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Temporary Marriage (27):
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Q11:
Is explaining mutah to a female that I intend to do mutah with ,ok briefly or does have to include an indepth explanation? |
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A: Both parties must understand the relation as a religiously recognized
marital relation for a certain time in an exchange to a dowry. |
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Q12:
What is the position on
a person who is on the process of contracting temporary
marriage forgets to mention the period of the time,
does the marriage became permanent contract? how would they separate, by divorce and if by
divorce, would they invite two just people to witness? Would observing period
i.e. (Idda) be necessary after the divorce? |
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A: Yes, the marriage becomes permanent. The separation would be by
divorce which requires two just men to witness it. The waiting period of iddat must be observed if there were sexual intercourse but if it did not occur then there
would be no need to observe iddat. |
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Q13:
In the matter of Mutah if I were to contract the marriage without specifying the time initially but doing it afterwards because we weren't
sure of the duration at first? Will the contract be still legal? |
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A: If the contract was done without specifying the time then it become
permanent marriage contract and the woman can not be separated from her
husband but by divorce and she must obey the obligations of divorce like
Iddat and others. |
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Q14:
If a man
contracts temporary marriage with a woman, who lost her
virginity through unlawful means, without the permission of her
father or grandfather, and consummates the marriage, will he have
committed a sin (haram act) that is punishable on the Day of
Judgment? |
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A: Yes,
He committed a sin when he consummated the
marriage and the marriage is void. |
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Q15:
I wish to marry a non virgin girl who is divorced. She recently moved in with
her parents, is it permissible to contract temporary marriage WITHOUT the permission of her
father? |
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A: You can marry her temporarily if she was not virgin without the need to seek her
father’s permission. |
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Q16:
Is it eligible to do
temporary marriage with a Muslim girl
who is responsible for her self but she lives with her parents. She is 20 years old but she is still virgin? |
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A: It is unlawful to get temporarily married and have intercourse with a
virgin except with the permission of her father or parantal grandfather. If both of
them are dead or can not be reached to seek
their permission then she is in charge of herself. |
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Q17: Is Seegah (formula) necessary condition for the validity of Mut'ah marraige contract? |
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A: Yes, whether it is temporary or permanent marriage, it is necessary to
recite the marriage formula between the two parties in order for the marriage contract to be valid. |
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Q18: Is it valid to say Seegah (formula) of Mut'ah/ permanent marriage in any language other than Arabic? |
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A: Yes, it can be recited in any language. |
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Q19: If one contract temporary marriage (mut'a) without choosing mahar (dowry)
does it become void (batil)? |
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A: If the contract was based on not considering the dowry then it is void. If
not mentioning the dowry was due to oblivion, shyness or any similar reason
then the marriage contract is correct and the husband must pay his wife a dowry that is equal to a dowry paid for a woman with similar characters and circumstances. |
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Q20: I want to recite Seegha for muta (temporary marriage) on telephone in Order to do muta (temporary marriage). Is it required to give the decided Mahr (gift) to women as part of the contract on the same time or it can be given later? |
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A: The wife deserve the dowry as agreed. If the agreement was that it is to
be paid at the time of the contract, then it must be given then and when the
wife asks for it. If they agree on delaying the payment, then it is
permissible to delay it. |
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