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  ULAMA-E-SHIA

 

 In the name of God the Beneficent the Merciful 

 

AQD-E-MUTTAH

     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.

Halal-e-Mohammad is Halal till to the day of Qiyaamat  

and

Haram-e-Mohammad is Haram till to the day of Qiyaamat.

 Tasfeer-e-Kabeer 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 Quran :-

     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 follow :-

  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  "

 Urdu Translation :-    "  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 Translation :-

   Now while doing the translation of this verse generally the word, Famastamtatum  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  Famastamtatum         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.

  " Abdullah 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 "

 

         The Confessing Statement of Hazrat Umer :-

      Tareikh-e-Khufa 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.  "

         Interesting Joke:-

      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 Haram "

         But we think that the followers of Hazrat Umar are more obedient to Hazrat Umar then his own son Abdullah ...........   ! ! ! !

     Is Muttah 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.

    1:-     Nikah-e-Da'emi cannot be done with married woman so the Muttah also        cannot be done with the married woman.

     2:-    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.

     3:-    Children born with Nikah-e-Da'emi  legally  inherit their  father so the children born with Muttah also legally inherit their father.

     4:-     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 .

     5:-      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

  •   First women will say,  

      " ZAWAJJTUKA  NAFSI  FIL  MUDATIL  MALOOMAH  A'LALL MAHREL  MALOOM "

  •   Then man will say , 

" QABIL TO  TAZWEJA "

 If there is some agent ( wakeel ) for both of them, then:-

  •   First Wakeel will say on behalf of  woman :-

   " ZAWAJJTU  MOWAKKELATI  MOWAKKELAKA  FIL MUDATIL  MALOOMAH A'LALL  MAHREL  MALOOM "

  •    Then Wakeel will say on behalf of man :-

      " 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

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