Thursday, March 26, 2015

Is Temporary Marriage the Halal Alternate to Dating?

Someone sent the following link requesting my comment 

My Comments: 
According to verse 24:3 ‘The adulterer shall not marry save an adulteress or an idolatress, and the adulteress none shall marry save an adulterer or an idolater. All that is forbidden unto believers.’ How can a believer marry a call girl, even temporarily, when he knows that she does this as a profession, and therefore is probably an adulteress? 
Quran 4:35 and Quran 65:1-12 list the legal requirements for divorce. Two arbiters, one from each spouse’s family must represent them, a fixed period (number of months) is mandatory before the divorce takes effect, and the wife stays in the husband’s home during that fixed period. How are the legal conditions for divorce satisfied in the case of ‘temporary marriage’ when the prescribed wait period for women before remarriage cannot be observed as the business needs dictate that temporary marriages are contracted frequently? 

Quran is the primary text of Islam. Muslims are duty-bound to take guidance directly from the Quran, and to refer to other secondary sources, such as prior scriptures, hadith books, historical precedents or ijtihad only when the Quran does not contain guidance on a particular matter. Quran 4:21 describes nikah as a strong pledge between the spouses. Temporary Marriage (Nikah Mutah) seems contrary to the letter and spirit of a number of Quranic verses dealing with Marriage, Divorce, Adultery, Morality, Decency & Social Conduct. Quran 4:24 states that union should be sought desiring chastity, not unlawful sexual intercourse. Quran 7:27 tells us that Satan’s objective was to strip Adam & Eve of their clothing which led to their expulsion from the garden. Quran 7:28 states that people try to justify their immorality by saying that God ordered it, and clearly clarifies that God does not order   ‘fahishatan’ (immorality / indecency / lewdness). Quran 19:30-32 orders the guarding of gaze to both men and women, and prohibits women from displaying their beauty. Special mention is made of AAawrati alnnisa-i (women’s private aspects / nakedness). Those men who use dating services, how do they guard their gaze from women’s nakedness when they are looking at published photos to choose from? Those women who advertise their services, including photographs of the body, how do they comply with the injunction to hide their nakedness from potential clients who are obviously not yet their mahram? 

Quranic verses dealing with Marriage, Divorce, Adultery, Morality, etc. are quoted below. Multiple translations of each verse can be looked up at http://www.islamawakened.com/index.php/qur-an  
    

Morality 
Nakedness is an object of Satan’s seduction of humans. According to the literal interpretation of the Quranic verse 7:27, Satan’s purpose to seduce Adam and Eve into eating the forbidden fruit was to get them naked and make their shame manifest to them. It is important to note here that Adam and Eve were each other’s spouse. Futhermore, using God / Scripture as an excuse to do immoral acts is nothing new. 

[Quran 7:27, Translation: Literal (Word by Word)] O Children (of) Adam! (Let) not tempt you [the] Shaitaan as he drove out your parents from Paradise, stripping from both of them their clothing to show both of them their shame. Indeed, he sees you - he and his tribe from where not you see them. Indeed, We have made the devils friends of those who (do) not believe. 
And the following verse links it to ‘fahishatan’ (immorality / indecency / lewdness): 
[Quran 7:28, Translation: Literal (Word by Word)] And when they do immorality they say, "We found on it our forefathers and Allah (has) ordered us of it." Say, "Indeed, Allah (does) not order immorality. Do you say about Allah what you (do) not know?” 
After refuting their assertion, the next verse goes on to not only state that God orders justice, but  I think it also links it back to 7:27 by linking origin (bani Adam) to return (resurrection): 
[Quran 7:29, Translation: Literal (Word by Word)] Say, "My Lord has ordered justice and set your faces at every masjid and invoke Him (being) sincere to Him (in) the religion. As He originated you (so) will you return.” 

