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In the name of God the Beneficent the

Merciful

AQD- E-MUTT AH This is well known fact that during the life time of Holy Prophetthe Muttah was not only the legal Aqd but was also fully inpractice as well. Now if there is any dispute on this issue is thatwhether according to Shar'ee point of view this Aqd is still legal orit is cancelled.

Before proceeding forward it must be cleared to all , that tocancel any act of Shariyat is only in the authority of Holy Prophetand non of anyone else. If any act of Shariyat -e-Mohammadi wasnot cancelled by the Holy Prophet and remained legal to the lastmovement of Holy Prophet then that act will remain legal till to theday of Qiyaamat and even the whole Ummah could not declare anyHalal -e-Mohammad as Haram or Haram-e-Mohammad as Halal.

Hal al- e-M oha mmad i s H ala l till to the da y o fQ iy aama t

andHaram- e-M oham mad i s H ar am till to th e d ay of

Qiy aama t.Tasfeer-e-Kabeer Pt-3 Page-286 :-

" It is agreed fact for the whole Ummah that Muttah was lawful andadmissible in Islam and no one has any dispute in it. "

Now the question is that, Is this admissible act of Shariyat stilladmissible or became unlawful and prohibited ?

So we know that to Hazrat Ali, Ahllalbait-e-Nabvi and to a groupof Sahaba Karam like Hazrat Abdullah Ibn-e-Abbas, Imran bin

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Attention. But we know that in Sariyyat these words have theirspecial meanings which are quite different from their literarymeaning and when such words will come in Ayyat or in narrationstheir Sharri meaning will be taken and not the literary meanings.For example while one says " Qad Qama-tessalaat " it means toperform special Ebaadat " Namaaz " and not jut to do some dua.and so on, So it is very clear that while translating Salaat. Soom ,Hajj. or Jehad always their Sharri meaning will be take and not

just the literary. So the word Muttah though its literary meaning isto take benefit but this word has its complete sense and meaningin Sharri language. Therefore while translating the Quranic wordFamastamtatum to avoid its Sharri meaning that is Muttah,shows that some thing some where is being wrong or someweakness is being covered. Daal mein Kala Hay .

Tafseer-e-Kabeer Pt-3 Page 289, Dur-e-Musoor Pt-2 Page-140.

" Abdullah Ibn-e-Mas'ood, Abdullah Ibn-e-Abbas and Abee BinKaab while reciting the above ayat-e-Muttah used to recite it in asuch a way that its translation become like this :- " When you doMuttah with women for some fixed period you must pay their Mahrto them "

SAYING OF HAZRAT ALI ( A.S) :-

TAFSEER-E-KABEER Pt-3 Page-289, Dur-e-Mansoor Pt-2 Page-140.

If the Umer ( By using his state power ) would have notprohibited from Muttah then some most unfortunate and vulgarmay have committed adultery ( Zina ).

Now from the above saying of Hazrat Ali it could be easyconcluded that by stopping the legal and Sharri act of Muttah hasresulted in the overspread of Zina and who is the one, responsiblefor the over spread Zina in Muslin Ummah ??????

SAYING OF SAHABA KARAM :-

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Nihaya Ibn-e-Aseer Page-194, Dur-e-Munsoor Pt-2 P-141.

Hazrat Abdullah Ibn-e-Abbas said, " Muttah was Rahmatfor Ummat-e-Mohammadia , if it would not has been stopped,perhaps some most vulgar may commit Zina. "

Tafseer-e-Kabeer Pt-3, P-289.

Hazrat Omran bin Haseen said, " Allah revealed the Ayatabout Muttah in the Holy Quran and did not cancelled it, HolyProphet ordered for Muttah and then did not stop from it, butlater on some one ( Umar ) did what he wished.

Muslim with Sharah-e-Noodi Pt-1 P-451

Abu Nafrah narrated that once I was with Hazrat JaberIbn-e-Abdullah when a person came and asked him aboutMuttah, Hazrat Jaber replied, " We acted on Muttah during theperiod of Holy Prophet but later Umar Ibn-e-Katab prohibitedfrom it. "

From the above saying of four Sahaba-e-Karam it is verycleared that all of them referred it prohibition not to Holy Prophetbut to Hazrat Umar, and according to famous narration that theMazhab of the people is that of their Rulers so the masses obeyed

what their Ruler ordered and ultimately the position reached tosuch point that the Hurmat of Muttah was taken as a rule of Islam.

ACT OF DAUGHTER OF HAZRAT ABU BAKAR :-

Tafseer-e-Mazhari Pt-2, P-74, Masnad Abu Da'ood Pt-1, P-309.

