['Aalim Network QR] Mut'ah

[Mustafa Rawji <mrawji@sciborg.uwaterloo.ca>]

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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
|  Greeting of Allah be upon Muhammad and the pure members of his House |\
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Salamun alaykum,

	The following question on Mut'ah was kindly answered by Shaykh 
Abu Muhammad.

Wasalaam,

Mustafa Rawji
Acting Moderator, ABDG-A

QUESTION:

      SITUATION: There is a friend of mine who studies with me and I
 recently found out that he is a Shia.  I saw him praying in our local
 Sunni mosque and he prayed like me so I decided to ask him of his sect.
 We got to talking and after knowing him for a couple of days now I
 found out that he lives with his girlfriend.  I talked to him about the
 concept of Mutaa that we Shia believed in.  He seemed to be very
 interested in this.  I told him about the basic things that I know about
 temporary marriage but soon I was confronted with a question that I was
 not able to answer.
        His girlfriend is a virgin and thus needs her father's permission
 to perform mutaa.  She is also very interested in learning about Islam.
 Unfortunately, her dad is a pastor at a local church, so he is not going
 to be practicle about the concept of temporary marriage.  The question
 that I was confronted with was:

  QUESTION:  What should be done if the guardian of a girl (Ahl-el- kitaab)
 is very impracticle and does not want to do anything with one of Allah's
 orders?
      I was not able to answer this question and I would really
 appriciate it if you can answer this question for me.  I'm sure that
 Islam will have an answer to this.  I would like this question to be
 answered according to the rulings of both Aga Khui, and Aga Seestani.

ANSWER: 

In The Name of the Most High;

1. The guardianship of one over another is not valid in the following
situations:

a. If the father is a kafir and the person is a muslim.

b. If the person is an adult(rashid) and their is an inclanation towards
the one to be married. (it is only a recommended precaution to get the 
guardains permission in this case).

c. If getting the guradian's permission is hard to get for any logical 
reason.

d. where the hardship of achieving such permission is greater than the
benefit of getting such permission.


2. Not all Alims require that an adult bikr woman gets her guardian's 
permission to enter into a muta marriage. Those who require such  conditions
view it as an obligatory precaution. Therefore, and in those situations, 
one can revert to another alim who allows it.

3. In this particular situation, this girl does not have to have her father's
permission to enter into a muta marriage with this brother. In fact the 
brother must perform such muta right away to avoid further falling into 
haram acts.

Allah knows best.

Abu Muhammad