"G.Waleed Kavalec" <[EMAIL PROTECTED]> wrote:
Salaam sister Shannon
I too have met American convert sisters who think Muta is both
permissible and of potential value to women, especially in the current
times.
CLEARLY such an arrangement would need careful plannng and the help of skilled and wise advisers. I wouldn't want the burden.
My Reply
It sounds more like an Escort Girls venture than a marriage contract. Perhaps Br Waleed can tell us what special cases that the American Muslim women have compared to women in other parts of the Muslim world.
This confusion about Mutah marriages is another e.g. where we will end up when we reject the Hadiths as a part of Islamic Jurisprudence. People who promote that the Muslims should stick only to the Quran for law making & the Hadiths only for knowledge sake reading, have come up with opposing views on Mutah marriages reading only from the Quran. As Br Riaz quite rightly says that how come these individuals read the same book & come up with opposing views. If the Quran is so clear that you do not need the Hadiths to have a better understanding of it how come these individuals are having opposing views on Mutah marriages.
I produce an article below which based on the Hadiths has explicitly rejected the concept of Mutah marriages.
Mut'ah — The Limited Marriage
Question
In a recent discussion with friends, it was mentioned that a marriage known as "MutÂ’ah" was permitted at the Prophet's time. It was later prohibited by the second or third caliph. Similarly, an addition to the call to prayer for Fajr was made in the words "As-salat kahrun mina al nawm." Please comment.
Answer
What has been mentioned in your discussion is incorrect. Mut'ah in the context of marital relationship means a marriage intended for a specified period of time. This is declared at the time the contract is made. The prospective husband mentions to his prospective wife that they are marrying for a year or a longer or shorter period, and she agrees to that. When the period is over, their marriage is dissolved automatically. This is not acceptable in Islam. It was the Prophet who declared that it is forbidden. He made this declaration on his return from the expedition to Tabuk, at the head of a large army. The confusion arises from the fact that there are reports that one or two companions of the Prophet had such a limited marriage when they were with the army on the way to Tabuk. This might have been so, but the express prohibition was made on the return journey. Even if these reports were true, they
signify nothing more than a new restriction forbidding something that had been practiced in the past. There are numerous examples of such things.
As for the addition to the call to prayer, it was made at the time of the Prophet. It is true that when the Athan, i.e. call to prayer, was learned, it did not include such words which means "Prayer is better than sleep;" The words of the Athan were taught to Bilal and he started practicing them. The following day, when he made the call to Fajr prayer, he added these words. The Prophet smiled and approved. Since then, these words are part of the call to Fajr prayer. As you see, the Prophet has sanctioned this addition which takes effect as a part of the Athan.
Islam in Perspective
AB
"For to us will be their return; then it will be for us to call them to account." (Holy Quran 88:25-26)
"G.Waleed Kavalec" <[EMAIL PROTECTED]> wrote:
Salaam sister Shannon
I too have met American convert sisters who think Muta is both
permissible and of potential value to women, especially in the current
times.
CLEARLY such an arrangement would need careful plannng and the help of
skilled and wise advisers. I wouldn't want the burden.
On 8/23/05, MF Rahman <[EMAIL PROTECTED]> wrote:
> Dear Sister Shannon,
> Salaams.
>
> Your threat of harshness is premised upon gross misunderstanding and
> false assumption.
>
> All that I have written, much of which you do not seem to have perused,
> stands.
> Your emotions have no relevance to Quranic text. How we feel about what
> Allah has permitted does not impact on His Law. And your suppositions
> mean nothing.
>
> I see no virtue in defending what you have not yet read carefully.
>
> Your hasty conclusion that Muta can only exist in unjust circumstances
> of one sided convenience is flawed.
>
> And polygyny permitted in Islam makes abandonment/divorce of a pregnant
> wife with children appealing only to the perverted. The "American men"
> syndrome which you describe is a male aberration which all Marriage
> contracts including Muta impede.
>
> You also have not considered that in the west today, Muta facilitates
> many women whose preference is single parenthood unburdened by unworthy
> companionship. Muta, unlike unwed promiscuity identifies both parents
> and imposes responsibilities which you have not recognized. Sperm banks
> do not offer this safeguard.
