5-7-2007
A.D, 20 Jamadi'II 1428 H
Fadlullah calls for Registering the Muta'a marriage
in the legal courts
There is a consensus among Muslims on the legality
of the Muta'a marriage, which was applied at the time of Muhammad, Abu
Bakr and part of the caliphate of Omar.
Then the non-Shiite sects illegalized it, while the
Shiites continued to say that it is legal. The Muta'a marriage is
called also temporary or timed marriage. It is not concluded in public
but remains a secret between the husband and wife. There are some
scholars who call for registering it in the authorized courts and
governmental departments including the former Iranian President,
Hashimi Rafsangani, who holds an important position in the Muslim
regime of Iran. The Religious Authority, Sayyed Muhammad Hussein
Fadlullah also calls for registering the Marriage, to avoid any
foreseeable problems between the couples in the future. Some religious
scholars say that there are some courts in Bahrain that register this
marriage.
Nahar Ash-Shabab asked the Sayyed about this
Marriage, noting that some accuse the Shiites of being "practical"
towards the sexual issue, in comparison with the other Islamic sects
and other religions.
What in your view is the reason of this?
The Sayyed answered:" The Shiites insist on
regulating this issue to avoid any negative aspects. We have suggested
that the religious courts should register this marriage, because
certain practices have produced negative results owing to the absence
of any regulation.
That is why we call for registering these
Marriages".
His Eminence added:
"The permanent marriage was not able to solve the
problem of sex.
That is why we see that all nations have
illegitimate relations, along with the legitimate ones. This is why we
notice in the West in particular, that they do not accept polygamy but
they accept the multiplicity of mistresses.
"The unavailability of permanent marriage for those
who can not afford it owing to the financial difficulties is
increasing the number of spinsters in our societies.”
The Sayyed stresses the fact that the Mutaa
marriage includes a contract and a fixed time period that both parties
agree on. When the period terminates, the contract too ends. If the
woman gets pregnant the child is 100% legitimate and the parents
should bare their responsibilities towards him.
The Sayyed does not accept the abortion of the
Muta'a child under any consideration except, as in the permanent
marriage, when the mother's life is threatened. Whoever does that
would be committing a crime even if the pregnancy is still in the very
early stages. If they resort to abortion they would be committing the
crime of murder.
The Sayyed does not agree with those who say that
the Muta'a marriage is similar to other illegitimate sexual
relationships, since legitimacy lies in the legal form that controls
this relationship.
On the other hand, the Sayyed rejects any chaos in
marriage whether permanent or Muta'a, since there are certain
marriages that are not registered while others take advantage of the
women's needs, knowing some marry women to trade with their bodies.
Any marriage based on exploitation, that is using the woman as a
means, is invalid.
Similar forms of Marriage
The Sunni sect has a similar kind of marriage that
serves the same gaol, the legal fulfilment of sexual desires. The only
differences lie in the details.
In the Gulf and especially Saudi Arabia there is
the "Missiar" marriage which is signed by two witnesses but it remains
secret in view of the social and familial circumstances of the couple.
In Egypt it is called the "Urfi" marriage, and the
wife should be either divorced or a widow, although virgin girls are
also holding such marriages that enjoy sometimes the approval of the
parents. The children born of such marriage are legitimate.
In the end, the Muta'a marriage remains an option
in a world full of increasing temptation.