The injunction for justice is also present in the conditional permission for polygamy given to marry orphan’s women (widowed mothers) in 4:3 and 4:127 in case the men are unable to take care of orphans otherwise. (Polygamy: http://islam-qna.blogspot.com/2010/09/polygamy.html)


Decency & Social Conduct between Men & Women 
Since both men and women are enjoined to guard their gaze, how can the men who use dating services guard their gaze from women’s nakedness when they are looking at published photos to choose from? Those women who advertise their services, including photographs of the body, how do they comply with the injunction to hide their nakedness from potential clients who are obviously not yet their mahram?
[Quran 19:30-32, Translator:Pickthall] Tell the believing men to lower their gaze and be modest. That is purer for them. Lo! Allah is aware of what they do. And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and to draw their veils over their bosoms, and not to reveal their adornment save to their own husbands or fathers or husbands' fathers, or their sons or their husbands' sons, or their brothers or their brothers' sons or sisters' sons, or their women, or their slaves, or male attendants who lack vigour, or children who know naught of women's nakedness. And let them not stamp their feet so as to reveal what they hide of their adornment. And turn unto Allah together, O believers, in order that ye may succeed. And marry such of you as are solitary and the pious of your slaves and maid-servants. If they be poor, Allah will enrich them of His bounty. Allah is of ample means, Aware.


Desires & Lusts 
[Quran 19:58-60, Translator:Pickthall] These are they unto whom Allah showed favour from among the prophets, of the seed of Adam and of those whom We carried (in the ship) with Noah, and of the seed of Abraham and Israel, and from among those whom We guided and chose. When the revelations of the Beneficent were recited unto them, they fell down, adoring and weeping. Now there hath succeeded them a later generation whom have ruined worship and have followed lusts. But they will meet deception. Except those who repent, believe and do righteousness; for those will enter Paradise and will not be wronged at all. 

The word used in 19:59:11 is ‘ghayyan’ variously translated as evil / deception / disillusionment as the result of following 19:59:8 ‘alshshahawati’ translated as lusts / passions / sensual desires…  


Marriage 
Consider the following verses regarding marriage, who can Muslims marry, solemn pledge between the spouses, conditional polygamy, etc: 

[Quran 24:3, Translator:Pickthall] 
3 The adulterer shall not marry save an adulteress or an idolatress, and the adulteress none shall marry save an adulterer or an idolater. All that is forbidden unto believers. 

[Quran 4:2-6, Translator:Pickthall] 
2 Give unto orphans their wealth. Exchange not the good for the bad (in your management thereof) nor absorb their wealth into your own wealth. Lo! that would be a great sin.
3 And if ye fear that ye will not deal fairly by the orphans, marry of the women, who seem good to you, two or three or four; and if ye fear that ye cannot do justice (to so many) then one (only) or (the captives) that your right hands possess. Thus it is more likely that ye will not do injustice.  
4 And give unto the women (whom ye marry) free gift of their marriage portions; but if they of their own accord remit unto you a part thereof, then ye are welcome to absorb it (in your wealth).  
5 Give not unto the foolish (what is in) your (keeping of their) wealth, which Allah hath given you to maintain; but feed and clothe them from it, and speak kindly unto them.  
6 Prove orphans till they reach the marriageable age; then, if ye find them of sound judgment, deliver over unto them their fortune; and devour it not by squandering and in haste lest they should grow up Whoso (of the guardians) is rich, let him abstain generously (from taking of the property of orphans); and whoso is poor let him take thereof in reason (for his guardianship). And when ye deliver up their fortune unto orphans, have (the transaction) witnessed in their presence. Allah sufficeth as a Reckoner. 


