[^17] But the majority of the 'ulama' hold that it is...

[^17] But the majority of the 'ulama' hold that it is permissible for it to be recited in the imperfect tense, as long as there is the intention of contracting the marriage. [^18] Many hadith have been related showing that the imperfect tense is acceptable. For example, the Imam Ja'far al-Sadiq was once asked what formula should be recited when a mut'a is contracted.

He replied: 'I marry thee in mut'a according to the Book of God and His prophet's sunna without inheritance from me to thee or vice versa, for so many days, for so many dirhams. .....' [^19] The legal discussions of contracts assert that the persons who make the declaration and acceptance must be 'worthy of the contract' (ahl al 'aqd). In the question of mut'a this means that those who conclude the contract must be the man and woman themselves, or their representatives (wakil), or their fathers.

Hence, for example, it is permissible for the father to say: 'I give my daughter in mut'a with her agreement.' If anyone other than the above persons should conclude the contract, it is 'uncommissioned' (fuduli) and therefore invalid. II. The Persons A man can conclude a contract of mut'a only with a Muslim or one of the 'People of the Book'. It is not permissible to engage in temporary marriage with an unbeliever or an enemy of the Household of the Prophet (ah!

a!-hayt, i.e., the Imams), such as a follower of the Khawarij. A Muslim woman cannot marry a non-Muslim. If the man has a free, permanent wife, he cannot contract a mut'a with a slave without his wife's permission. Should he do so, the contract is invalid or in abeyance pending her permission. If the slave should belong to someone else, a mut'a cannot be contracted without her master's permission.

Several hadith have been recorded on this point, For example, the Imam Ja'far says: 'There is nothing wrong with marrying a slave [temporarily] with the permission of her master.' [^20] A man is not permitted to marry the daughter of his sister-in-Iaw or brother-in-law without his wife's permission. Should a contract be concluded without her permission it is invalid or in abeyance until she gives her permission.

[^21] With these two exceptions, the relatives to whom marriage is not permitted are the same as in permanent marriage. It is recommended that a Muslim man conclude a temporary marriage only with a chaste Muslim woman.