As salam alekum, Can I perform mutah with a self-dependent girl who takes her own decision? Does permission from her parents required? What if the permission from her parents is denied and still we perform mutah, in that case, our mutah is valid or not? We will fall into greater sin if we don’t perform mutah as soon as possible. Kindly answer.
أعوذ بالله من الشيطان الرجيم
بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ
As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,
Based on your specific question and information provided.
We are not aware of your situation as to why Only a Temporary/ Fixed marriage is a necessity, to avoid sin. Normally, people engage in permanent marriage. Have you or your family considered Permanent Marriage or discussed with the girls Family? Normally families don’t look for temporary marriage for their daughters. (Unless there is a special and extreme situation, or if they have agreed to permanent Marriage and using, temporary or fixed term marriage as a substitute for engagement with the strict contractual condition of no physical contact). Absent these answers. We can’t properly guide you in your situation except to provide you with some general guidance on the legal “Marriage Contract” and the “Institution of Marriage”.
From the Jurisprudence Perspective: (“Marriage Contract”).
If a girl wishes to get married and she has reached the age of legal responsibility (bulūgh) and is mature (rashīdah) – meaning that she is able to determine what is in her interest – and she is a virgin, and she is not in charge of her life’s affairs (*), such a girl must obtain (Obligatory (wajib)) the consent of her father or grandfather.
In fact, based on obligatory precaution (ihtiyat wajib), even if she is in charge of her life’s affairs (*), she must still obtain their consent.
(*) Independent / self-sufficient / in charge of her life affairs or any other English terminology commonly used. The essence of it would be, that the Virgin girl has been given complete authority over all her affairs in life (meaning here is not only restricted to independence or self-sufficiency in financial affairs), by her father (Wali / guardian), and the father has completely withdrawn his guardianship from her by the virtue of his free will (without any outside interference or pressure) based on his prudent assessment of her demonstrated abilities for all life decisions. Meaning, that the father has allowed her to marry, whomsoever she wants or that he has completely withdrawn from interfering in the matter of her marriage. The permission is for permanent Marriage, you need to be certain, if the father has also given permission or withdrawn from decision for temporary marriage. According to the above ruling, based on obligatory precaution (ihtiyat wajib), even if she is in charge of her life’s affairs (*), she (Virgin) must still obtain their consent for Temporary Marriage.
Even if the Virgin girl has all the ” Legal ” prerequisites to engage in Marriage, you as a believer who follows the Ahlul Bayht(as) and their lifestyle, should consider ethical and moral aspects of temporary marriage with a Virgin girl, and its consequences for her future and lifestyle.
We have provided you with general guidance from Jurisprudence aspect, regarding the Legal “Marriage Contract”. The Islamic Scholars have divided the Islamic teachings in three parts. Fundamental of Faith (Belief / Aqidah), Islamic Ethics / Morals, and Islamic Law/ Fiqh / Jurisprudence. The “Institution of Marriage” is covered by all three. The “Marriage Contract” is cover by Islamic Jurisprudence.
The purpose of life and the “Institution of Marriage” based on Quranic guidance and Ahlul Bayth (as), (Aqidah / Belief), Islamic Moral / Ethics, or which type of Marriage is suitable / preferred for a virgin girl and all consequences resulting from making a decision in type of marriage, spousal choice or social implications other issues pertaining to the Institution of Marriage are discussed within the family. The Islamic Law is for all times and all conditions/ situations so there is Permanent or Temporary Marriage, having the availability or permissibility (Mubah (optional / at your discretion) ) does not mean that it is suitable for all or in all situations. The Family decides after careful consideration what is in the best interest of the person involved. Normal or preferred option is permanent marriage unless there are special and exceptional considerations due to various factors, which is only known to the Wali / Guardian. Or the Mukallaf (is someone who is legally obliged to fulfil religious duties).
Regarding the Emphasis on obedience to the parents.
The emotional bond between the parents and the children is one of the greatest relationships that sustains humanity. If they are not respected, honored and shown kindness. If this primary and natural bond is not honored in words and in action. The children’s emotional ties and connection can cease and as a result all secondary social bonds may become trivial and may unravel.
Disrespect can originate from disobedience. One of the Greater Sin is ‘Aqq Al-Walidayn (Disobedience to Parents), you can read the Holy Qur’an, the Exegesis / Tafsir and the books written by Islamic Scholars on Islamic Ethics.
(and Allah(awj) Knows best)
If you have further questions kindly contact us at (718) 297-6520 Ext 113 Monday to Saturday between 11:AM – 3:00 PM.
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