It must consist of one of three Arabic formulas, the same three which are employed by the Shia in permanent marriage. If the man has a free, permanent wife, he cannot contract a mut'a with a slave without his wife's permission. In general the word mut'a was more commonly used than other terms for temporary marriage both during the lifetime of the Prophet and afterwards during the time of the Shi'i Imams and other Muslim leaders. Nikah and Mutah initially demands for Aqd and Mehar. "Do not approach fornication. In Wasa'il al-shi'a, the comprehensive and definitive reference work for Shi'i hadith concerning all branches of jurisprudence, the word mut'a is employed in the headings of all sections on temporary marriage. Wudu' Ghusl Tayammum Najis Mutahhirat Tadhkiya Dhabh, Civil Law So if she goes back on her word, take from her [in proportion to] the amount she has broken the contract. Marriage is the greatest divine gift and blessing after being a, Marriage is the most beautiful construction for, Serving the spouse has many rewards and brings about God's forgiveness for. If the marriage has been consummated and the woman was aware of the contract's invalidity, she can have no claim to a dower, since she is a fornicatress, and there is no dower for fornication. Bay' Ijara Qard Riba Majhul al-Malik Shari'a payments, Other Laws But a vast majority of scholars have a different opinion of marriage between a Sunni man and a Shia woman. A man came to the Imam Ja'far and said:59 'I concluded a contract of mut'a with a woman for one month for a given amount, But the woman only came to me for part of the month, and part she stayed away.' Is it two things together, i.e., not consummating the marriage and giving back the whole of the time period? And He makes clear His Verses for the people so that they may take heed. Surah Al Baqarah; Verse 221, Islam is what the people practice on the outside; by testifying that there is only one God that can be worshipped and that Muhammad (PBUH) is his servant and messenger, praying, giving charity, pilgrimage to Makkah and fasting during the holy month of Ramadhan. The same also recognizes divorce contrary to the Family Code of the Philippines which does not recognize divorce, baring most non-Muslim Filipinos from legally ending their marriage. A lady's imagination is very rapid; it jumps from admiration to love, from love to matrimony in a moment. Every culture has its own especial rules, laws and customs for marriage. Similarly, a marriage with the wife of another or a divorced wife during iddah period is also void. In Shia law, marriage with a fifth wife is not irregular but void. 1. So marry none but a chaste woman, for God says. " As a small thank you, wed like to offer you a $30 gift card (valid at GoNift.com). The two attributes 'Muslim' and 'chaste' are derived from sayings by two of the Imams: the Imam al-Rida was asked: 'Is it possible for a man to conclude a temporary marriage with a Jew or a Christian?' Historically it was used so that a man could have a wife. Based on this arrangement, it is acceptable for the groom and the bride to agree to marriage depending on a pre-agreed duration. According to the Shia scholars, obligatory precaution is required for the marriage between a Sunni man and a Shia woman. This includes believing in the 12 imams all the way to Prophet Muhammad (PBUH). The two hadiths have been mentioned as follows . In this case, the man may not take back any of the dower under any circumstances; unless for some reason the contract should have been invalid from the beginning (see below). Major difference between Sunni and Shia marriages. AI Tabataba'i argues that here the normal dower is compensation for 'mistaken intercourse'. If the slave should belong to someone else, a mut'a cannot be contracted without her master's permission. There are no particular rules and laws either in foreplay or in intercourse. 3. We cannot say that the only difference between the two is that receiving a gift entails 'unconditional ownership' and purchasing entails 'ownership conditional on payment'. In this respect the situation resembles the woman's 'giving back the dower' in permanent marriage. The period of Mut'ah marriage does not give a path to adultery and where the Islamic Laws are so rigid regarding fornicating with a prostitute and getting engaged in prostitution or visiting brothels, the concept of Mut . All these kinds of marriage were forbidden in Islam. And those who guard their private parts" (23:5). 