In 1895, Mirza Ghulam Ahmad wrote that Nikah-Muta was only allowed for 3 days and then stopped altogether by Muhammad (saw)(See Arya Dharam). MGA also asserted that Nikah-Muta isn’t in the quran or hadith, MGA also wished that Nikah Muta was still available (see the scan in the below). However, this is a bold face lie, 4:24 of the Quran covers the topic of Nikah-Muta as well as many Sahih-hadith from Bukhari. By 1988, and via Malik Ghulam Farid’s famous 5-volume english commentary of the Quran, Ahmadi’s denied Nikah Muta altogether, and thus, contradicted MGA. It is unclear what the 2nd Khalifa wrote in Tafsir i Kabir and Tafsir i Saghir.
4:24 of the Quran by Tafsir Ibn Kathir
(24. Also (forbidden are) women already married, except those (slaves) whom your right hands possess. Thus has Allah ordained for you. All others are lawful, provided you seek them (with a dowry) from your property, desiring chastity, not fornication. So with those among them whom you have enjoyed, give them their required due, but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you. Surely, Allah is Ever All-Knowing, All-Wise.)
Forbidding Women Already Married, Except for Female Slaves
(Also (forbidden are) women already married, except those whom your right hands possess.) The Ayah means, you are prohibited from marrying women who are already married,
(except those whom your right hands possess) except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, “We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah was revealed,
(Also (forbidden are) women already married, except those whom your right hands possess). Consequently, we had sexual relations with these women.” This is the wording collected by At-Tirmidhi An-Nasa’i, Ibn Jarir and Muslim in his Sahih. Allah’s statement,
(Thus has Allah ordained for you) means, this prohibition was ordained for you by Allah. Therefore, adhere to Allah’s Book, do not transgress His set limits, and adhere to His legislation and decrees.
The Permission to Marry All Other Women
(All others are lawful) meaning, you are allowed to marry women other than the prohibited types mentioned here, as `Ata’ and others have stated. Allah’s statement,
(provided you seek them (with a dowry) from your property, desiring chastity, not fornication,) meaning, you are allowed to use your money to marry up to four wives and for (the purchase of) as many female slaves as you like, all through legal means,
((desiring) chastity, not fornication.) Allah’s statement,
(So with those among them whom you have enjoyed, give them their required due,) means, to enjoy them sexually, surrender to them their rightful dowry as compensation. In other Ayat, Allah said,
(And how could you take it (back) while you have gone in unto each other),
(And give to the women (whom you marry) their dowry with a good heart), and,
(And it is not lawful for you (men) to take back (from your wives) any of what (dowry) you gave them)
(O people! I allowed you the Mut`ah marriage with women before. Now, Allah has prohibited it until the Day of Resurrection. Therefore, anyone who has any women in Mut`ah, let him let them go, and do not take anything from what you have given them.) Allah’s statement,
(but if you agree mutually (to give more) after the requirement (has been determined), there is no sin on you.) is similar to His other statement,
(And give to the women their dowry with a good heart). The meaning of these Ayat is: If you have stipulated a dowry for her, and she later forfeits it, either totally or partially, then this bears no harm on you or her in this case. Ibn Jarir said, “Al-Hadrami said that some men would designate a certain dowry, but then fall into financial difficulties. Therefore, Allah said that there is no harm on you, O people, concerning your mutual agreement after the requirement (has been determined).” meaning, if she gives up part of the dowry, then you men are allowed to accept that. Allah’s statement,
(Surely, Allah is Ever All-Knowing, All-Wise.) is suitable here, after Allah mentioned these prohibitions.
Tafsir by Suyuti
“””””And forbidden to you are wedded women those with spouses that you should marry them before they have left their spouses be they Muslim free women or not; save what your right hands own of captured slave girls whom you may have sexual intercourse with even if they should have spouses among the enemy camp but only after they have been absolved of the possibility of pregnancy after the completion of one menstrual cycle; this is what God has prescribed for you kitāba is in the accusative because it is the verbal noun. Lawful for you read passive wa-uhilla or active wa-ahalla beyond all that that is except what He has forbidden you of women is that you seek women using your wealth by way of a dowry or a price in wedlock and not fornicating in illicitly. Such wives as you enjoy thereby and have had sexual intercourse with give them their wages the dowries that you have assigned them as an obligation; you are not at fault in agreeing together you and they after the obligation is waived decreased or increased. God is ever Knowing of His creatures Wise in what He has ordained for them.””””
Nikah Mutah in hadith
In the sixteenth century, during the reign of Akbar, the third emperor of the Mughal Empire, who was believed to be a Hanafi Sunni, debates on religious matters were held weekly on Thursdays. When discussing nikah mut’ah, Shi’ite theologians argued that the historic Sunni scholar Malik ibn Anas supported the practice. However, the evidence from Malik’s Muwatta (manual of religious jurisprudence) was not forthcoming. The Shi’ite theologians persisted and nikah mut’ah was legalized for the twelver Shia during Akbar’s reign.
The thirteenth century scholar, Fakhr al-Din al-Razi said,
Amongst the Ummah there are many great scholars who deem Mut’ah to have been abrogated, whilst others say that Mut’ah still remains.
The Gharab al Quran, the dictionary of Qur’anic terms states,
The people of Faith are in agreement that Mut’ah is halaal, then a great man said Mut’ah was abrogated, other than them remaining scholars, including the Shi’a believe Mut’ah remain halaal in the same way it was in the past. Ibn Abbas held this viewpoint and Imran bin Husain.
Even though nikah mut’ah is prohibited by Sunni schools of law, several types of innovative marriage exist, including misyar (ambulant) and ʿurfi (customary) marriage; however these are distinct from the Twelver Shia understanding. Some regard misyar as being comparable to nikah mut’ah: for the sole purpose of “sexual gratification in a licit manner”. In Ba’athist Iraq, Uday Hussein‘s daily newspaper Babil, which at one point referred to the Shi’ites as rafidah, a sectarian epithet for Shia regularly used by ultraconservative Salafi Muslims, Wahhabi clerics were labeled hypocrites for endorsing Misyar while denouncing Mut’ah.
Malik Ghulam Farid on 4:24
MGA wishes that Nikah-muta is still available
In Arya Dharam, MGA wished that Nikah-mutah was still available so that british soldiers could legally have sex with prostitutes.
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