[Quran 4:19-28, Translator:Pickthall] 
19 O ye who believe! It is not lawful for you forcibly to inherit the women (of your deceased kinsmen), nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness. But consort with them in kindness, for if ye hate them it may happen that ye hate a thing wherein Allah hath placed much good.
20 And if ye wish to exchange one wife for another and ye have given unto one of them a sum of money (however great), take nothing from it. Would ye take it by the way of calumny and open wrong?
21 How can ye take it (back) after one of you hath gone in unto the other, and they have taken a strong pledge from you?
22 And marry not those women whom your fathers married, except what hath already happened (of that nature) in the past. Lo! it was ever lewdness and abomination, and an evil way. 
23 Forbidden unto you are your mothers, and your daughters, and your sisters, and your father's sisters, and your mother's sisters, and your brother's daughters and your sister's daughters, and your foster-mothers, and your foster-sisters, and your mothers-in-law, and your step-daughters who are under your protection (born) of your women unto whom ye have gone in - but if ye have not gone in unto them, then it is no sin for you (to marry their daughters) - and the wives of your sons who (spring) from your own loins. And (it is forbidden unto you) that ye should have two sisters together, except what hath already happened (of that nature) in the past. Lo! Allah is ever Forgiving, Merciful.  
24 And all married women (are forbidden unto you) save those (captives) whom your right hands possess. It is a decree of Allah for you. Lawful unto you are all beyond those mentioned, so that ye seek them with your wealth in honest wedlock, not debauchery. And those of whom ye seek content (by marrying them), give unto them their portions as a duty. And there is no sin for you in what ye do by mutual agreement after the duty (hath been done). Lo! Allah is ever Knower, Wise. 
25 And whoso is not able to afford to marry free, believing women, let them marry from the believing maids whom your right hands possess. Allah knoweth best (concerning) your faith. Ye (proceed) one from another; so wed them by permission of their folk, and give unto them their portions in kindness, they being honest, not debauched nor of loose conduct. And if when they are honourably married they commit lewdness they shall incur the half of the punishment (prescribed) for free women (in that case). This is for him among you who feareth to commit sin. But to have patience would be better for you. Allah is Forgiving, Merciful.
26 Allah would explain to you and guide you by the examples of those who were before you, and would turn to you in mercy. Allah is Knower, Wise.  
27 And Allah would turn to you in mercy; but those who follow vain desires would have you go tremendously astray.
28 Allah would make the burden light for you, for man was created weak.

[Quran 4:34, Translator:Pickthall]
34 Men are in charge of women, because Allah hath made the one of them to excel the other, and because they spend of their property (for the support of women). So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge them. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great.  


[Quran 4:127, Translator:Pickthall] 
127 They consult thee concerning women. Say: Allah giveth you decree concerning them, and the Scripture which hath been recited unto you (giveth decree), concerning female orphans and those unto whom ye give not that which is ordained for them though ye desire to marry them, and (concerning) the weak among children, and that ye should deal justly with orphans. Whatever good ye do, lo! Allah is ever Aware of it. 

[Quran 5:5, Translator:Pickthall]
5 This day are (all) good things made lawful for you. The food of those who have received the Scripture is lawful for you, and your food is lawful for them. And so are the virtuous women of the believers and the virtuous women of those who received the Scripture before you (lawful for you) when ye give them their marriage portions and live with them in honour, not in fornication, nor taking them as secret concubines. Whoso denieth the faith, his work is vain and he will be among the losers in the Hereafter. 

[Quran 30:21, Translator: Sahih International] 
And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.


Divorce 
Divorce is the legal annulment of the marriage contract between a man and a woman. It is not a happy occasion and involves feelings of resentment and anger. Without guidance, it is easy to incline to injustice on such an occasion. As such, arbitration, notice period, etc have been detailed in the Quran to be complied with by both the parties. 

[Quran 4:35, Translator:Pickthall]
35 And if ye fear a breach between them twain (the man and wife), appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment Allah will make them of one mind. Lo! Allah is ever Knower, Aware. 


[Quran 4:128-131, Translator:Pickthall]
128 If a woman feareth ill treatment from her husband, or desertion, it is no sin for them twain if they make terms of peace between themselves. Peace is better. But greed hath been made present in the minds (of men). If ye do good and keep from evil, lo! Allah is ever Informed of what ye do.
129 Ye will not be able to deal equally between (your) wives, however much ye wish (to do so). But turn not altogether away (from one), leaving her as in suspense. If ye do good and keep from evil, lo! Allah is ever Forgiving, Merciful.  
130 But if they separate, Allah will compensate each out of His abundance. Allah is ever All-Embracing, All-Knowing. 
131 Unto Allah belongeth whatsoever is in the heavens and whatsoever is in the earth. And We charged those who received the Scripture before you, and (We charge) you, that ye keep your duty toward Allah. And if ye disbelieve, lo! unto Allah belongeth whatsoever is in the heavens and whatsoever is in the earth, and Allah is ever Absolute, Owner of Praise.