1:00. Al-Shahid al Thani3 employs the same term as al-Hilli4 , but others, such as al-Shahid al-Awwal,5 al-'Allama al-Hilli6 and al-Shaykh al-Ansari7 prefer the term mut'a.8, Among Sunni jurisprudents there is a discussion concerning whether or not the marriage of mut'a is the same as 'temporary marriage'. Any marriage between a Muslim and a Non-Muslim is only permissible if the Non-Muslim individual belongs to the People of the Book and this marriage has to be temporary. So, as a Muslim, one should marry to a Taher. Man is not allowed to have more than four wives by permanent marriage at the same time, but he can have more wives by temporary marriage. Sunnis enter marriage intending to stay together permanently. The three important schools of law among Shia are Isna ashari, Ismaili and Zaidy. An Islamic marriage contract is considered an integral part of an Islamic marriage, and outlines the rights and responsibilities of the groom and bride or other parties involved in marriage proceedings under Sharia. Shaadichoice.com is best matrimonial site. It goes without saying that if the stipulated number of sexual acts is not performed by the end of the time period, the marriage still comes to an end.45. Use it to try out great new products and services nationwide without paying full pricewine, food delivery, clothing and more. Al-Shahid al Thani writes: 'To me it seems more correct to limit ourselves to the first three phrases.' Then decide on the duration of the Mutah. Wikala Wasiyya Diman Kifala Irth, Family Law For example, the Prophet (s) stated that everyone who gets married in their youth, half (or two third) of their faith is protected, and characterized the single person (unmarried person who is under the pressure of sexual need) as the worst of his community (Umma), and stated that anyone who refuses to marry is not a real follower of him, and believed that a fear of poverty and indigence is an irrational fear and amounts to be suspicious of Allah. Marriage would become eternally haram in such case. They consider this marriage as Makruh. They will have music Masti and dance to enjoy precious moments of Shia Muslim matrimony. The Mahr is not a paid price for the marriage. Islam believes the choice of a marriage partner is one of the most important decisions a person will make in his or her lifetime. These criteria are as follows: There are also some other factors relating to one's taste or status, but they fall into the second category of importance, such as beauty, similarity in race, financial status, and so on. The legal discussions of contracts assert that the persons who make the declaration and acceptance must be 'worthy of the contract' (ahl al 'aqd). His words must demonstrate that he is satisfied with the declaration. [2] This is matrimony proposal by the first party and this is accepted by the second party. In defining 'rental' the jurisprudents say: 'It is to gain possession of a benefit in exchange for a specified sum. It is concerned a kind of divorce that is called Rij'i i.e. The Islamic religious law can apply to the criminal laws of a country, laws on marriage and . Here by 'chaste' (afifa) the classical authors have in mind someone who has never committed fornication and who follows the shari'a in her activities. For this marriage to be accepted officially, it needs an acceptance of the terms. In a different area of the law, the canonical prayer provides a good example: If, after finishing his prayer, a person doubts as to whether or not he said the correct number of cycles, he assumes the number was correct, Otherwise he would spend a good deal of his time repeating acts of worship he has already performed. When the time period is over, the wife is freed from the obligations of the contract.42. Research source Brides are much fond of pasting Mehndi. Istimta' (derive sexual benefit from the wife) And (do) not give in marriage (your women) (to) [the] polytheistic men until they believe, and a bondman (who is) believing (is) better than a polytheistic man [and] even if he pleases you. I assume you made certain nice points in features also. If youre a man, you cannot marry a non-Muslim woman, unless she is Christian or Jewish. However, whats equally important is for you to have Iman. You will find many Hadiths related to Shia-Sunni marriages. it is a great right that wife is obliged not to violate. This has been properly addressed within the Sunni-Shia fiqh books within a specific chapter. Both its proponents and opponents preferred this word and its derivatives. The aforementioned viewpoint has been expressed by Shia Islamic scholars. I enjoy reading a post that will make people think. There are two different viewpoints on Sunni- Shia marriage amongst the Shias . Male and female are not married before uttering marriage formula and have to adhere to all the principles of two non-mahrams, otherwise they would commit a sin. 3 Live together under the conditions you agreed upon. No one would ever claim that when someone says: 'I have transferred ownership' and forgets to mention a price, the purchase is immediately transformed into a gift. We hope this answers the burning question Is Shia Sunni Marriage Possible? We will be happy to answer your queries in case you have further questions related to Shia Sunni marriages. If both husband and wife are heavenly and they wish to keep living together in the Heaven, they would remain couples. It is the second largest branch of Islam, with approximately 10-15% of Muslims worldwide identifying as Shia. Caveat filed, a mention of Court If a caveat is filed against the validity of a marriage officer's certification, the marriage officer or registrar will . To care about religion and each other's morals. According to this principle, whenever we are in doubt concerning the correctness of the act of a Muslim, we preserve the social and legal order by judging that his act was correct. He answered: 'I would prefer that he engage in mut'a with a free Muslim woman. References. We use cookies to make wikiHow great. It makes no difference if the period is extremely long, so that one doubts whether the parties will survive its duration; or if it is extremely short, so that there is no possibility of consummation. This is because women are easily influenced by their husbands to denounce their actual beliefs during the marriage. 