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 Prophet
the Muttah was not only the legal Aqd but was also fully in
practice as well. Now if there is any dispute on this issue is that
whether according to Shar'ee point of view this Aqd is still legal or
it is cancelled.

Before proceeding forward it must be cleared to all , that to

cancel any act of Shariyat is only in the authority of Holy Prophet
and non of anyone else. If any act of Shariyat -e-Mohammadi was
not cancelled by the Holy Prophet and remained legal to the last
movement of Holy Prophet then that act will remain legal till to the
day of Qiyaamat and even the whole Ummah could not declare any
Halal -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 of

Qiy aama t

and

Har am- 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 and
admissible in Islam and no one has any dispute in it. "

Now the question is that, Is this admissible act of Shariyat still

admissible or became unlawful and prohibited ?

So we know that to Hazrat Ali, Ahllalbait-e-Nabvi and to a group

of Sahaba Karam like Hazrat Abdullah Ibn-e-Abbas, Imran bin

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Haseen, Jaber Ibn-e -Abdullah Insari, Muslim Ibn-e-Aqwa, Saeed
Bin Jabeer , Mujahed and Atta, (Rezwan-ul-llah Alay Him) the
Muttah is lawful and admissible act and is not being cancelled.

Justification Of Muttah In the Light Of Holy Quran :-

Ayat-e-Muttah is in the Holy Quran , Allah says that we do not

cancel any Ayat of Quran till we bring batter Ayat for that, so if the
Ayat of Muttah is cancelled ( as it is claimed ) than which Ayat is
revealed in its place which replaces the Ayat-e-Muttah ?

and if we don't find any replacement for Ayat-e-Muttah in Holy

Quran , it means that Ayat-e-Muttah is not replaced or cancelled.
and when a Hadeeth cannot cancel the Ayat of Holy Quran then
how the declaration of some one can cancel the Ayat of Holy Quran
???

The Ayat of Muttah is as follow :-

Para-5 Surah Nisa, from the middle of Ayat-24. "

Famastamtatum Behi Minhunna Fatuhunna Ajoorahunna
Farizatan Wala Junaha Alaikum Fima Trazaitum Behi Min Ba'adil
Farizatin Innallaha Kana Aleemun Hakima "

Urdu Translation :- " Jin Aurtoon sey tum ney Muttah kia hey un
ka jo Mehr mukarrar hoa hey woh un ko dey do agar Mehr ki kami
beshi par tum apas mein razi ho jaoto tumharey zimmey koi Guna
nahi , Beshak Allah Aleem aur Hakeem hey "

The trick in Translation :-

Now while doing the translation of this verse generally the word,
Famastamtatum is translated as when you get benefit from them
,but the direct translation ' when you do Muttah with them ' is
avoided , those this translation is not wrong but is against the
prevailing way of translation where always by doing translation we
do not take the literary meaning of the word but take their Sharri
sense of acceptation is taken, for example :- The literary meaning
of, Salaat is Dua, Soom means to hold on, Hajj means

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Attention. But we know that in Sariyyat these words have their
special meanings which are quite different from their literary
meaning and when such words will come in Ayyat or in narrations
their Sharri meaning will be taken and not the literary meanings.
For example while one says " Qad Qama-tessalaat " it means to
perform 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 is
to take benefit but this word has its complete sense and meaning
in Sharri language. Therefore while translating the Quranic word
Famastamtatum to avoid its Sharri meaning that is Muttah,
shows that some thing some where is being wrong or some
weakness 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 Bin

Kaab while reciting the above ayat-e-Muttah used to recite it in a
such a way that its translation become like this :- " When you do
Muttah with women for some fixed period you must pay their Mahr
to 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 not

prohibited from Muttah then some most unfortunate and vulgar
may have committed adultery ( Zina ).

