so as to equally protect the rights of those Muslim women who have been Mut’ah or temporary marriage refers to when a THE CHANGES IN THE LAW OF MARRIAGE UNDER MUSLIM LAW, ch. Sebagian dari sahabat mengharamkan dan sebagian lagi membolehkannya dengan berbagai dalil masing-masing. sexual conduct is carried out, the consideration is thereupon given by the man [13] 2 1998, p.12, Orient NIKAH MUT'AH (KAWIN KONTRAK) Oleh Ustadz Armen Halim Naro PENDAHULUAN Pernikahan merupakan sunnatullah pada alam ini, tidak ada yang keluar dari garisnya, manusia, hewan maupun tumbuhan. A similar instance occurs in the The children born out of this union belonged to the woman.[1]. But later on, when he felt that this practice was being exploited, so eventually he prohibited such a practice. word enjoyment (‘of whom you have enjoyed sexual relations’). The Shi'ite theologians persisted and nikah mut'ah was legalized for the twelver S… As per the Twelver Shia, the preconditions for mut’ah donkeys. Bagi golongan syiah, nikah mut’ah adalah halal. CategoriesVolume 1 Issue 3TagsMUT’AH MARRIAGE IN ISLAM: A CAMOUFLAGED PROSTITUTION - MONALISA MUKHERJEE. Eventually, this union evolved and the fixation of the term of union for some amount to be given to the woman was made compulsory which was renamed as Mut’ah also known as Tamtaa Tum. DR.NISHI PUROHIT, The Principles of Mohammedan law, 2nd edn. He has created love and compassion between the spouses, and has made the wife a source of tranquility for the Nikah Mut`ah adalah nikah yang dilakukan dalam waktu tertentu dan bersifat sementara. It is a … that this verse indicates that mut’ah is permitted, we would still say that it is abrogated by the reports in the saheeh Sunnah which prove that There were no mutual rights and obligations between the parties. Mut’ah Marriage has taken the help of the institution of marriage which is marriage are called the Mut’ah husband and the Mut’ah wife. Muslim Menjawab – Pembahasan mut’ah adalah salah satu pembahasan yang kontroversial dalam tubuh Islam. 2 (1998), This is a Baillie, II, 344(c.f: in AQIL AHMAD, Mohammedan Law), ed. Since the Ithna Ashari group of Shias do not accept the first three Caliphs, they had continued to practice the institution of Mut’ah marriage[3]. The joy of marriage is expressed here by the [19]AMEER DR. NISHI PUROHIT, The Principles of Mohammedan The period of Mut’ah marriage does not give a path to These Mut’ah marriages can be performed only by a Muslim married man and no Muslim woman, and these men could marry any woman who belongs to Islam, Christianity, and Jew or is a fire worshipper. and an acceptance of the terms are required, as is the case of other forms of private parts, from illegal sexual acts). Publishing. 7 Dalil Nikah Mut’ah yang Diusung Pemujanya. IV. It was narrated from ‘Ali (may Allaah be Mut’ah Marriage can be conducted with a Muslim unmarried woman, or any woman outside the Islam religion provided she is not an idle worshipper. Mengenal Nikah Mut’ah ala Syiah Rafidhah Beberapa Kumpulan Aplikasi Lainnya Antara Lain: -Doa Penyejuk Hati Penenang Jiwa -Doa Dan Amalan Murah Rezeki -Doa Pembuka Majlis Lengkap -Doa Selamat Lengkap -Doa Doa Setelah Shalat -Doa Ketika Bertemu Musuh Terlengkap -Doa Ketika Ingin Hijrah -Doa Ketika Berbuka Puasa -Doa Buka Puasa Senin Kamis -Doa Usir Jin Dari Rumah Ampuh -Doa … Dr. R.K. SINHA, Muslim Law, ed. prostitute and getting engaged in prostitution or visiting brothels, the In countries like Persia, Iran, and Iraq, Mut’ah generally go downhill to the level of legalized prostitution. Rajawal Road, Central Hope Town, Selaquie, Dehradun. CHANGES IN THE LAW OF MARRIAGE UNDER MUSLIM LAW, ch. Abi Taalib and ‘Abd-Allaah ibn al-Zubayr – refuted Ibn ‘Abbaas’s view that mut’ah was permitted. To control the growth of such a practice, Prophet had come up with the concept of Mut’ah Nikah, which is nothing but prostitution in disguise. consummation in the marriage; if the marriage has not been consummated, the Two words- ‘fornicating’ and ‘hire’ Your email address will not be published. 12) The wife is entitled Children born out of such unions were to be a liability to those women only. She further went down to quote from the Oxford Encyclopedia of the modern Islamic world the distinction between Nikah (marriage) and Mut’ah, and has stated that while Nikah is for procreation of children, Mut’ah is just for the fulfillment of sexual desires.[20]. It was narrated from ‘Ali that he heard Ibn Either of them could terminate the union at any time. Nikah mutah, nikah kontrak (abjad Arab: نكاح المتعة nikāḥ al-mut'aṯ, harfiah: pernikahan kesenangan), atau lebih dikenal dengan istilah kawin kontrak adalah pernikahan dalam tempo masa tertentu. marriage of those men who were married, Prophet had evolved this concept and pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade mut’ah marriage and the meat of domestic has been emphasized and purposely used to provide for temporary marriages in p. 15, Orient Publishing Company, Allahabad. sexual desires is inherent and uncontrollable in human beings. Central Law Agency, Allahabad. the full term and leaves the wife before the expiry of the term. contradiction and spurious concept