>
> Conventional marriage has not eradicated the abuse you have attached to
> Muta. Such abuses spring from human failings. Lives have been as
> permanently ruined by permanent marriage, you must have noticed.
>
> Now, as you may have realized, I am prepared to be dealt with as harshly
> as you may wish to misconstrue my words.
>
> mfr
>
>
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] On Behalf Of Shannon
> Sultan
> Sent: Tuesday, August 23, 2005 3:36 AM
> To: [EMAIL PROTECTED]
> Subject: Re: [AmericanMuslimMrotherhood] Regarding Muta. Attn. Bro.
> Mubashir Inayet
>
>
>
> Wa alaikum wa salam
>
> I think it's clear when it talks about the maintenance of wives and
> HAVING CHILDREN that nikkah is supposed to be permanent, otherwise if
> you marry a woman, get her pregnant, and then divorce her and move on to
> the next, you are no better than a man here in America who runs around
> sleeping with multiple women having children with many of them and then
> running off. From my understanding of Islam, the family system is
> supposed to remain intact. Divorce is the least favorable of things to
> happen within in a marriage and it's also stated in the Quran. There is
> a whole system before divorce can be even discussed. First, the man and
> his wife must try talking it out. If they can't, then a representative
> from each side must try helping them. Then a religious leader. The
> very last and least desirable is divorce, as is stated in the Hadith and
> the Quran.
>
> If you think women are pieces of meat or sex slaves that you marry
> temporarily and whose lives you ruin, then please leave this group
> because you will be dealt with harshly.
>
> MF Rahman <[EMAIL PROTECTED]> wrote:
> Dear Brother,
> Salaams.
>
> Indeed caution is advised in all circumstances.
>
> Can anyone show where "permanent Nikah" is explicitly prescribed please?
>
> mfr
>
>
> -----Original Message-----
> From: [EMAIL PROTECTED]
> [mailto:[EMAIL PROTECTED] On Behalf Of G.Waleed
> Kavalec
> Sent: Monday, August 22, 2005 11:09 AM
> To: [EMAIL PROTECTED]
> Subject: [AmericanRealWideMinds] Re: [IslamAwakened] Regarding Muta.
> Attn. Bro. Mubashir Inayet
>
> Walaikum asaalaam
>
> It is not really for us to say what Allah wants, we can only go by
> what He says. And as best I can tell "temporary nikkah" is neither
> explicitly allowed nor explicitly disallowed.
>
> In my understanding this means approach it, if at all, with great
> caution.
>
>
>
> On 8/22/05, Mubashir Inayet <[EMAIL PROTECTED]> wrote:
> > Salaam Brother Faisal,
> >
> > Let us agree to disagree as I don't think Allah allows "temporary
> > Marriage". I think Allah wants a couple who has divorced twice to move
> on
> > with their lives. If the woman marries another man (after the second
> > divorce) she may finally settle down and the couple can have a
> closure.
> > However, only if the marriage does not work then she could come back
> to her
> > former husband and they are not to play with Allah's rules.
> >
> > Regards,
> >
> > Mubashir
> >
> >
> > MF Rahman <[EMAIL PROTECTED]> wrote:
> >
> >
> > From: MFRahman [mailto:[EMAIL PROTECTED]
> > Sent: Sunday, June 29, 2003 10:10 AM
> > Subject: Marriage in Islam. By nature Impermanent.
> >
> > Salaams to all.
> >
> > Sadly, Christian marriages, and particularly Catholic unions, are
> deemed
> > to be inviolate and permanent and neither divorce nor remarriage is
> > permissible. The only way out of such marriages is to arrange the
> demise
> > of the spouse. (!).
> >
> > Marriage in Islam is not like this. Intended to prevent lewd conduct
> > ("Marriage preserves chastity"; "Satisfy your lust in your wives"
> > Ahadith), it is always impermanent. The term "Muta" is a specific
> one
> > which categorizes and defines the intent in advance so that neither
> > party will be disappointed by surprise unilateral termination.
