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Shiavault - a Vault of Shia Islamic Books A Shi'ite Encyclopedia (chapter 6) Debate On the Legitimacy of Mut'a The following piece is adopted from the book "Temporary Marriage in Islamic Law," by Abul Qasim Gourji, and is presented with some modifications. Introduction The word Mut'a was more commonly used than other terms for temporary marriage both during the lifetime of the Prophet and afterwards. Both its proponents and opponents preferred this word and its derivatives.

In books on jurisprudence the terms Mut'a, al-Nikah al-Munqati' (discontinued marriage), and al-Nikah al-Muwaqqat (temporary marriage), Istimta' (having pleasure), and the related word of tamattu' (pleasure) are all employed. The scholars both Sunni and Shia, agree that Mut'a was permitted at the beginning of Islam. However, they disagree as to the reasons it was permitted.

The Shia View In the chapter titled "Women", after listing those women to whom marriage is forbidden, the Quran states as follows: "Lawful for you is what is beyond all that, that you may seek, using your wealth, in wedlock and not in license. So those of them whom you enjoy, give them their appointed wages; it is no fault in you in mutually agreeing after fulfillment (of the wage). God is All-Knowing, All-Wise" (4:24).

All Shia scholars and many Sunni scholars hold that this verse - especially the words: "Such woman as you enjoy (Istamta'tum)" - refers to the permissibility of Mut'a. The Shia present several arguments to prove this point. (See Sharh al-Lum'a, v5, p248-253; Jawahir, v5, p163). This verse was revealed towards the beginning of the Prophet's stay in Medina.

By the revelation of this verse, the temporary marriage became a legal custom in Medina and was looked upon as one kind of marriage and was referred to by the term Istimta'a, the same word employed in the Quranic verse - even though the literal meaning of the word is "to seek benefit" or "to take enjoyment".

Hence the meaning of the Quranic verse must be understood in terms of the conventional usage of the time, for as is well- known in the science of Quranic commentary and Islamic jurisprudence, the Quran follows the conventional usage of the people in all edicts and legal prescriptions. If someone wants to understand a word in the Quran in other than the conventional meaning of the time, he must supply a strong reason for doing so.