Sunday, April 29, 2007

The Wonderful Teachings Of Islam : Mutah

The Mutah Marriage Contract Procedure

One of the glorious laws of Islam, from the point of view of the Ja'fari (Shi'ite) law, is that there are two kinds of marriage, a permanent and a fixed-time marriage. Some of the effects, which flow from these two kinds of marriage, are the same and some others are different. There are two distinctive features between them. One is that in a fixed -time marriage, a man and a woman enter into a contract to marry each other for a fixed period, on the expiry of which, if they wish, they can extend it, otherwise they separate.

The other distinguishing feature is that there is a greater freedom of choice in fixed-time marriage. The contracting parties may stipulate any conditions they like. For example, in a permanent marriage the husband is bound to maintain his wife and meet her daily expenses. Besides, he has to provide for her clothing, housing and other necessities of life like medicines and medical treatment etc. But in a fixed-time marriage everything depends on the terms of the contract. It is possible that the husband may not be able or may not be willing to bear the expenses of his wife, or the wife may not like to utilise her husband's money.

In the permanent marriage the wife has to accept her husband as the head of the family and obey him within the limits of family interest, but in a fixed-time marriage this also depends on the terms of the contract. In the case of a permanent marriage wife and husband inherit from each other, but this is not so in a fixed-time marriage.

However, in the fixed-time marriage after the formula has been pronounced the couple is recognised as lawful wife and husband and they can then have intimacy but before that they are strangers and it is prohibited for them to have any kind of sexual relation.

Mutual Agreement

Once you have mutually agreed that entering a Mutah contract is what you both want you need to discuss

The time period for which your Mutah marriage will last,

The Mahr (dowry)

Any other conditions you may want to add.

You need to mutually agree in clear terms how long the initial Mutah contract will last. This needs to be clear and should not be obscure - because as soon as the time runs out you are no longer halal for each other unless you renew the Mutah and repeat this procedure again.
You need to mutually agree on a Mahr. Mahr is the gift that the man gives to his wife as part of the contract. It can be anything, and it is better if it is not extravagant in its value.

Some hadith report that some of the Companions of the Prophet would enter into Mutah with a handful of dates or wheat as the Mahr.
You can agree to other conditions if you two so wish. It is not obligatory to do this, however, once you do agree to any conditions at this point it becomes obligatory for you to abide by them once you are in the Mutah marriage.

Recite The Seegha (Arabic Formula of Words) To Commence The Mutah

You are now ready to recite the Arabic formula of words, which, once completed, means that you two are now halal for each other in the eyes of God and the Law of Islam. Please note that this procedure can be done by the two persons wanting to enter the Mutah marriage themselves. There is no need for a Wakeel (someone who recites the seegha on your behalf) nor the need for witnesses. However you can opt for a Wakeel and you can also opt for witnesses if you so wish. If you like, you could even put this procedure into writing with both your signatures. These are options if you feel you would prefer it that way - however not necessary for your Mutah to be valid.
The seegha is quite short but must be recited in Arabic. Below you will find the Arabic formula written in English transliteration, along with its meaning. There is also a link to an audio file with the vows for the Mutah marriage recited in Arabic. It has been recited slowly with gaps, so you can repeat after it (if you want to). Otherwise you can just use the text below.

The Vows For The Mutah Marriage (.wav file that doesn't work !)

First the lady says:
Zawajtuka nafsi fil muddatil ma'loomati 'alal mahril ma'loom.
Translation: "I married myself to you for the known period and the agreed upon dowry."
Then man replies:
Translation: "I accepted."

Congratulations! That's it! You are now halal for each other for the time period that you agreed!


No comments:

Post a Comment