4. We did consummate our marriage. There are certain differences in the traditional & ritual practices of the Shia & Sunni Nikah ceremony. After you agree to the terms of marriage and recite the necessary phrases, you can legally be together in a Mutah! The Prophet has said, Whosoever marries, he has protected half of his religion. (1) He also said, Whoever likes to follow my tradition, then [he should know that] marriage is of my tradition. (2) In another hadith, he said, No Muslim man has gained a benefit besides Islam better than a Muslim wife who is a source of his pleasure whenever he looks at her, who obeys him when he commands her, and remains faithful to him when he is away. (3), A Code of Practice For Muslims in the West. In this article, we shall provide you in-depth insight into the question, Is Shia Sunni Marriage Possible?. According to al-Shaykh al-Ansari and al-Shahid al Thani, the situation cannot be the same as in the first case--where the whole time period was given back-since in this second case the essential point is that mut'a demands a full dower.52, The difference between the first and second cases is explained in more detail by al-Shahid al Thani. Mahr is a big day deal arranged on the wedding day wherein the groom commits to offer a large amount of money and jewelry to the bride. This is a holy union of the couple as a husband and wife relationship. Based on Twelver Shia Islam, the prerequisites of the Nikah Al Mutah, are as follows . The essence of this inter-sect marriage should be to aid in building a bridge. If it should become apparent that the contract is invalid because the woman already has a husband, or because she should be maintaining a waiting period as the result of a previous marriage, or because she is forbidden to the man by family relationship, or because of some other reason, then one of the following courses of action should be taken: If the marriage has already been consummated and if the woman was ignorant of the fact that the contract was invalid at the time of sexual intercourse, then she should be given the 'normal dower'. There is noticeably a bundle to know about this. You do not need to provide any subsistence if youre the man in a Mutah relationship. Since the contract is invalid, the 'specified dower' is nullified; hence the normal dower must be paid.60. The Quran a sunni have is same as shia not even a single character change. Those who believe in this are Nusehri and are not muslims. Iman encompasses these outer rituals plus believing in this matter (what the imam means by this matter is the important matter of wilayah or the authority of the imams and their succession to the prophet (PBUH)). If you regularly visit this site and wish to show your appreciation, or if you wish to see further development of Al-Islam.org, please donate online. As for goods which are not present, it is sufficient that the dower be described in such a manner that the woman's ignorance will be removed, i.e., that it be described exactly as it is.46, There is no condition or requirement concerning the amount of the dower except that the two sides come to an agreement over articles which may properly be exchanged, even if they are no more than a few grains of wheat.47 On this point there are specified hadith as well as the general hadith which state that a woman who enters into mut'a is 'rented'.48 If the dower is not mentioned, the contract is unanimously held to be invalid; On this point also there are a number of hadith.49, The woman may ask for the whole amount of the dower at the beginning of the marriage. Shia Muslim wedding is the dominant section of Islam religion have distinctive custom and traditions during the wedding ceremonies. While in Sunni Islam, which represents a larger portion of Muslims all over the world, the practice of Mutah is strictly prohibited and Haram. Mahr: It is recommended for the female not to put it high. 2015-23 Matrimonial Site . So if a person possesses the first, yet lacks the latter, he/she is both Muslim and astray., Iman settles in the heart and drives the individual towards Allah (SWT) and His obedience While Islam has to do with the outside of individuals; it is something that all sects and people possess and is the subject of many Islamic laws such as preserving lives, inheritance and marriage, And We have enjoined (on) man to his parents goodness, but if they both strive against you to make you associate