the name of God the Beneficent the Merciful
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-e-Mohammad is Halal till to the day of Qiyaamat
is Haram till to the day of Qiyaamat.
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 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
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
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 "
" 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
while doing the translation of this verse generally the word,
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 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
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.
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 :-
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 "
Statement of Hazrat Umer :-
P-136, Tafseer-e-Kabeer Pt-3 P-289, Sarah-e-Fazal Qooshegi, P-484:-
" Hazrat Umar
decleared, Muttah was legal and lawful during the period of Holy Prophet
but I decleared it HARAM. "
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
But we think that the followers of Hazrat Umar are more obedient to Hazrat
Umar then his own son Abdullah ........... ! ! ! !
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.
Nikah-e-Da'emi cannot be done with married woman so the Muttah also
cannot be done with the married woman.
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.
Children born with Nikah-e-Da'emi legally inherit their
father so the children born with Muttah also legally inherit their father.
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
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 :-
Sigha -e- Muttah
" ZAWAJJTUKA NAFSI FIL
MUDATIL MALOOMAH A'LALL MAHREL MALOOM "
TO TAZWEJA "
there is some agent ( wakeel ) for both of them, then:-
" ZAWAJJTU MOWAKKELATI MOWAKKELAKA FIL MUDATIL
MALOOMAH A'LALL MAHREL MALOOM "
" 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 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