Now from the above saying of Hazrat Ali it could be easy

concluded that by stopping the legal and Sharri act of Muttah has
resulted in the overspread of Zina and who is the one, responsible
for 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 Rahmat

for 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 Ayat
about Muttah in the Holy Quran and did not cancelled it, Holy
Prophet ordered for Muttah and then did not stop from it, but
later 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 Jaber

Ibn-e-Abdullah when a person came and asked him about
Muttah, Hazrat Jaber replied, " We acted on Muttah during the
period of Holy Prophet but later Umar Ibn-e-Katab prohibited
from it. "

From the above saying of four Sahaba-e-Karam it is very

cleared that all of them referred it prohibition not to Holy Prophet
but to Hazrat Umar, and according to famous narration that the
Mazhab of the people is that of their Rulers so the masses obeyed
what their Ruler ordered and ultimately the position reached to
such 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 Holy
Prophet 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 during
the period of Holy Prophet but I decleared it HARAM. "

Interesting Joke:-
According to Al-Mohazerat of Raghab Asfahani one day a man
asked Hazrat Abdullah Ibn-e-Umar about legality of Muttah, he
replied that it is legal and lawful, on his reply the man said that
your father (Umar) declared it Haram. On this Hazrat Abdullah said
that did not my father say that it was Halal in the period of Holy
Prophet and I declare it Haram , the man replied yes he said like
this, so Hazrat Abdullah Ibn-e-Umar said that I certify the first part
of the statement of my father that it was Halal in the period of Holy
Prophet and I did not agree with the second part of the statement
that - I declare it Haram - because who is my father to declare the
Halal-e-Mohammad as Haram "

But we think that the followers of Hazrat Umar are more

obedient to Hazrat Umar then his own son Abdullah ........... ! ! ! !

Is Muttah Nikah or Zina ???

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

Muttah ( a temporary Nikah ) and the Nikah-e-Da'emi ( Permanent

Nikah ) resemble in most of the points except few which decide
and distinguish the separate position of Muttah.

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

Muttah also cannot be done with the married woman.

2:- In Nikah-e-Da'emi it is must the the Sigha of Nikah to be

read out in a correct way, so in Muttah it is must that Sigha of
Muttah 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 their
father so the children born with Muttah also legally inherit their
father.

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 woman
in Iddat after divorce .

5:- In Nikah-e-Da'emi after divorce the women has to

observed Iddat so in Muttah after finishing of Muttah period
woman has to observed Iddat. ( the period of Iddat in Muttah is half
of that in Nikah-e-Da'emi )

6:- Mahr has to be fixed in Nikah-e-Da'emi so the Mahr has to

be fixted in Muttah also.

All the above conditions are not there in Zina. so one could easily
justify 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 your
conscience 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 till

the woman is divorced or one of them dies but in Muttah which
differs here is that man and women themselves decide the period
of their Aqd and after the expiry of that decided period the woman
automatically considered as divorced and after this again the
same common rules about Iddat for Nikah-e-da'emi and Muttah get
enforced.

Before going to last conclusion its batter to mention the Siga-

e-Muttah over here. So after the decision of Mahr and the period of
Aqd if the man and the woman themselves want to read the Sigha
than it will be read as below

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 Sigha -e- Muttah
• First women will say,

" ZAWAJJTUKA NAFSI FIL MUDATIL MALOOMAH A'LALL

MAHREL 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 MUDATIL

MALOOMAH 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 to
conclusion that the order of Muttah was revealed
in Holy Quran and was ordered by Holy prophet
and was nether cancelled in Quran nor prohibited
by the Holy Prophet but contrary to Allah and

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 Rasool was declared prohibited by Hazrat Umar
and was enforce with the power of state ,as many
other 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 position
for the followers of Hazrat Umer became very
critical because there is Allah and Rasool on one
side and the declaration of Hazrat Umar on the
other side so they could adopt one and they
always adopt the decision of Hazrat Umar in all
such cases where ever he strikes with Allah and
Rasool , and they openly reject the decision of
Allah 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 for
each other unless you renew the Mutah and repeat this procedure
again.
5. You need to mutually agree on a Mahr. Mahr is the gift that the man
gives to his wife as part of the contract. It can be anything, and it is
better if it is not extravagant in its value. Some hadith report that
some of the Companions of the Prophet would enter into Mutah with
a handful of dates or wheat as the Mahr.
6. You can agree to other conditions if you two so wish. It is not
obligatory to do this, however, once you do agree to any conditions
at this point it becomes obligatory for you to abide by them once you
are in the Mutah marriage.

First the lady says:

Zawajtuka nafsi fil muddatil ma’loomati ‘alal mahril ma’loom.

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! That’s it! You are now halal for each other for the time period
that you agreed!

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