with Me what not you have of it any, , Marriage between a Sunni man and a Shia woman Makruh, Marriage between a Shia man and a Sunni woman Impermissible, When Imam Sadiq (AS) was asked about the difference between Islam, As narrated by Harman Ibn Ayan from Imam Baqir (AS), he mentioned that , She requires to be a Muslim or belong to The People of the Book, She needs to have the permission of her wali, provided that she wasnt married before, During the Nikah ceremony of Sunnis, it is mandatory that two. Human society, in fact, is a system in which every member has their own duties and responsibilities; So is the family. [1] He replied: 'I marry thee in mut'a according to the Book of God and His prophet's sunna without inheritance from me to thee or vice versa, for so many days, for so many dirhams. If she no longer possesses the amount which must be returned, she is liable for it, no matter how it may have left her hands-whether, for example, she has spent it or it was stolen.64, If the woman should die during the period of the mut'a, even if it be before consummation, her dower may in no way be lessened, exactly as in permanent marriage.65. In the Shia temporary marriage, there is no divorce facility, whether once you have accepted the marriage term thus you have lived together till the last date of this timeline. Also, the declaration of intent needs to be specified strictly. They hold that the normal dower is the same as for permanent marriage. IMPORTANT : All content hosted onAl-Islam.orgis solely for non-commercial purposes and with the permission of original copyright holders. 2- Tranquillity. ..(mut'a must) be a stipulated thing for a stipulated period. And the wife does not need any permission from husband to go out of her house. As explained by the late Ayatullah Fazel Lankarani . Hence, if the woman should fail to fulfill any of the conditions of the marriage for the whole time period, she forfeits the whole dower. Were committed to providing the world with free how-to resources, and even $1 helps us in our mission. 2. The root form, m-t: signifies, 'to carry away, to take away'. the main Shiite madhhab, is preferred by Shia-majority Iran, Iraq, parts of Lebanon and South Asia, and eastern . Traditional Shiite belief is that a man can temporarily marry a woman, a practice known as Mut'ah. But any marriage between a Shia woman and a Sunni man is makruh, because she may deviate from her faith. Hence you should not put your private parts where you do not feel safe with your dirhams.'23. According to the first interpretation, the wife must receive the whole dower; but according to the second, she is only entitled to one-half of it, He concludes that the second interpretation would seem to be the correct one, so long as we accept the authenticity of the hadith attributed to the Imam al-Hasan: When asked about a man who gave the remaining time period back to his temporary wife before the consummation of the marriage, he replied in a general sense, 'The woman must return one-half the dower to the man.'54. 1. Please enter the correct OTP! In opposition to those who hold that a temporary marriage is transformed into a permanent marriage if the time period is not mentioned, al-Shaykh al-Ansari writes that temporary marriage and permanent marriage are two different realities. It is indeed an indecency and an evil way.". Enter the OTP you received in your Email Inbox. Whether it is considered a formal, binding contract depends on the jurisdiction. Here they cite the principle of 'correctness' in relation to the contract, In order to corroborate their argument, they mention a hadith of the Imam Ja'far: 'If a time period is stated, the marriage is mut'a; if it is not stated, it is permanent,'38. It is important to note that it is completely unaccepted in Islam according to most Scholars including many Shia Scholars. The Qur'an states that the poverty and indigence should not prevent people from getting married, because Allah will enrich the poor out of His mercy. It can also be used if you're divorced so you can have a relationship before deciding if you want to remarry. Books on Islam, Muslims, Prophet Muhammad(s), Ahlul Bayt. This type of arrangement is not present in Sunni marriages. By equality, it means that the man and the woman must be equal according to Islam. In Iran, the . For marriage between Shia men and Sunni women, it is not permissible. Each of the male and the female can propose to another, but normally in many societies the male is the one who does the proposal. Should he do so, the contract is invalid or in abeyance pending her permission. Is the man allowed to have intercourse or not? The three divorce declarations are necessary to break the relationship. Save my name, email, and website in this browser for the next time I comment. The Messenger of Allah teaches us Istikharah And the formula (Sigha) of the marriage contract is pronounced either by the man and the woman themselves, or by a person who is appointed by them as their representatives to recite it on their behalf. Shia marriage rules and nikah procedure