They say that this is legalized prostitution.
They say that this is legalized prostitution. Please clear this matter for me. How can we answer these allegations? A: Is not the "marriage" (in all its forms) just a legalized fornication? Don't they understand that all conditions which are necessary for a Permanent Marriage are necessary in Mut'ah (Temporary) Marriage too. Even the term, Permanent Marriage is misleading, because in Islam no marriage is "permanent". The husband can terminate the marriage by the simple device of Talaq.
So where is the "permanency"? A Sheri'ah which recognizes Talaq, cannot ridicule Mut'ah, because "Marriage +Divorce = Mut'ah." In fact, some times mut'ah is more merciful to the woman concerned than the so-called "permanent marriage". Suppose a man is on a journey and needs a wife. If he is a Sunni he will perform "permanent marriage"; and the wife will be under the impression that she has married for lifetime. But the husband knows it is only a temporary arrangement.
So when time comes for him to return to his place, he divorces her and leaves her in the lurch. There is another question worthy of attention: If the husband had the intention from the beginning to give her divorce, was the permanent nikah valid? But if he is a Shi'a, he will tell her from the beginning that he wants to marry her only for a limited period - let us say 6 months.
Thus if the woman's status and conditions agree with the proposal, she will accept it; otherwise she is at liberty to reject the proposal. Everyone will agree that the second alternative is more honest, more straight-forward and more in keeping with the woman's dignity. Q. 93: GHUSL JANABAT AND CONDOM: If a man uses a condom during sexual intercourse with his wife, is she obligated to take Ghusal Janabat? A: Yes, undoubtedly. Q.
94: IS IT TRUE THAT A CERTAIN SUNNI SCHOOL OF JURISPRUDENCE PERMITS HOMOSEXUAL ACT WITH YOUNG MEN/BOYS? A: Imam Abu Hanifah has said: whoever commits sodomy with his slave man or his employee and penetrates, there is no had (punishment) for him. (See Hashiyah of Sharh al-Wiqayah by Allamah Chalapi, kitabul Hudud,, p. 212; also see Imam al-Ghizali's al- Mankhul, Damascus, p. 502) The same is the fatwa of Imam Malik.
And Imam Shafi'i has said that there is no clear order in the Qur'an about it, but according to Qiyas (analogy) it is halal (lawful). Q. 95: POLYGAMY AND POLYANDRY: If a women cannot satisfy the desires of a man he can marry once again or enter a contract of Mut 'ah.