[Quran 12, Translator:Pickthall]
1 O Prophet! When ye (men) put away women, put them away for their (legal) period and reckon the period, and keep your duty to Allah, your Lord. Expel them not from their houses nor let them go forth unless they commit open immorality. Such are the limits (imposed by) Allah; and whoso transgresseth Allah's limits, he verily wrongeth his soul. Thou knowest not: it may be that Allah will afterward bring some new thing to pass.  
2 Then, when they have reached their term, take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believeth in Allah and the Last Day is exhorted to act thus. And whosoever keepeth his duty to Allah, Allah will appoint a way out for him,  
3 And will provide for him from (a quarter) whence he hath no expectation. And whosoever putteth his trust in Allah, He will suffice him. Lo! Allah bringeth His command to pass. Allah hath set a measure for all things.
 4 And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not. And for those with child, their period shall be till they bring forth their burden. And whosoever keepeth his duty to Allah, He maketh his course easy for him.  
5 That is the commandment of Allah which He revealeth unto you. And whoso keepeth his duty to Allah, He will remit from him his evil deeds and magnify reward for him.
6 Lodge them where ye dwell, according to your wealth, and harass them not so as to straiten life for them. And if they are with child, then spend for them till they bring forth their burden. Then, if they give suck for you, give them their due payment and consult together in kindness; but if ye make difficulties for one another, then let some other woman give suck for him (the father of the child).
 7 Let him who hath abundance spend of his abundance, and he whose provision is measured, let him spend of that which Allah hath given him. Allah asketh naught of any soul save that which He hath given it. Allah will vouchsafe, after hardship, ease.  
8 And how many a community revolted against the ordinance of its Lord and His messengers, and We called it to a stern account and punished it with dire punishment,  
9 So that it tasted the ill-effects of its conduct, and the consequence of its conduct was loss.  
10 Allah hath prepared for them stern punishment; so keep your duty to Allah, O men of understanding! O ye who believe! Now Allah hath sent down unto you a reminder,  
11 A messenger reciting unto you the revelations of Allah made plain, that He may bring forth those who believe and do good works from darkness unto light. And whosoever believeth in Allah and doeth right, He will bring him into Gardens underneath which rivers flow, therein to abide for ever. Allah hath made good provision for him.  
12 Allah it is who hath created seven heavens, and of the earth the like thereof. The commandment cometh down among them slowly, that ye may know that Allah is Able to do all things, and that Allah surroundeth all things in knowledge.


Adultery 
Believers have been commanded to not even come near adultery:
[Quran 17:32 translator: Saheeh International] And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way. 
[Quran 17:32 translator: Pickthall] And come not near unto adultery. Lo! it is an abomination and an evil way. 


[Quran 4:15-18, Translator:Pickthall] 
15 As for those of your women who are guilty of lewdness, call to witness four of you against them. And if they testify (to the truth of the allegation) then confine them to the houses until death take them or (until) Allah appoint for them a way (through new legislation).
16 And as for the two of you who are guilty thereof, punish them both. And if they repent and improve, then let them be. Lo! Allah is ever relenting, Merciful.
17 Forgiveness is only incumbent on Allah toward those who do evil in ignorance (and) then turn quickly (in repentance) to Allah. These are they toward whom Allah relenteth. Allah is ever Knower, Wise.
18 The forgiveness is not for those who do ill-deeds until, when death attendeth upon one of them, he saith: Lo! I repent now; nor yet for those who die while they are disbelievers. For such We have prepared a painful doom. 

