Al-Mut'ah (or Temporary Marriage)

During
the period of the second caliph certain aspects of the Shariah were put aside,
which the Holy Prophet, taught and practiced. Some practices were forbidden;
some were omitted, and some were added!

Umar
himself has never ascribed the prohibition to the Prophet (S), but rather he
uttered his widely-known proclamation, so outspokenly: "Two enjoyments
were commonly practiced during lifetime of the Messenger of Allah, from which
both I forbid and on which I punish: mut'at al-hajj (pilgrimage) and
enjoyment (Mut'ah) with woman" (Imam Fakhr Razi, in
al-Tafsir-Kabir, and Tabari in his Tafsir al-Kabir; Sahih Muslim vol.4, p.131;
Sahih Bukhari vol. 5, p.158 also vol.4, p.131).

Umar
banned the pilgrimage of tamattu Umra, with the decree that transgressors would
be stoned; this is spite of the fact that the holy Prophet instituted as in
Quran, 2:196. And even though during the life of the Holy Prophet it was the
practice to recite in the call to prayers (Azan), "Hurry to the best act"
(Hayya ala khayr el-amal), Umar ordered it to be omitted! (Still recited
in Shiah call to prayers). The Prophet said a divorce was valid only if
the three different declarations of divorce were made on three different
occasions, but Umar allowed the triple divorce declarations to be made at one
time!

As
followed the sunnah of Umar in his innovation of Tarawih prayers,
contrary to the Prophetic tradition that commanded the
Moslems to perform the supererogatory prayers (nafilah) by ones at home
(Sahih Bukhari vol. 7. P. 99, ibid. Vol.2 p. 252 kitab salat tarawih).

Also,
during the lifetime of the Prophet and Abu Bakr temporary marriage (Mut'ah)
was practiced according to Quran, 4:24, but Umar forbade it.

Mut'ah it means (nikah),
or temporary marriage to a determined term. It is like the perpetual marriage,
as can never be valid but only through a marriage contract including consent
and corresponding acceptance, when recited by the bride employing the words: I
have married myself to you (zawwajtuka nafsi), with so and so
dower, and for so and so period. Thereat the man says: qabiltu (I have
accepted), and no witness is necessary except Allah for Mut'ah.

For
this kind of marriage recorded in the fiqh books of the Ahl al-Bayt of the
Imamiyyah, such as determining the dower (mahr) and period state certain
conditions. It will be valid with any condition agree by both parties, and like
the prohibition of concluding a marriage contract (temporarily) with female
relations (al-muharramat), due to consanguinity, as in the case of the
permanent marriage.

The
temporarily married woman should, after expiry of the term (ajal),
undergo Iddah for two menstrual courses, even if she is sure she is not
pregnant, and in case of the death of her husband for four months and ten days.

There
is neither inheritance nor maintenance (nafaqah) between the couple
married temporarily that is neither of them can inherit the other side after
death. But the child born due to temporary marriage has the same rights granted
to the child born due to permanent marriage, in regard of inheritance and
maintenance (nafaqah), beside all other breeding and material rights,
and should be acknowledged as the legal child of his father.

This
is Mut'ah with all its conditions and limits, which can certainly never be like
fornication, as claimed by some people!

The
legitimacy of such a marriage being prescribed by Allah: " And as such of them
ye had Mut'ah with them, give them their dowries as a fixed reward; and
it shall not be a sin on you, in whatever ye mutually agree (to
vary) after the fixed reward; Verily God is All-Knowing, All-Wise." The
Messenger of Allah (S) has permitted this kind of marriage, and the sahabah
exercised it during his lifetime (Sahih Muslim vol.4, p.131; Imam Ahmad Hanbal
in his Musnad vol.1, p.337; Sahih al-Tirmidhi, vol.1, p.157)

Regarding
believing it halal, because it is never confirmed that the Messenger of Allah
has forbidden it (Mut'ah), had there been any abrogation issued from the
Prophet, the first to know it would have been the Ahl al-Bayt Imams headed by
Imam Ali, as Ahl al-Bayt (household) are better aware of what is there inside
the house. But that which is established for us being that it is the 2nd
Caliph Umar who has being forbidden it and considered it unlawful (haram),
through exerting his own opinion as testified by the Sunni Ulama
themselves. But we can never leave the ahkam (rules) of Allah and His
Messenger to be ordained by the opinion and ijtihad of Umar!

Moslems
are required to follow and adhere to the precepts of Allah and His Messenger,
refusing everyone other than them whatever high his position be, when his
ijtihad being contradictory to the Quranic or Prophetic texts. How is it
feasible for any Moslem to abandon and contradict the precepts and sayings of God
and Prophet, and adhere to the words of a human being exerting his opinion,
liable to err that there is not in Quran and Sunnah: " It is not for a
believer man or woman to have any choice in their affair when God and His
Apostle have decided a matter, and whoever disobeyed God and His Apostle,
indeed he hath strayed off a manifest straying." (33:36)

Mut'ah is verily a blessing
showered from Allah upon His bondmen, and had not been Umarah's forbiddance no
one would have committed fornication but the wretched (al-Tha'alabi and
al-Tabari both in their Tafsir al-Kabir, in their interpretation of the verse
on Mut'ah).

Every
Moslem is asked to portray in the mind the words of al- Imam Ali (a.s) that:
" Mut'ah is verily a blessing showered from Allah upon His bondmen.
Actually, is there any blessing greater than such one, which quenches a
refractory lust that might overwhelm man, male or female, rendering him/her
like a beast of prey."

It
is not for Allah to forsake His servants with no mercy, while He being the Creator
of them and their instincts, having full knowledge of what can ameliorate them.
And when Allah, the Beneficent and the Merciful, has showered His mercy upon
His bondmen through permitting them to practice Mut'ah, so no one would
commit adultery.

The
Prophet said my people would be divided into seventy-three groups, all of which
will end up in Hell." He also said: " I am leaving behind among you
two precious things (Thaqalayn), as long as you adhere to them you will
never go astray after me. The Book of Allah and my Itrah (Ahl al-Bayt).
They will never separate till they come unto me near the pond (hawd), so look
how you are to treat them after me." (Sahih Muslim vol.7, p.122; Sahih
Tirmidhi vol.5, p.328; Imam al-Nasa in his book Khasa’is p.21; Imam Ahmad
Hanbal in his Musnad vol. 3,p.17; Mustadrak al-Hakim vol.3, p.109; Kaanz
al-ummal, vol.1, p.154

It
was narrated in Musnads and Sahihs of al-Sunnah, through more than thirty Companions.)

"Those who deliver the message of Allah and fear Him, and do not
fear anyone but-Allah; and Allah is sufficient to take account." (33:39)

Note: Look at Surah
al-Bagarah (2:187), it says keep your fast until LAYL (night),
which means complete sunset, and look for yourself when the Azan is said still
maghrib (sunset) is not completed, and the right time to brake your fast is 14
minutes after when they announce the Azan.