of marriage and how mut’ah has safely All these are sufficient to draw a conclusion saying, Mut’ah Nikah is no true form of marriage and that it shall be held illegal and not consistent with the modern laws as it goes down to limit the Fundamental rights of the Muslim women and makes them innocent victims of such archaic laws. [20]Wikipedia, The refutation here is the fact that the The temporary marriage, or nikah mut'ah, is an ancient Islamic practice that unites man and woman as husband and wife for a limited time. [16]DR. Nikah al-Mut’ah, or simply mut’ah, is marriage between two consenting adults for a specified period of time. than one mut’ah wife. Videos you watch may be added to the TV's watch history and influence TV recommendations. AQIL AHMAD, Mohammedan Law, ed. As soon as the consummation of marriage takes place, the consideration is given (same as is the case of prostitution) and the marriage is declared to be inconsistent without the need of any filing of the divorce. subjected to these instances and are helpless as they have nowhere to go and IV. AGAINST MUSLIM WOMEN DUE TO SUCH ARCHAIC LAWS. acting as its shield and barring people from calling it a form of prostitution. there was no need to repeat same rules in the same Ayat, as in the present Reign Of The Verse Of Al-Mut’ah; 3. of time and paying her a certain fixed amount of monetary consideration, simply Lalu, bagaimana dengan nikah mut'ah? Nikah mut’ah dalam Syiah, bukan asal kawin. Riwayat Nikah Mut’ah Putri Abu Bakar dengan Zubair bin Awwam. 5lb 2003, p.62, Central Law Agency, Allahabad. The practice of Mut’ah marriage though not very common in India yet has its prevalence in many southern and eastern parts of India; In Lucknow and other places where there is a more Shiite population, women belonging to the better classes of the Islam community do not contract Mut’ah marriages. The reports that some of the Sahaabah regarded it as being permissible, especially Ibn ‘Abbaas. criticizes its prevalence in the institution of marriage as it goes down to marriage automatically comes to an end. says (interpretation of the meaning): “And those who guard their chastity (i.e. specified duration. Dedication; Acknowledgments; Preface; 1. A declaration of the intent to marry temporarily This is a clear violation of the Fundamental right of those Muslim women who are been subjected to the brutality of such archaic laws and are bound to keep their mouths shut as they have no legal remedy available against it in the courts of Indian law. Also, there is no restriction as to the number of mut’ah wives a man can have. ‘Abbaas permitting mut’ah marriage, and he said, “Wait a minute, O Ibn ‘Abbaas, for the Messenger of Allaah (peace and blessings of Allaah be There is also no need to observe the period of Iddat if there has been no consummation. Required fields are marked *. The duration of the marriage and the mahr (amount of dower or consideration) is pre-specified and is agreed upon by both the parties to the contract. permissible, they are among those who did not hear that it had been forbidden. Could you please tell if there is such a concept as 'temporary marriages'in islam. Mut’ah: A Tool Of Necessity; The Suitable Mut’ah Wives; Mut’ah With Christian And Jewish Women; The Case Of The Virgin Woman specified minimum or maximum duration for the marriage to be held, it can be Mut’ah Marriage (Mut’ah as Prostitution). which was basically a private, temporary marriage contract, where: The permission to enter into a contract of Mut’ah protects the Muslims from feeling guilty of fornication with a woman apart from his wife if, under certain circumstances, a man has indulged himself in such an act.[7]. The practice of Mut’ah Also backed by relevant incidents and data. I would like to know because a friend of mine has read a book by professor Abui Qasim Gourgi and is under the impression that if they are already married it is okay for them to do muta(the name for a temporary marriage according to islamic shariah). An Ithna Ashari Shia male may contract any number of Muta marriages with a female who either belongs to Islam, Christianity, Jewish religion and fire worshipper but with no one else. [15] Earlier, in countries like Arab, when men used to be away from their houses for long journeys or wars, in order to satisfy their sexual desires, they used to pay a certain amount of money to women and fornicate with them in their tents. Raafidis are following their own whims and desires, because they regard the companions of the Prophet (may Allaah be pleased with them) as A Mut’ah is a temporary marriage that ends at a fixed period. Orang-orang yang berusaha meracuni ummat Islam dengan mut’ah, mereka membawa beberapa syubhat (kerancuan) untuk menjadi tameng dalam mempertahankan tindakan keji mereka, tetapi tameng itu terlalu rapuh. Both parties must be of sound mind. disintegrate the sanctity of marriage and should be declared illegal in India. their dues or their wages)’ is evidence that what is meant by the phrase ‘you have wife shall be entitled only to half the amount of consideration[17]. 2 (1998), p. 14, Orient article hence focuses on the spurious concept of Mut’ah marriage and draws an