Ruling on regarding mut`ah marriage as permissible; does that put a person beyond the bounds of Islam?

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Tauhid Lab Assistant · Accepted Answer

> TL;DR: Mut‘ah (temporary, fixed-term “marriage”) is prohibited by decisive prophetic teachings and is not a valid nikah (marriage contract) [HAD2][TAF1]. If a person holds that this act—being zinaa (fornication)—is halal, that belief is disbelief; however, judging a specific individual requires careful scholarly assessment of knowledge and doubt-removal, so one must consult qualified scholars for a case ruling [FAT5].

## Direct ruling and evidence

- Definition: Mut‘ah is a contract for intimacy set for a fixed duration in exchange for compensation; it was briefly permitted out of necessity and then definitively prohibited by the Prophet (Allah bless him and give him peace) [HAD1][TAF2]. Nikah (marriage contract) in Shariah is a perpetual bond aimed at chastity, family, and rights—not a time-bound arrangement [TAF2].  
- Prohibition: ‘Ali (Allah be pleased with him) reported that the Prophet prohibited fixed-term marriage (mut‘ah) on the day of Khaybar [HAD2]. Salamah’s report confirms that a very short, emergency allowance was later revoked with an enduring prohibition of mut‘ah [HAD1].  
- Qur’anic explanation: The verse “muhsineen ghayra musafihin” (seeking marriage in chastity, not mere lust) frames lawful intimacy as permanent, rights-bearing nikah, not temporary gratification; mut‘ah does not fit this Qur’anic standard [TAF2][TAF3].  
- Invalidity of time-bound “nikah”: Classical jurists explicitly ruled that a time-bound marriage (al-nikah al-muwaqqat) is void, even if the word “nikah” is used instead of “mut‘ah” [TAF1]. Authoritative fiqh texts list mut‘ah and “marriage of a set duration” as invalid [RIS3].  
- Consensus claims and retraction: Major Sunni authorities record that Ibn ‘Abbas (Allah be pleased with him) retracted the early-period view and affirmed the later prohibition, and they report the consensus of the Companions on its forbiddance [TAF5][TAF4][RIS1].  
- Legal consequence of deeming it permissible: Engaging in mut‘ah is zinaa in essence; if a person believes this type of zinaa to be permissible (halal), that belief is kufr (disbelief) [FAT3][FAT5]. At the same time, determining whether a specific individual falls into kufr requires examining their knowledge, exposure to proof, and removal of doubts—thus, personal cases should be referred to qualified scholars for judgment.  
- Related circumvention: Agreeing to marry solely to satisfy desire and to separate by prior plan is not a valid nikah; it falls under the prohibition of mut‘ah and is haram [FAT7]. A time-limit stated or intended contradicts the very purpose and structure of nikah [TAF1][RIS3].

### Foundation and wisdom

The Prophet explained that mut‘ah’s harms include confusion of lineage, effectively renting private parts, and contradicting sound human nature, hence its prohibition after a brief, specific necessity [HAD1]. Marriage’s core aims are affection, continuity, family-formation, and guarding chastity—goals undone by time-limited arrangements [HAD2][TAF2]. The Qur’anic ethic “muhsineen ghayra musafihin” safeguards dignity, trust, inheritance, and stable responsibilities, all of which temporary contracts erode [TAF2][TAF3]. Practically, this prevents disputes about paternity, inheritance, and support, and protects both parties from exploitation, especially the vulnerable [HAD1][TAF3].

### Modern, practical applications

- If one fears falling into zinaa yet cannot marry, the prophetic counsel is to fast, which restrains desire until a proper nikah is possible [HAD6].  
- Do not use “trial marriages,” “one-year marriages,” or any arrangement—spoken or silent—with a planned end-date; this is invalid and sinful [TAF1][RIS3][FAT7].  
- If someone has already done mut‘ah, they must repent sincerely (tawbah: stop the act, feel remorse, resolve not to return) and, before marrying another, observe the required ‘iddah (waiting period) to protect lineage and rights [FAT3][RIS2].  
- In a valid nikah, permissible stipulations that strengthen rights and responsibilities should be fulfilled; the Prophet called marriage-related stipulations the most worthy of fulfilment, underscoring the seriousness and permanence of the contract [HAD7].

### Psychological, social, and ethical benefits connected to the ruling

- Guarding chastity and lowering the gaze through proper marriage stabilizes the self and reduces impulsive behavior; the Prophet explicitly tied nikah to these benefits [HAD6].  
- Prohibiting short-term sexual contracts preserves dignity, prevents commodification of intimacy, and secures lineage and inheritance—key ethical goods named in the reasons for banning mut‘ah [HAD1][TAF3].  
- A stable nikah invites mutual responsibility and mercy, rather than transactional relationships driven by fleeting gratification, fulfilling the Qur’anic call to chastity and permanency [TAF2].

## Divergent Perspectives

- Mainstream Sunni position: Mut‘ah is permanently prohibited by explicit hadith; Ibn ‘Abbas retracted earlier allowances; jurists recorded consensus; time-bound marriage is void [HAD2][HAD1][TAF5][TAF4][RIS1][TAF1][RIS3]. This is the view affirmed in authoritative fatwas; mut‘ah today is a major sin and tantamount to zinaa [FAT1][FAT2][FAT3].  
- A reported minority reading: Some narrations (as cited in Tanwīr al-Miqbās) suggest allowance at times of necessity, dispute over whether ‘Ali retracted, and that the second Caliph forbade it; the author concludes permissibility in dire need [TAF6]. However, this is countered by the explicit prophetic prohibitions and the reported retraction of Ibn ‘Abbas noted in the major Sunni sources, which the majority uphold as definitive [HAD2][HAD1][TAF5][TAF4].

Application to the question of takfīr (declaring disbelief):  
- Because the prohibition is established by clear hadith and explained by senior exegetes and jurists, holding mut‘ah to be lawful contradicts decisive evidence; thus, if one believes this form of zinaa to be halal, that belief is kufr [FAT5][FAT3].  
- Yet, issuing takfīr on an individual requires assessing whether the person understands the proof, is not acting on a mistaken presumption of an authoritative view, and has had doubts removed. This individualized judgment belongs to qualified scholars; therefore, seek a case-specific verdict from recognized juristic authorities.

If you or someone you know is entangled in this issue:  
- Stop the act, feel remorse, and resolve never to return; increase istighfar (seeking forgiveness) and return to a proper, witnessed nikah with its rights and duties [FAT3].  
- Observe ‘iddah before any new marriage, to protect lineage and respect divine limits [RIS2].  
- If unable to marry now, adopt the prophetic remedy of fasting and arrange a proper nikah as soon as feasible [HAD6].

Key terms explained:  
- Mut‘ah: a fixed-term sexual contract for compensation—prohibited [HAD2].  
- Nikah: the formal, witnessed marriage contract establishing a permanent bond, rights, and responsibilities [TAF2].  
- Zinaa: unlawful sexual intercourse outside a valid nikah—mut‘ah is its essence in modern practice [FAT3].  
- ‘Iddah: the prescribed waiting period after divorce/widowhood or invalid union before contracting a new marriage, preserving lineage and rights [RIS2].  
- Tawbah:

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Ruling on regarding mut`ah marriage as permissible; does that put a person beyond the bounds of Islam?

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