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Shiavault - a Vault of Shia Islamic Books Questions on Jurisprudence Chapter Four: ‘Mut'a’, Temporary Marriage The Essence of this Marriage The essence of this type of marriage is that a woman who is completely free, a Muslim, or, from the people of the book [Bible, Torah, (New and Old Testaments respectively), and the Book of Prophet Daw’ud (David)????

I don’t know if its only Bible???], marries you, provided there is no impediment of her marriage [to you] according to the religion of Islam, whether [this impediment be] due to kinship (prohibited to marry brother with sister), relationship (marry a mother or father), through foster relationship (half-sister or half-brother is prohibited), or, marriage.

She should not be in her waiting period ('idda) [two menstrual periods until a woman marries another man], nor, have other religious obstacles like her being married to one of your fathers even if he has divorced her, or, he died before the consummation of marriage, or, her being your sister in law for example, etc.

This woman marries you with an agreed dowry for an agreed fixed time by performing an ‘aqd’ (intentional consent) encompassing the conditions which make it proper according to the shari`a, [thus] it has no shar`i impediments as you have read.

So, she says to you after the mutual permission, and agreement between the two of you: "I marry you, or, perform ‘mut'a’ with you for a dowry whose amount shall be so much for one, or, two days, or, a month, or, two months, or, a year, or, two years"; for example, or, she mentions another precisely defined period, and you say to her immediately: "I accept." Like other contracts, deputyship is also allowed in this type of marriage from both parties.

When completed, she becomes your wife and you become her husband until the time period in the agreement expires. By its expiration, she is separated [from you] without a divorce. The husband has the right to separate from her before the expiration time by acquitting her [remaining part] of the specified period, not by a divorce according to the special texts governing over it. If the marriage is consummated (copulation), it is obligatory for her to observe the ‘idda’.

She observes the ‘idda’ of two months if she menstruates after being granted the period, or, after its expiration. If she does not observe ‘idda’, [the idda] of 45 days like a slave girl, according to the special proofs governing the case.