> >
> > A man marrying a woman with the secret intent of leaving her later
> when
> > as an example, he is returning to his homeland after completing
> studies
> > or business, is deceiving her and willfully setting out to injure her
> > heart and being. This is reprehensible. Many women would have
> rejected
> > such a marriage if forewarned. Their consent is required for
> temporary
> > marriage or the husband may well be guilty of Zina by deception.
> >
> > In such a case, Muta Marriage is eminently fair and permits the wife
> to
> > impose her terms in advance for her own protection. All spousal
> rights
> > are in full effect as are consequential parental responsibilities.
> Such
> > marriages are sanctified as being entered into for the preservation
> of
> > chastity and with honorable intent and may not be described as
> "Sorry,
> > but it does not prevent but licenses lewd and haram conduct." For it
> the
> > same offensive argument may be leveled against even conventional long
> > term marriages. In fact, Marriage IS a divinely instituted license
> for
> > sexual relations. It preserves the rights of the parties and ensures
> the
> > rights of the offspring and ensures the social fabric against
> implosion.
> >
> >
> > In Muta marriages, the Mahr and Iddah period and all other
> regulations
> > remain the same as long term marriages. And the conduct of the
> parties
> > may yet result in the making of a Muta marriage into a long term one.
> In
> > any case, the Muta marriage is simply to put consenting parties on
> > notice of the Partner's intent. And note carefully that mutual
> CONSENT
> > is required with no compulsion or coercion. Women who enter into
> > permitted Muta unions do so of their own free will and they have
> every
> > opportunity to make such marriages permanent by their consciously
> > enhanced partnering.
> >
> > Clearly no woman who is not in desperation will enter into a one
> night
> > marriage as she will have to observe Iddah and possibly endure single
> > parenthood. Yet if she were offered a substantial treasure as Mahr
> gift,
> > (4:20-21) her one night marriage will still be valid in God's Law.
> >
> > Now, notwithstanding what the Prophet permitted or forbade, we may
> only
> > proceed with Quran's Edict, and the Quran specifically sanctions Muta
> > Marriage when it states that a woman is Halaal for her divorced
> Husband
> > only after she has married and divorced another man (2:230). This is
> > established as a permitted marriage of convenience and is well known
> as
> > God's Law and can only be seen as legitimizing Muta for good purpose.
> >
> > One must also consider that many women who do not desire long term
> > relationships for any number of reasons, may wish to propose marriage
> to
> > a suitable partner of means and character. Such women are entirely
> > within Divinely bestowed rights though our misogynist and
> chauvinistic
> > males may not like this too much.
> >
> > Our people continue to follow the edicts of Scholars who seem to
> > overlook verses of the Quran that clearly give Guidance in these
> > matters.
> >
> > Regarding masturbation by unmarried men condemned by one of the
> sisters,
> > where this saves one from greater sin, this is clearly permitted. And
> > Allah forgives and overlooks the lesser sins of His servants (4:31).
> And
> > no one has the right to invade the privacy of another nor to assume
> evil
> > nor to condemn.
> >
> > It is hoped that the foregoing will be read with care and detachment.
> >
> > Fraternally,
> > MFRahman.
> >
> >
> > -----Original Message-----
> > From: [EMAIL PROTECTED]
> > [mailto:[EMAIL PROTECTED] On Behalf Of Mubashir Inayet
> > Sent: Sunday, August 21, 2005 5:15 PM
> > To: [EMAIL PROTECTED]; [EMAIL PROTECTED];
> > [EMAIL PROTECTED]; [email protected];
> > [EMAIL PROTECTED];
> > americanrealwideminds@
> > yahoogroups.com
> > Subject: Re: [IslamAwakened] Comments on Riaz' posts.
> >
> > Brother Rahman,
> >
> > I am not sure if the rest of the forum agrees with your statement
> that
> > indicated the Qur'an allows "Muta".
> >
> > Could you kindly explain how you arrived at that conclusion
> >
> > Thanks.
> >
> > Mubashir
>
>
> [Non-text portions of this message have been removed]
>
>
>
>
> Yahoo! Groups Links
>
>
>
>
>
>
>
--
G. Waleed Kavalec
http://www.IslamAwakened.com/Quran
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