility, jokes about opening a mut'ah bureau, and says that from the Sunni perspective there is much evidence that it is not haram and it is very hard to prove it haram. He closes by recounting a YouTube debate in which a Moroccan Salafi shaykh [?] taunted the Maliki scholar about his daughter, a line of argument he calls absurd, since believing something permissible does not oblige anyone to do it.

## Sources and names cited

- mut'ah (temporary marriage)
- nikah bi-niyyat al-talaq (marriage with the intention of divorce)
- Ibn Abd al-Barr [?]
- Mohamed al-Fizazi [?]
- Maliki school
- Shia
- Sunni
- Salafi
- haram

## Transcript (machine tier, 0:03–8:50)

[0:02] somebody's asked about banning Mota look I will do a detailed discussion on moat on another occasion but motorized not Haram in my understanding Mota is if a person was to have a a low level low commitment let's say relationship it is obviously it's going to be it's going to be a sexual relationship it's it's not going to be it's not gonna be like I

[0:40] know I'll be statistical care Nnamdi mama Vanja uncle and nephew that's not what I mean so Utah is basically a temporary marriage there's nothing in my understanding and this is in line with great scholars like if Naraku was a great Maliki legend of the 20th century and which that his in his own right him and other people of recent times there's the Maliki scholar in Morocco who's

[1:17] authored a great book which I've got here somewhere it's cool Matar Kara item JD de phil phik assumed me that it's a revised reading of the Sunni tradition of the Sunni perspective on Mata and it's very interesting because when you analyze the actual concept of Matan you look at things like the hadith that allegedly prohibit maha they are very contradictory and they

[1:55] don't seem to stand now I get the fact that people I get the moral argument I do get that but in all honesty the way I see it is if it's two adults who between themselves you know have an agreement on what they doing who gives a damn what other people think you know that's that's my perspective on these things I do think that there there's a lot of loaded kind of emotion against Mutara which is based on the anti-shia sentiment so because

[2:34] Sonny is in general will obviously not like the Shia and the Shia have become known for the concept of Mitaka because they defended it so the Sunnis have really hated on the concept of Mata and they've really killed it and they've made all these kind of insults about it and stuff like this but in all honesty you know the Sun needs themselves we in all our books of tradition they say things like Oh Anika be near that the lock is fine you know that you can marry someone and in your mind without telling her you know intend to divorce her

[3:14] shortly after and even hog the bar there's a great Maliki legend you know which they hid in his estate scarab ring has a thorough discussion on this thing this is absolutely permissible according to almost the outright majority of all Sunni scholars so and I would find that problematic that you know that that has a level of deception I would feel but what are at least they both agree they think that look fine you know this is how it's just a short term short term short term experience it's just it's

[3:51] it's just a what do they call their you know when you catch a bus you have the day they savor just a day savor pass just a few hops when you catch in a bus right so but this is why if it was mutual understanding remember this no this is not to say oh people need to do this but if people wanted to do this who's to say Haram and and I feel that it might even

[4:30] provides some part of a solution in the modern problem of whether a couple Islamically if a whether a couple are even compatible so let's say a couple were to make us nowadays compatibility how'd you even know compatibility and you know an absolute spanner in the works is sexual compatibility how do you know that so there's a solution I think maybe I should open a web site offering what ah

[5:09] and so all people could kind of get on there it could be like a motor motor Bureau your pass expires you can buy a pass and expires within a certain days [Laughter] [Music] but I look I I don't see the big deal because nobody's you know people that get worked up about motor ha one if I'm gonna be honest I think that they just jealous against the Shia I'm just gonna be honest I think they just hate on the Shia because of one sectarian hate and two because they just jealous that they

[5:48] wish they could do it three I think look from the Sunni perspective there's so much evidence that it's not Haram and it's very it's very difficult to prove it Haram so and the fourth most important point is nobody saying you have to do it nobody's saying you have to do motile you know if you four boys don't want you to do it that's what that's and you know a dumb thing that people say and and the Salafi this this color I spoke of this Maliki contemporary his name's ignores rock and he has a debate on YouTube

[6:25] about this with a with chef was the Salafi Moroccan scholar chef fazzazi facade EFA's se but anyway he's debating him it's on YouTube about Mota ha and then that Salafi shape says and this is the dumbest the dumbest of things oh okay if you believe what is halal he says to the ship okay I'll do what are with your daughter I mean what are dumb this war despicable you see that's like saying oh just because you believe in

[7:04] Nika is halal getting married is challah okay marry me you daughter because you believe in the concept I mean what a dumb statement oh it looked it's like oh is that how you argue oh so you believe this is halal so okay let me do this with that so that guy says to him that look he says that he responds by saying something like look first of all he says that that just shows how pathetic you are

[7:41] and secondly halal or not even if this was a regular marriage he says I've never marry my daughter off to you because he says you're just an idiot so the point is that look this is not some kind of you know truth-o-meter that you measure the truth by saying oh if you believe this is okay alright so how about if that's how it worked it's like okay sure if you believe oral sex is permissible well there's only one way to

[8:19] find if you truly believe it's permissible so I mean this is not how you know this is not how a logic or reasoning works well may the Lord of mercy on us lot of mercy right so people let's take a look at some other questions what's going on what's going on

## Cite

Mufti Abu Layth Archive, segment AwhVA-P9rTo/s/1. https://muftiabulayth.org/r/awhva-p9rto/s/1/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.