MutaꜤa (temporary marriage) is ḥarām in the Bayān (fatwa)

 



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I have been asked this question privately, so will answer here and offer my official fatwa. There is no legitimate sanction for the practice of temporary “pleasure” marriage (mutaꜤa /īghih) (متعة/صيغه )  in the Bayān up to the end 11th Unity implicitly. As of the 13th Unity onward (and esp. the 19th gate of the 13th Unity), I have made the matter explicit. As it is practiced by certain segments of the Twelver Shii, it is a arām (forbidden) practice and so it is a form of immorality and prostitution. The adīth literature on it is outright contradictory and there is nothing solid proving that the Infallibles (ع) even sanctioned or legitimated it perpetually despite what some fuqaha would have you believing. Those Shii who claim that (mutaꜤa /īghih) is a basis of their faith are among the existential juhāl (ignorant) and so possess no Aql (Nexal Consciousness/Hiero-Intelligence) and therefore possess no Dīn (religion) either. They are astray on the path of their own physical lusts and so are treading the path of the shayṭān.

And let those who understand matters properly consider the kind of social disequilibrium such an odious practice perpetuates on a long-term basis, esp. the transmission of venereal diseases and the like, not to mention all the children produced by such questionable unions and how such illegitimate unions would disrupt genuine family life and cohesion, and the deleterious impact this has on a society. Additionally, let them consider the utter hypocrisy of the Twelver clerics who rail against the sexual immorality of the West, on the one hand, yet sanction a perverted practice such as this which amounts to the same thing, on the other. Furthermore, the institution of such a practice perpetuates patriarchy and misogyny.

As such, and especially in this Day, temporary “pleasure” marriage (mutaꜤa /īghih) is deemed by the All-High to be adultery (zinā) (زنا) and prostitution (bighaʾa) (بغاء), thus sin.

But note that a monogamous relationship between a man and a woman without the formality of a legal marriage is not temporary “pleasure” marriage (mutaꜤa /īghih). It is rather iqtirān (union) (اقتران) without nikā (formal matrimony) (نكاح). This is fine and perfectly alāl (licit). This form of relationship has also been codified in most Western jurisprudence and is usually known as a defacto relationship.

The Light be upon those who follow the illuminations of the guidance!

339

8 Qawl 176 BE

19 Tahirih 18 NUR

5 Jumada al-Ula 1445 AH

18 November 2023 CE

 

Note Bene: Another definition for 'temporary “pleasure” marriage' (mutaꜤa /ṣīghih) (متعة/صيغه ) in Shi'ism would be male-centred polyamory, since women are not allowed multiple partners in this scheme nor do the women of - or any children produced from - these temporary pleasure marriages possess any of the same rights as a legal wife does (or that legitimate children do).
 
 
See Shahla Haeri Law of desire: temporary marriage in Shi'i Iran (1989) for further reference, https://libgen.rs/book/index.php?md5=DADB3B9386BB9F8196C995711C71C168
 

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