Of the basics andfoundations onwhich Islam was built was the gradual implementation of injunctions so that people can be prepared to apply these without shock or surprise. In this manner, the impact of the injunctions is less strenuous. This gradualism requires the permissibility of some actions as a temporary measure to deal with situations and circumstances. Then these permissions end as the purpose which they aim to serve is no longer a necessity. Then when the law of Allah was fully revealed, this law remained applicable until the Day of Judgement.Our divine law was completed with the words of the Most High: Today I have perfected for you your religion, and completed upon you my favour, and accepted for you Islam as a way of life. (Q5:4). After this noble verse, there was no longer any revelation from Allah. This gradualism in implementation has included many religious laws such as the law relating to alcohol, and the law relating to inheritance and others.In this piece, the focus is on temporary marriage and what is linked to it of practical wisdoms which have been missed on many amongst the common people, to an extent that it facilitated the spread of many false claims about the law of Allah Most High, lying about His Messenger (SAW) and hatred to his righteous companions (RAA).What is temporary marriageIt is a temporary marriage upon agreement of the two parties. This temporary marriage was a custom amongst Eastern countries, as it was also practised by some men at the dawn of Islam on their missions / trips.Abdullah Ibn Abbas (RA) said: Temporary marriage was at the beginning of Islam. A man comes by a town where he has no acquaintances, so he marries for a fixed time depending on his stay in the town, the woman looks after his provisions and prepares his food, until the verse was revealed: Except to your wives or what your right hands possess. Ibn Abbas explained that any relationship beyond this is forbidden. (narrated by Tirmizy)As temporary marriage was a custom amongst Arabs in the days of ignorance, it would not have been wise to forbid it except gradually, as is the manner of Islam in removing pre-Islamic customs which were contrary to the interests of people.It is well established that temporary marriage does not agree with the interests of people because it causes loss to the offspring, uses women for fulfilment of the lusts of men, and belittles the value of a woman whom Allah has honoured. So temporary marriage was forbidden.The evidence of its illegalityWe will show - God willing - some of the countless evidences in order to wipe out some of the maligning accusations which the misguided repeat against Umar Ibnul Khattab (RA). These people falsely claim that he was the person who forbade it when he was Caliph. Their motive for this false claim was but their blind spite for the companions of the Messenger (SAW) who had succoured him, supported him, and assisted him.Allah Most High says: So whatever you enjoy from them, give them their recompense, this is an obligation. (Q4:24). This is the verse relied on by those who support temporary marriage. They rely on it either in ignorance or in order to fool others, giving a superficial meaning to the verse without referring to the interpretation of it, and without availing the correct interpretation to the general public. The following is its interpretation:Imam Qurtuby says in his commentary on this verse, the payment in the context is the dowry, it has been called recompense because it is a fee for the enjoyment. This is a support for dowry being a recompense. Alhasan, Mujahid, and others said: The meaning relates to what you have enjoyed through your union with women in proper marriage, so give them their recompense that is, their dowries. Ibn Khuwayz Mindad said: There is no support and it is not permissible to use the verse as a permission for temporary marriage as the Messenger of Allah (SAW) has warned against and has forbidden temporary marriage as Allah Most High said: So marry them with the permission of their families. It is natural for marriage to take place with the permission of the parents, this is a proper marriage which has a trustee and two witnesses, temporary marriage is not like that. A`isha said: It has been forbidden in the Quran in the words of the Most High: And those who preserve their private parts except with their spouses or what their right hands posses, then they would have no blame. (Q23:5). Temporary marriage is not regarded as a proper marriage, and the spouse does not fall into the category of what the right hand possesses.Ibn Katheer says in his commentary on this verse: as you enjoy them, give them their dowries as the Most High said: give women their money as a gift (Q4:4). He has interpreted the generality of this verse to include temporary marriage saying: There is no doubt that it was permitted at the dawn of Islam, and became forbidden afterwards.Ibn Jawzy says in regards to this verse: some commentators have said: what is meant by this verse is the temporary marriage, and then it was superseded with what has been reported from the Prophet (SAW) when he forbade temporary marriage. This interpretation has no basis. The Prophet (SAW) permitted it, then forbade it with his own words, so his later prohibition supersedes the permissibility. As for the verse, it does not touch on temporary marriage. It only relates to enjoyment through proper marriage.There is a plethora of statements of the Messenger (SAW) which forbid temporary marriage, some of the Hadith include:According to Sabra Bin Mahad AlJuhany who said: I was with my cousin when we passed by a woman who liked my youth and a robe which my companion had. So she offered temporary marriage with the robe as the dowry. I married her and spent the night with her. In the next morning, I went to the mosque and heard the Messenger of Allah (SAW) saying: O people, I had permitted you temporary marriage before, whoever of you has any part in it currently must part with her, and do not take back anything which you may have given them, as Allah Exalted and Majestic has forbidden it until the day of resurrection.(narrated by Muslim, Abu Dawood, Ibn Majah, Nasa`i, and Darimi)Ali Bin Abi Talib (RA) said that the Messenger of Allah (SAW) had forbidden temporary marriage on the day of Khaybar and had forbidden the eating of the meat of domestic camels. (narrated by Bukhari, Muslim, Tirmizi, Ibn Majah, Nasai, Tahawio, Shafii, Bayhaqi, and Hazimi)According to Sufyan Althawri, according to Ismail Bin Umayya, according to Alzahri, according to Alhassan Bin Mohammad according to Ali (RA) who said to a man: You are a straying person, the Messenger of Allah (SAW) has forbidden temporary marriage and the meat of domestic camels on the day of Khaybar. (Narrated by Muslim and Bayhaqi)According to Misdad Bin Masarhad according to AbdulWareth according to Ismail Bin Ummaya according to Alzahri who said: We were with Umar Bin AbdulAziz and we recalled temporary marriage, a man called Rabee Bin Sabra said to him: I testify that according to my father that it happened that the Messenger of Allah (SAW) had forbidden it on the farewell pilgrimage.(narrated by Abu Dawood and Imam Ahmad)According to Abu Hurayra (RA), the Messenger of Allah (SAW) had forbidden or abolished temporary marriage, its marriage and its divorce, its waiting period, and its inheritance. (narrated by DarQutny, Ishaq Bin Rahwiya, and Ibn Habban)Abu Bakr Bin Hafs reported according to Ibn Umar who said: When Ali was made the Caliphate, he thanked Allah Most High and praised Him and said: O people, the Messenger of Allah (SAW) had permitted temporary marriage three times then forbade it. I swear by Allah, ready to fulfil my oath, that if I find any person who engages in temporary marriage without having ratified this with a proper marriage, I will have him lashed 100 stripes unless he can bring two witnesses to prove that the Messenger (SAW) had permitted it after forbidding it.(Ibn Majah).Imam Muslim has narrated that according to Mohammad Bin Abdullah Bin Numayr who said: My father had narrated to us according to Ubaidullah according to Ibn shahab according to Alhassan and Abdullah the sons of Mohammad Bin Ali according to their father according to Ali (RA) that he heard Ibn Abbas (RA) being lenient towards temporary marriage, so he said, wait Ibn Abbas, the Messenger of Allah (SAW) had forbidden it on the day of Khaybar when he also prohibited the meat of domestic camels.
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