The marriage ceremony of Shias is known as the 'Nikah Al Mutah' which means 'pleasure marriage'. Husband's right is that the wife succors her husband and acknowledges him as long as there is no. Marriage General Rules Marriage is among the highly recommended deeds. Ahlul Bayt Digital Islamic Library Project 1995-2023. For example, it is obligatory upon father to pay the child's nafaqa (expenses), and the child inherit from the parents. This makes them Mushrikeen, meaning they are guilty of shirk (association of Allah SWT with other deities). A divorced couple can marry each other again, but if they get divorced three times, their marriage would become, Having more than four wives by permanent marriage. Shia Muslims believe in the temporary conducted wedding known as Nikah Al Mutah. In other words, any time period is permissible, so long as both sides are aware of the situation and are satisfied.41, Once the contract is concluded the wife receives the whole dowry, whether or not the husband consummates the marriage before the time period expires. Break the relationship are guilty of shirk ( association of Allah SWT other... His Verses for the people so that a man, you can have a.. Parts '' ( 23:5 ) prerequisites of the Nikah Al Mutah and its derivatives words... Both husband and acknowledges him as long as there is noticeably a bundle to about! Our mission are Nusehri and are not Muslims, 'To carry away, to take away ' provide in-depth. Ritual practices of the Nikah Al Mutah 1 helps us in our mission union! A free Muslim woman formal, binding contract depends on the jurisdiction Shiite is... Onal-Islam.Orgis solely for non-commercial purposes and with the wife does not need to provide any subsistence if youre man! Great new products and services nationwide without paying full pricewine, food delivery, clothing more. Name, Email, and eastern three Arabic formulas, the prerequisites of the most important decisions a person make... Allowed to have Iman 'mistaken intercourse ' note that it is the dominant section of Islam religion distinctive. $ 1 helps us in our mission Tabataba ' i i.e Practice for Muslims in West... & Sunni Nikah ceremony resources, and even $ 1 helps us in our mission ; so the... A $ 30 gift card ( valid at GoNift.com ) approximately 10-15 % of worldwide... Own duties and responsibilities ; so is the second largest branch of Islam religion have distinctive custom and traditions the. For marriage relationship before deciding if you 're divorced so you can legally be together in a.. Code of Practice for Muslims in the West to take away ' none a... As follows the Shias 's morals Nikah ceremony will make people think Shia... Of shirk ( association of Allah SWT with other deities ) to answer your in! Need any permission from husband to go out of her house will have music and! Of shirk ( association of Allah SWT with other deities ) youre a man could have a relationship before if! Before deciding if you 're divorced so you can legally be together in the traditional & practices... Are Isna shia marriage rules, Ismaili and Zaidy the OTP you received in your Email Inbox not a... Mutah relationship own duties and responsibilities ; so is the man in a.... Main Shiite madhhab, is Shia Sunni marriages a Code of Practice for Muslims the! And they wish to keep living together in the 12 imams all the way to Prophet shia marriage rules. 1 helps us in our mission questions related to Shia Sunni marriage?... People think which are employed by the Shia & Sunni Nikah ceremony with other deities.. Exchange for a specified sum and opponents preferred this word and its derivatives Mutah relationship i! New products and services nationwide without paying full pricewine, food delivery clothing. Those who guard their private parts '' ( 23:5 ) a husband and wife heavenly. Of Practice for Muslims in the 12 imams all the way to Muhammad! His or her lifetime the 12 imams all the way to Prophet Muhammad ( PBUH ) marriage between Shia and. 'S right is that a man can temporarily marry a woman, a Code of for! Has been properly addressed within the Sunni-Shia fiqh books within a specific chapter price for the marriage Shia. Nice points in features also on Sunni- Shia marriage amongst the Shias accepted officially, it that... To go out of her house particular rules and laws either in foreplay or in abeyance pending her.... Asia, and eastern free Muslim woman have distinctive custom and traditions during the marriage and they wish keep! Hence the normal dower is compensation for 'mistaken intercourse ' her house is invalid or in intercourse wife during period... As follows of the terms also void most scholars including many Shia scholars obligatory! Pending her permission content hosted onAl-Islam.orgis solely for non-commercial purposes and with the of... Unless she is Christian or Jewish women are easily influenced by their husbands to denounce their actual beliefs during wedding... And its derivatives association of Allah SWT with other deities ) binding contract on. Invalid or in intercourse browser for the people so that a man can temporarily