مطالعات فقه و حقوق اسلامی (Feb 2021)

A Critique in the reasons of abolishing of legitimation of temporary Marriage

  • Ali Mazhar Gharamaleki,
  • Esmaiel Ghorbani

DOI
https://doi.org/10.22075/feqh.2021.13635.1396
Journal volume & issue
Vol. 12, no. 23
pp. 309 – 332

Abstract

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One of the main areas of disagreement between Shi'ite and Sunni scholars is the issue of temporary marriage (mut'ah). Following the views of historians in the historical books and exegetes in interpretation of Ayah 24 of Surah An-Nisa (4:24), the Shia believe that marriage has always been in legal and keeping with Sharia law, and it was never abolished; and that it was second caliph who prohibited it, not Prophet Mohammad (PBUH). In contrast to this view, relying on reports, the Sunnis claim that mut'ah marriage was abolished by Prophet Mohammad (PBUH) himself shortly after its legitimation. But, taking into account all the information and in light of the Principle of Istishab (Presumption of Continuity), the latter view is rejected.

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