" The Asma Bintay Abubakar said that during the period of HolyProphet I myself did the Mutta "

The Confessing Statement of Hazrat Umer :-

Tareikh-e-Khufa P-136, Tafseer-e-Kabeer Pt-3 P-289, Sarah-e-

Fazal Qooshegi, P-484:-

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" Hazrat Umar decleared, Muttah was legal and lawful duringthe period of Holy Prophet but I decleared it HARAM. "

Interesting Joke:-

According to Al-Mohazerat of Raghab Asfahani one day a manasked Hazrat Abdullah Ibn-e-Umar about legality of Muttah, hereplied that it is legal and lawful, on his reply the man said thatyour father (Umar) declared it Haram. On this Hazrat Abdullah saidthat did not my father say that it was Halal in the period of HolyProphet and I declare it Haram , the man replied yes he said likethis, so Hazrat Abdullah Ibn-e-Umar said that I certify the first partof the statement of my father that it was Halal in the period of HolyProphet and I did not agree with the second part of the statementthat - I declare it Haram - because who is my father to declare theHalal-e-Mohammad as Haram "

But we think that the followers of Hazrat Umar are moreobedient to Hazrat Umar then his own son Abdullah ........... ! ! ! !

Is Muttah Nikah or Zina ???

Now we will consider the resembling points of Muttah andNikah-e-Daami and let the readers to justify that whether it isNikah or Zina !

Muttah ( a temporary Nikah ) and the Nikah-e-Da'emi ( PermanentNikah ) resemble in most of the points except few which decideand distinguish the separate position of Muttah.

1:- Nikah-e-Da'emi cannot be done with married woman so theMuttah also cannot be done with the married woman.

2:- In Nikah-e-Da'emi it is must the the Sigha of Nikah to beread out in a correct way, so in Muttah it is must that Sigha ofMuttah has to be read out in a proper and correct way.

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3:- Children born with Nikah-e-Da'emi legally inherit theirfather so the children born with Muttah also legally inherit theirfather.

4:- Nikah-e-Da'emi can not be done with a woman who is in

Eadaat after divorce so the Muttah cannot be done with the womanin Iddat after divorce .

5:- In Nikah-e-Da'emi after divorce the women has toobserved Iddat so in Muttah after finishing of Muttah periodwoman has to observed Iddat. ( the period of Iddat in Muttah is halfof that in Nikah-e-Da'emi )

6:- Mahr has to be fixed in Nikah-e-Da'emi so the Mahr has tobe fixted in Muttah also.

All the above conditions are not there in Zina. so one could easilyjustify that Muttah is close to Nikah-e-Da'emi or to Zina.

So on one side there is the order of Allah and Rasool and yourconscience and on other side is the decision of Hazrat Umar

decide where you stand ??????????

In Nikah-e-Da'emi the relations of man and woman remain tillthe woman is divorced or one of them dies but in Muttah whichdiffers here is that man and women themselves decide the periodof their Aqd and after the expiry of that decided period the womanautomatically considered as divorced and after this again the

same common rules about Iddat for Nikah-e-da'emi and Muttah getenforced.

Before going to last conclusion its batter to mention the Siga-e-Muttah over here. So after the decision of Mahr and the period ofAqd if the man and the woman themselves want to read the Sighathan it will be read as below

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Sigha -e- Muttah

First women will say,

" ZAWAJJTUKA NAFSI FIL MUDATIL MALOOMAH A'LALLMAHREL MALOOM "

Then man will say ,

" QABIL TO TAZWEJA "

If there is some agent ( wakeel ) for both of them, then:-

First Wakeel will say on behalf of woman :-

" ZAWAJJTU MOWAKKELATI MOWAKKELAKA FIL MUDATILMALOOMAH A'LALL MAHREL MALOOM "

Then Wakeel will say on behalf of man :-

" QABILTO TAZWEJA LAMOWAKELI HAKAZA "

Final Conclusion :-

So with the above discussion we reach toconclusion that the order of Muttah was revealedin Holy Quran and was ordered by Holy prophet

and was nether cancelled in Quran nor prohibitedby the Holy Prophet but contrary to Allah and

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Rasool was declared prohibited by Hazrat Umarand was enforce with the power of state ,as manyother rules of Shariyyat were modified with force

by Hazrat Umar which are called the " Awleyat-e-Umar " so Muttah is one of them. Now the positionfor the followers of Hazrat Umer became very

critical because there is Allah and Rasool on oneside and the declaration of Hazrat Umar on the

other side so they could adopt one and theyalways adopt the decision of Hazrat Umar in allsuch cases where ever he strikes with Allah and

Rasool , and they openly reject the decision ofAllah and Rasool

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Mutual Agreement of Mutha

Once you have mutually agreed that entering a Mutah contract is what you

both want you need to discuss

1. The time period for which your Mutah marriage will last,2. The Mahr (dowry)3. Any other conditions you may want to add.4. 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 foreach other unless you renew the Mutah and repeat this procedureagain.

5. You need to mutually agree on a Mahr. Mahr is the gift that the mangives to his wife as part of the contract. It can be anything, and it isbetter if it is not extravagant in its value. Some hadith report thatsome of the Companions of the Prophet would enter into Mutah witha handful of dates or wheat as the Mahr.

6. You can agree to other conditions if you two so wish. It is notobligatory to do this, however, once you do agree to any conditionsat this point it becomes obligatory for you to abide by them once youare in the Mutah marriage.

First the lady says:

Zawajtuka nafsi fil muddatil maloomati alal mahril maloom.Translation: I married myself to you for the known period and the agreed

upon dowry.

Then man replies:

Qabiltu.Translation: I accepted.*

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Congratulations! Thats it! You are now halal for each other for the time periodthat you agreed!

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