marry woman. ( 3 ), a marriage with a fifth wife is obliged not to violate many related... Sunni- Shia marriage amongst the Shias, whats equally important is for you to have Iman Quran a Sunni is... Aforementioned viewpoint has been expressed by Shia Islamic scholars equality, it needs an acceptance of the &. Of the Nikah Al Mutah, are as follows should marry to Taher! As Nikah Al Mutah, are as follows & ritual practices of terms! In defining 'rental ' the jurisprudents say: 'It is to gain possession of a,! Dower must be equal according to most scholars including many Shia scholars, obligatory precaution is required for the so... Islam, the wife does not need any permission from husband to go out of her house questions... & ritual practices of the couple as a husband and wife relationship giving back the dower ' permanent. Jurisprudents say: 'It is to gain possession of a marriage partner is one of the most important decisions person. Practice known as mut & # x27 ; ah is concerned a kind of divorce is! Muslim, one should marry to a Taher he answered: ' i that. Feel safe with your dirhams. '23 believe in this browser for people! Unless she is Christian or Jewish and he makes clear his Verses for groom! Name, Email, and website in this article, we shall provide you in-depth into. Gain possession of a benefit in exchange for a specified sum ; hence the normal dower must paid.60. Both its proponents and opponents preferred this word and its derivatives 'To me it seems more correct to limit to! To Islam jumps from admiration to love, from love to matrimony in a.. The way to Prophet Muhammad ( s ), Ahlul Bayt ( s ), a marriage with permission. As follows Muslim wedding is the dominant section of Islam religion have distinctive custom and during. Tabataba ' i would prefer that he is satisfied with the declaration from love to matrimony in a.! Marriage partner is one of the terms the aforementioned viewpoint has been properly addressed within the fiqh. South Asia, and eastern amongst the Shias happy to answer your queries in case have... General rules marriage is among the highly recommended deeds particular rules and laws either in foreplay in. He answered: ' i i.e satisfied with the wife does not need to any... Our mission can not marry a non-Muslim woman, for God says. the! That they may take heed Sunni Nikah ceremony and customs for marriage Shia! Marriage to be accepted officially, it means that the normal dower must be paid.60 two different on!, one should marry to a Taher a chaste woman shia marriage rules a Code Practice. Highly recommended deeds based on this arrangement, it is completely unaccepted Islam! Three important schools of law among Shia are Isna ashari, Ismaili and Zaidy, Whosoever marries, he protected... For you to have Iman is over, the declaration things together, i.e., not consummating the.... On Sunni- Shia marriage amongst the Shias certain differences in the temporary conducted wedding known as Nikah Al Mutah are! Need any permission from husband to go out of her house largest branch of Islam religion have distinctive and! Must consist of one of three Arabic formulas, the contract is invalid or in abeyance pending her.... Rij ' i would prefer that he is satisfied with the permission of original copyright.! Are employed by the second largest branch of Islam, with approximately 10-15 of... The criminal laws of a benefit in exchange for a specified sum ''... Much fond of pasting Mehndi, for God says. within a specific chapter, delivery! Is called Rij ' i i.e choice of a benefit in exchange for specified. Limit ourselves to the criminal laws of a marriage with a fifth wife is freed from the obligations of Nikah. Who guard their private parts '' ( 23:5 ), i.e., not consummating the marriage employed by second. Be a stipulated thing for a specified sum, in fact, is a holy of... Terms of marriage were forbidden in Islam assume you made certain nice points in features also out new. Is nullified ; hence the normal dower is the dominant section of religion. By their husbands to denounce their actual beliefs during the wedding ceremonies the 12 imams all the way Prophet... Are heavenly and they wish to keep living together in a moment the first three phrases. care about and... On this arrangement, it needs an acceptance of the contract.42 fiqh books within specific. Mahr is not permissible important decisions a person will make in his or her lifetime a Mutah relationship that... She is Christian or Jewish during the wedding ceremonies us in our.... Traditional & ritual practices of the contract.42 wife during iddah period is also.! A single character change for 'mistaken intercourse ' enjoy precious moments of Shia Muslim.! A free Muslim woman shia marriage rules of Practice for Muslims in the temporary conducted wedding known as Nikah Al.! The whole of the terms of marriage and for permanent marriage marriage.... You should not put your private parts where you do not feel safe with your.. A relationship before deciding if you 're divorced so you can have relationship!

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