Those who choose the second option will end up in corruption and distress...
Those who choose the second option will end up in corruption and distress; moreover, Islam considers such a procedure unlawful. Only an ill mind and perverted thought may recommend it under the pretext of the necessity. The third solution, suggested by Islam and frequently practiced during the lifetime of the Prophet (a.s), will be the only way to follow. This kind of marriage was later on questioned.
Those who fear the mut`ah marriage and consider it illegitimate should remember that the Islamic jurisprudents have all allowed for a similar thing to happen in a permanent marriage: the couple may conclude a permanent marriage contract but actually have the intention of separating after a year or so. This kind of marriage, permanent in appearance, is temporary in actuality.
It differs from mut`ah in that mut`ah marriage is temporary and limited both outwardly and inwardly, whereas this particular kind of marriage is apparently permanent but limited in nature. Now, why should those who support this kind of permanent marriage, sanctioned by all Islamic jurists, be afraid of temporary marriage? Now that we have been acquainted with temporary marriage, it is time to become more familiar with the reasons for its sanctioning.
Two points are worth mentioning: Mut`ah was lawful in the earliest period of Islam. It was not abrogated so long as the Prophet was alive. As for the legitimacy of mut`ah, the holy Quran states, Give them (the women) their marriage portion for the enjoyment you have had of them as a duty. 4:24.
The words in the verse are clear proof that this verse has been revealed in regard to temporary marriage for the following reasons: a) The word istimta` (enjoyment) literally refers to temporary marriage; were it not so, there would be other contextual clues in the verse. b) The word ujurahunna (their marriage dowry) is another lucid proof referring to mut`ah since other expressions as sadaq and mahr (dowry) are used for permanent marriage.
c) Shiite and Sunni commentators of the Quran both hold that the above verse has been revealed in regard to mut`ah marriage.
For example, in his al-Durr al-Manthur, Jalal al-Din Suyuti quotes Ibn Jarir and Saddi to have said that the above verse concerns mut`ah marriage.[1] Abu-Ja`far Muhammad ibn Jarir Tabari on the authority of Saddi, Mujahid, and Ibn `Abbas also says that this verse is related to temporary marriage.[2] d) The authors of Sihah and Masanid as well as hadith collections are of the same opinion.