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Shiavault - a Vault of Shia Islamic Books Muta', Temporary Marriage in Islamic Law The Legitimacy of Mut'a The ulama', both Sunni and Shi'i, agree that mut'a was permitted at the beginning of Islam. However, they disagree as to the reasons it was permitted.

The Shi'i View In the sura entitled 'Women', after listing those women to whom marriage is forbidden, the Qur'an 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 agreeing together, after the due apportionate. God is All-Knowing, All-Wise' (4:24).

All Shi'i ulama' and some Sunni ulama' hold that this verse-especially the words: 'Such wives as you enjoy (istamta'tum)'-refers to the permissibility of mut'a. The Shi’a present several arguments to prove this point.[^1] This verse was revealed towards the beginning of the Prophet's stay in Medina, which lasted from AH 1/CE 622 to 10/632. At that time the men of Medina used to 'seek enjoyment' from women for a limited period of time in exchange for a specified sum of money.

By its revelation this verse in effect confirmed an existing situation; and it emphasized that men must fulfill their promises concerning the agreed upon sum. In Medina this custom was looked upon as one kind of temporary marriage and was referred to by the term istimta', the same word employed in the Qur'anic verse-even though the literal meaning of the word is 'to seek benefit' or 'to take enjoyment'.

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

The context of the verse also indicates that it is referring to temporary marriage. In the preceding verses the Qur'an forbids acts of injustice toward women. 'Oh believers, it is not lawful for you to inherit from women against their will; neither debar them, that you may go off with part of what you have given them' (4:19). The most commonly accepted interpretation of this verse is that it forbids the pre-Islamic Arab custom of inheriting stepmothers.