The following verses deal with the crime of adultery, the preconditions to prove it in court, the punishment for the crime or the false testimony, and the condemnation of such gossip and slander, particularly the character assassination of innocent persons.   
[Quran 24:1-29 translator: Pickthall]
1 (Here is) a surah which We have revealed and enjoined, and wherein We have revealed plain tokens, that haply ye may take heed.
2 The adulterer and the adulteress, scourge ye each one of them (with) a hundred stripes. And let not pity for the twain withhold you from obedience to Allah, if ye believe in Allah and the Last Day. And let a party of believers witness their punishment.
3 The adulterer shall not marry save an adulteress or an idolatress, and the adulteress none shall marry save an adulterer or an idolater. All that is forbidden unto believers.
4 And those who accuse honourable women but bring not four witnesses, scourge them (with) eighty stripes and never (afterward) accept their testimony - They indeed are evil-doers -
5 Save those who afterward repent and make amends. (For such) lo! Allah is Forgiving, Merciful.
6 As for those who accuse their wives but have no witnesses except themselves; let the testimony of one of them be four testimonies, (swearing) by Allah that he is of those who speak the truth;  
7 And yet a fifth, invoking the curse of Allah on him if he is of those who lie.  
8 And it shall avert the punishment from her if she bear witness before Allah four times that the thing he saith is indeed false,
9 And a fifth (time) that the wrath of Allah be upon her if he speaketh truth.  
10 And had it not been for the grace of Allah and His mercy unto you, and that Allah is Clement, Wise, (ye had been undone).
11 Lo! they who spread the slander are a gang among you. Deem it not a bad thing for you; nay, it is good for you. Unto every man of them (will be paid) that which he hath earned of the sin; and as for him among them who had the greater share therein, his will be an awful doom.
12 Why did not the believers, men and women, when ye heard it, think good of their own own folk, and say: It is a manifest untruth?
13 Why did they not produce four witnesses? Since they produce not witnesses, they verily are liars in the sight of Allah.  
14 Had it not been for the grace of Allah and His mercy unto you in the world and the Hereafter an awful doom had overtaken you for that whereof ye murmured.
15 When ye welcomed it with your tongues, and uttered with your mouths that whereof ye had no knowledge, ye counted it a trifle. In the sight of Allah it is very great.
16 Wherefor, when ye heard it, said ye not: It is not for us to speak of this. Glory be to Thee (O Allah)! This is awful calumny.
17 Allah admonisheth you that ye repeat not the like thereof ever, if ye are (in truth) believers.
18 And He expoundeth unto you the revelations. Allah is Knower, Wise.
19 Lo! those who love that slander should be spread concerning those who believe, theirs will be a painful punishment in the world and the Hereafter. Allah knoweth. Ye know not.
20 Had it not been for the grace of Allah and His mercy unto you, and that Allah is Clement, Merciful, (ye had been undone).
21 O ye who believe! Follow not the footsteps of the devil. Unto whomsoever followeth the footsteps of the devil, lo! he commandeth filthiness and wrong. Had it not been for the grace of Allah and His mercy unto you, not one of you would ever have grown pure. But Allah causeth whom He will to grow. And Allah is Hearer, Knower.  
22 And let not those who possess dignity and ease among you swear not to give to the near of kin and to the needy, and to fugitives for the cause of Allah. Let them forgive and show indulgence. Yearn ye not that Allah may forgive you? Allah is Forgiving, Merciful.
23 Lo! as for those who traduce virtuous, believing women (who are) careless, cursed are they in the world and the Hereafter. Theirs will be an awful doom
24 On the day when their tongues and their hands and their feet testify against them as to what they used to do,
25 On that day Allah will pay them their just due, and they will know that Allah, He is the Manifest Truth.  
26 Vile women are for vile men, and vile men for vile women. Good women are for good men, and good men for good women; such are innocent of that which people say: For them is pardon and a bountiful provision.
27 O ye who believe! Enter not houses other than your own without first announcing your presence and invoking peace upon the folk thereof. That is better for you, that ye may be heedful. 
28 And if ye find no-one therein, still enter not until permission hath been given. And if it be said unto you: Go away again, then go away, for it is purer for you. Allah knoweth what ye do.
29 (It is) no sin for you to enter uninhabited houses wherein is comfort for you. Allah knoweth what ye proclaim and what ye hide.


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