2430. Contracting a temporary
marriage with a woman is in order, even if it may not be
for the sake of any sexual pleasure.
2431. The obligatory
precaution is that a husband should not avoid having
sexual intercourse for more than four months with a wife
of temporary marriage.
2432. If a woman with whom
temporary marriage is contracted, makes a condition that
her husband will not have sexual intercourse with her,
the marriage as well as the condition imposed by her
will be valid, and the husband can then derive only
other pleasures from her. However, if she agrees to
sexual intercourse later, her husband can have sexual
intercourse with her, and this rule applies to permanent
marriage as well.
2433. A woman with whom
temporary marriage is contracted, is not entitled to
subsistence even if she becomes pregnant.
2434. A woman with whom
temporary marriage is contracted, is not entitled to
share the conjugal bed of her husband, and does not
inherit from him, and the husband, too, does not inherit
from her.
However, if one or both lay down a condition regarding
inheriting each other, such a stipulation is a matter of
Ishkal as far as its validity is concerned, but even
then, precaution should be exercised by putting it into
effect.
2435. If a woman with whom
temporary marriage is contracted, did not know that she
was not entitled to any subsistence and sharing her
husband's conjugal bed, still her marriage will be
valid, and inspite of this lack of knowledge, she has no
right to claim anything from her husband.
2436. If a wife of
temporary marriage goes out of the house without the
permission of her husband, and the right of the husband
is in anyway violated, it is haraam for her to leave.
And if the right of her husband remains protected, it is
a recommended precaution that she should not leave the
house without his permission.
2437. If a woman empowers a
man that he may contract a temporary marriage with her
for a fixed period, and against a specified amount of
Mahr, and instead, that man contracts a permanent
marriage with her, or contracts a temporary marriage
with her without specifying the time or amount of Mahr,
the marriage will be void. But if the woman consents to
it on understanding the position, then the marriage will
be valid.
2438. In order to become
Mahram (with whom marriage contract becomes haraam and
is treated to be one of the close relatives), a father
or a paternal grandfather can contract the marriage of
his na-baligh son or daughter with another person for a
short period, provided that it does not involve any
scandal or moral lapse.
However, if they marry a minor boy or a girl who is not
in anyway able to derive any sexual pleasure during the
period from the spouse, then the validity of such a
marriage is a matter of Ishkal.
2439. If the father or the
paternal grandfather of an absent child, marry it to
someone for the sake of becoming Mahram, not knowing
whether the child is alive or dead, the purpose will be
achieved only if during the period fixed for marriage,
the child can become capable of consummating marriage.
If it later transpires that it was not alive at the time
the marriage was contracted, it will be considered void,
and the people who had apparently become Mahram will all
become Na-Mahram.
2440. If a husband gifts
the wife of Muta'h with the period of her temporary
marriage, thus releasing her, and if he has had sexual
intercourse with her, he should give her all the things
he agreed to give her. And if he has not had sexual
intercourse with her, it is obligatory on him to give
her half the amount of Mahr, though the recommended
precaution is that he should give her full amount of
Mahr.
2441. If a man contracted a
temporary marriage with a woman, and the period of her
Iddah has not ended yet, he is allowed to contract a
permanent marriage with her or renew a contract for
temporary marriage with her.
Temporary
Marriage and Registered Sexual Activity
by
Ayatullah al-Sayyid Muhammad Husayn Fadlullah.
From the Imamiya point of view, there
is another solution, and that is "temporary marriage", or
the "breakable contract", which may have Shariah or
non-Shariah limits on it, specifically in relation to
virgins. With respect to widows and divorcees, however, there is no
difficulty.
Islam does not regard the issue of sexual
relations between the two genders for the purpose of satisfying the
sexual appetite as a reprehensible contract, or that it assails the
honour of a woman, for Islam regards sex as a natural need, in
exactly the same way it does food and drink. When the human being
wants to sate this carnal hunger by going to another human being it
does not impugn the honor of that person. But, when we see sex only
in light of the pitfalls which an air of excessive restriction
create, then we go very far from the naturalness of sex.
Sex is a natural condition, indeed, and it is
possible for a woman to seek the satisfaction of her impulses, in a
natural manner, with a man with whom she reaches an agreement in all
candor. So, too, it is possible for a man to do this with candor,
without any party hurting the other, since it is a practice allowed
by God. If they cannot enter into permanent marriage, they will
instead enter a temporary one according to Shariah guidelines,
under certain social control and when society reaches a level where
it is convinced of the validity of this marriage.
We may face the issue of the children born
unexpectedly, in view of the fact that they are legitimate children.
The problem stems from the fact that society may bar its youths
every opportunity by which they can sate their hunger, which comes
to light at this time and which drives them to masturbation, whether
the society realizes it or not.