Mut’ah marriage means that a man marries a woman – either Muslim or from the people of the Book – and specifies how long the marriage will last, for example five days, or two months, or half a year, or many years. The beginning and end of the marriage are specified, and he pays her a small mahr (dowry), and after the specified time is over, the woman exits the marriage. This kind of marriage was permitted during the year of the Conquest of Makkah for three days, then it was disallowed and prohibited until the Day of Resurrection. This was reported by Muslim (1406).

 

Imaam Muslim said in his Saheeh:

 

Baab Nikaah al-Mut’ah (Chapter on Mut’ah marriage and the statement that it was permitted, then abrogated, then permitted, then abrogated, and this prohibition remains in effect until the Day of Resurrection).

 

From Iyaas ibn Salamah from his father, who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) gave sanction for contracting temporary marriage (mut’ah) for three nights in the year of Awtaas [after the Battle of Humayn in 8 AH], then he forbade it.” (2499)

 

From al-Rabee’ ibn Sabrah from his father: on the day of the Conquest (of Makkah) the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade temporary marriage (mut’ah) with women. (Saheeh Muslim, 2506)

 

And also from him (may Allaah be pleased with him): that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade mut’ah and said: “It is forbidden from this day of yours until the Day of Resurrection, and whoever has given anything [as a dowry] should not take it back.” (Saheeh Muslim, 2509).

 

From ‘Ali ibn Abi Taalib: that the Prophet (peace and blessings of Allaah be upon him) forbade temporary marriage to women and the flesh of donkeys at the time of Khaybar. This was narrated by al-Tirmidhi, who said: the hadeeth of ‘Ali is hasan saheeh and this is what was followed by the scholars among the companions of the Prophet (peace and blessings of Allaah be upon him) and others… this is also the view of al-Thawri, Ibn al-Mubaarak, al-Shaafa’i, Ahmad and Ishaaq. Sunan al-Tirmidhi, 1040.

 

The wife is the one with whom one stays on a long-term basis, as Allaah says (interpretation of the meaning):

 

“… and live with them honourably …” [al-Nisaa’ 4:19], but in the case of mut’ah a man does not live with the woman for long.

 

The wife is the one who is called a wife in sharee’ah, with whom the relationship is long-lasting. She is mentioned in the aayah (interpretation of the meaning):

 

“Except from their wives or (the slaves) that their right hands possess, ¾ for then, they are free from blame” [al-Mu’minoon 23:6] – the latter (a slave whom one’s right hand possesses) is not a wife according to sharee’ah, because her stay is limited to a short time.

 

The wife is the one who inherits from the husband, or from whom the husband inherits, because Allaah says (interpretation of the meaning):

 

“In that which your wives leave, your share is a half if they have no child…” [al-Nisaa’ 4:12]. But the woman in a mut’ah marriage does not inherit, because she is not a wife, since she spends such a short time with the man.

 

On these grounds, Mut’ah marriage is considered to be zinaa (adultery or fornication), even if both parties consent to it, and even if it lasts for a long time, and even if the man pays the woman a mahr. There is nothing that has been reported in sharee’ah that shows that it may be permitted, apart from the brief period when it was allowed during the year of the conquest of Makkah. That was because at that time there were so many people who has newly embraced Islam and there was the fear that they might become apostates, because they had been used to committing zinaa during the Jaahiliyyah. So this kind of marriage was permitted for them for three days, then it was made haraam until the Day of Resurrection, as was narrated by Muslim, 1406.

 

From al-Lu’lu’ al-Makeen min Fataawa Fadeelat al-Shaykh ‘Abd al-Rahmaan ibn Jibreen, p. 41.