The Book of Marriage - Sahih Muslim 1405 b

In the name of Allah, the Most Gracious, the Most Merciful. All praise is to Allah, Lord of the worlds, and peace and blessings upon His final Messenger Muhammad.

Contextual Background

This narration pertains to the early period of Islam when temporary marriage (mut'ah) was initially permitted during journeys and military expeditions. The permissibility was specific to circumstances of necessity and hardship.

Scholarly Commentary

The classical scholars of Islam, including Imams Malik, Shafi'i, Ahmad ibn Hanbal, and Abu Hanifah, unanimously agree that temporary marriage was subsequently abrogated and made permanently forbidden until the Day of Judgment. This abrogation occurred during the Conquest of Khaybar or during the Farewell Pilgrimage, as established through authentic narrations.

Ibn 'Abbas (may Allah be pleased with him) initially held the permissibility based on earlier texts but later retracted his opinion when he learned of the final prohibition. The consensus (ijma') of the Muslim ummah stands that mut'ah marriage is invalid and prohibited.

Legal Ruling

Any marriage contracted as temporary or for a fixed duration is null and void. The Islamic marriage must be permanent, with proper mahr (dower), witnesses, and intention of establishing family life. Temporary arrangements contradict the noble objectives of marriage in Islam which include tranquility, affection, mercy, and procreation.

Conclusion

We understand from this that while temporary marriage was initially permitted under specific circumstances, the final ruling of Shari'ah is its permanent prohibition. Muslims must adhere to the final revelation and the consensus of the scholars. And Allah knows best.