by Shaikh Mumtazul Haq Malik
1.Mutah “was” practiced in the early years of Islam but then abolished like drinking alcohol , gambling and usury (riba) was initially allowed but then made unlawful. Nobody now says we should start drinking or gambling because it was permissible initially.
2. Mutah practiced by shias now is not the same as the mutah practised in the time of the prophet sallallaho alaihe wasallam. That was a proper nikah with witnesses , permission of the wali , a public affair, with responsibility of the afffairs and welfare of the wife etc BUT for a fixed period and even that was later abolished. The shia Mutah:
-is a secret agreement , fixed time , fix price , لا تكون متعة الا بامرين . اجل مسمى واجرمسمى “Mutah is not valid except with two conditions ; fixed time , fixed price . ( kaafi vol 5 P455).
– no witnesses, no permisssion of wali required ,
يتزوج منهن ما شاء بغير ولي ولا شهود
“He can marry (make mutah) from them as he pleases without wali or witnesses.”
(Kaafi vol 5 p 451 Chapts on Mutah)
– no responsibility for wife for anything …no nikah Ceremony …this is exactly same as prostitution.
3. If shias claim mutah is virtuous , then it’s virtue should be same for men and women. If shia men love mutah and their imams promote it then they should also offer their daughters , sisters , widowed mothers , nieces and aunties to young eager active shia men to gain the reward for this supposed “NOBLE” deed.
Even imam Baqir was asked,
يسرك ان نساءك وبناتك واخواتك وبنات عمك يفعلن .قال فاعرض عنه ابو جعفر حين ذكر نساءه وبنات عمه “Would you be happy if your women, daughters, sisters and cousins performed mutah ?”
Imam Baqir turned his face away (In disgust) when his women and cousin were mentioned.” (kaafi vol 5 p 449 chapt on Mutah) So if Mutah was good, permissible and virtuous then why would Imam Baqir rahimahullah turn away in disgust.
Because it (shia form of mutah )is immoral and shameful.
4. Mutah in time of the prophet sallallaho alaihe wasallam (during the period in which mutah was practiced) was “only” practiced in journeys and times of war. There is not a “single” incident reported in saheeh sunni narrations of anybody doing Mutah while they were resident in Makkah or Madinah.
5. Hazrat Umar did not make it Haraam. The prophet sallallaho alaihe wasallam made it Haraam . Hazrat Umar radhi Allaho anho only enforced it because many people were not aware that it had been made haraam for good.
6. Any matter legislated during the khilaafah of the four khulafae Rashidoon inlight of verse 55 of surah noor chapt 24 carries the approval and pleasure of Allah. The verse states.
وعد الله اللذين أمنوا منكم و عملواالصلحت ليستخلفنهم فى الارض كما استخلف الذين من قبلهم وليمكنن لهم دينهم الذى ارتضى لهم…
“Allah has promised those who believe from amongst you and do good deeds to definitely and surely grant them khilaafat of earthly matters like he granted khilaafah to those before them and “to establish for them their deen pleasingly chosen for them…….”
So from this verse we understand that “whatever was established” during the time of the khulaafa is haq and carries the divine pleasure of Allah. Issues established during the time of the khulaafa include:
-the issue of fadak,
– banning Mutah.
-establishing 20 rakaat Taraaweeh.
-imposing 3 divorces in one sitting to be three and not one.
-two adhaans for jumu’ah.
Nobody opposed Any of these issues from amongst sahaabah.
7. If mutah was lawful and Supposedly Hazrat Umar made it unlawful , then why did Hazrat Ali radhi Allaho anho not make it lawful when he was khalifah?.
8. Why did Hazrat Ali radhi Allaho anho never do Mutah when he was in battles in jamal and siffeeen?
9. Why didn’t any of the supposed 11 shia imaams ever do Mutah ? I say 11 because the 12th supposedly vanished when he was only 5 years old . I wouldn’t expect him to be doing mutah at the age of 5.
10. The prohibition of Mutah is proven in authentic sound sunni narrations from original sunni books from hadeeths narrated by Hazrat Ali radhi Allaho and in authentic , unanimously accepted narrations.Hence, Mutah is not only zina rather worse than zina. Because a person committing zina is likely to repent and hence be forgiven but someone doing mutah , thinking it is virtuous will never repent and carry on indulging in unlawful, sinful and immoral activity.
So mutah is far worse than zina.