The Difference Between Temporary Marriage and Adultery

Question

In this Q&A, the questioner asks about the differences between temporary marriage (known as 'Zawaj al-Mut'ah') and adultery (zina), particularly regarding the responsibilities and health risks associated with both. [AR_ID:4234]

Answer 1

Peace be upon you. The matters mentioned in the question that temporary marriage shares with adultery, according to the questioner's assumption, are not exclusive to temporary marriage. Even permanent marriage can share these characteristics, as a man can marry, divorce, and remarry as many women as he wishes. The limitation of wives in permanent marriage to four does not prevent this, and it may also lead to the transmission of sexually transmitted diseases, so there is no particularity to temporary marriage. Regarding the issue of lack of responsibility in temporary marriage, it will be clarified that temporary marriage is contrary to that.

If we want to focus on the difference between temporary marriage and adultery, it lies in several points:

* First Point: Allah has forbidden adultery, as stated in His words: (And do not approach adultery, for it is indeed a great sin and an evil way). As for temporary marriage, the consensus among Muslims is that Allah permitted it during the time of the Prophet Muhammad (peace be upon him), and the disagreement among Muslims is whether its ruling has been abrogated or not. There is a significant difference between what Allah has permitted and what He has forbidden, similar to His words: (That is because they said, 'Trade is just like usury.' But Allah has permitted trade and forbidden usury). There is a clear distinction between what Allah has forbidden and what He has permitted, so consider this.

As evidence of this consensus, we can cite the words of some scholars from the Sunni tradition:

- Al-Fakhr al-Razi: "What should be relied upon is to say: We do not deny that temporary marriage was permissible; rather, what we say is that it has been abrogated."

- Ibn Kathir stated in this regard: "This verse has been used to support the permissibility of temporary marriage, and there is no doubt that it was permissible at the beginning of Islam, but it was later abrogated. Al-Shafi'i and a group of scholars held that it was permitted, then abrogated, then permitted again, and then abrogated twice."

* Second Point: Marriage, whether permanent or temporary, is a legislation from Allah through a contract that occurs between the two parties to establish a sexual relationship between the spouses. Adultery is a rebellion against that contract, as the relationship occurs between a man and a woman without relying on the legitimacy of this union.

* Third Point: In temporary marriage, the child is attributed to his father and inherits from him after his death.

* Fourth Point: A wife in temporary marriage is not allowed to marry another man during her first marriage, thus preserving the purity of lineage. In contrast, in adultery, the woman is not obligated to observe a waiting period (iddah) or refrain from engaging with others, leading to potential mixing of lineage.

* Fifth Point: If the husband dies, the wife observes the waiting period of death, and if the contract period ends, the wife is also obligated to observe the waiting period.

May you be successful in all good.

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Sources:

(1) Tafsir al-Razi - Al-Razi - Vol. 10 - p. 53

(2) Tafsir Ibn Kathir, 1st edition - Beirut 1966 - Vol. 2 - p. 44.

(3) Center for Doctrinal Questions: 1, 2, 3.