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Adopted from the Book : "Temporary Marriage in the Islamic Laws" by : "Sachiko Murata" Forswearing In mut'a there is no forswearing, since forswearing's very definition has to do with divorce, which does not exist in mut'a. Moreover, the woman cannot...

Adopted from the Book : "Temporary Marriage in the...

Adopted from the Book : "Temporary Marriage in the Islamic Laws" by : "Sachiko Murata" Divorce By a consensus of the ulama there is no divorce in mut'a.1 The man and woman become separated from each other through the expiration of the time period, or...

Adopted from the Book : "Temporary Marriage in the...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" Coitus Interruptus It is permissible to perform coitus interruptus, even if it is not mentioned as a condition in the contract. Al-Shahid al-Awwal and al Tabataba'i cl...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" Conditions In The Contract IT IS permissible for one or more conditions to be mentioned in the contract of mut'a, so long as they are legitimate. A condition must be a...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" IV. The Dower The contract must mention a dower of known property, whether in cash or kind, whose amount is safe from increase or decrease. In order to gain knowledge ...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" III. The Time Period (Mudda) The time period of a temporary marriage must be delineated in a manner which allows no possibility of increase or decrease. According to t...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" II. The Persons A man can conclude a contract of mut'a only with a Muslim or one of the 'People of the Book'. It is not permissible to engage in temporary marriage wit...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" I. The Formula Since it is a contract, mut'a requires a declaration and an acceptance. As in permanent marriage, the declaration is the prerequisite of the woman. It m...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" The Arabic dictionaries define mut'a as 'enjoyment, pleasure, delight'. The root form, m-t: signifies, 'to carry away, to take away'. A 'marriage of mut'a' is a marria...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" VIII. Inheritance (Mirath) Husband and wife inherit from each other according to set rules. The only condition for inheritance is a valid marriage contract, not consum...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" VII. Sworn Allegation (Li'an) 'Sworn allegation' is a procedure whereby a man may take his wife before a qadi and either accuse her of infidelity or deny his fathering...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Murata" VI. Zihar In pre-Islamic times the Arabs practiced a form of divorce which amounted to the husband's reciting the formula, 'You are to me as my mother's back (zahr)', ...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata" V. Forswearing (Ila') 'Forswearing' means to swear an oath in God's name not to have sexual relations with one's wife, either absolutely, or for a period of more than ...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata" IV. The Waiting Period ('Idda) When a woman is divorced or her husband dies, she must wait for a prescribed period of time before she can remarry. If the woman's husba...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata" III. Divorce (Talaq) The pillars of divorce differ according to the schools. The Hanafis and Hanbalis hold that there is only one pillar, i,e., the formula through whi...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata" C. Annulment (faskh) Any time a spouse has certain specified physical or mental disabilities which make continuation of the marriage difficult, the other spouse may an...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata" B. Support (nafaqa) Once the woman has taken up residence with her husband, he must support her in a mode corresponding to the support received by her equals. Support ...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata" A. The Dower (mahr) Whenever a man marries a woman, he must give her a dower in return for the sexual gratification he is to receive. The dower must consist of a speci...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata" D. Witnesses (Shahid) The Shafi'i, Hanbali, and Hanafi schools hold that the presence of two witnesses is a pillar of marriage and that without their presence, the con...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata" C. Guardianship (wilaya) The legal guardian in the marriage contract may be the father, the father's father (Hanafi, Shafi'i, Shi'i), the executor of the father's will...

Adopted from the Book : "Temporary Marriage in Isl...

Adopted from the Book : "Temporary Marriage in Islamic Laws" by : "Sachiko Marata" B. The Persons (mahall) The man and woman must be free of all shar'i hindrances to their marriage, as explained below. The identity of the spouses must be clearly spec...

Adopted from the Book : "Temporary Marriage in Isl...