['Aalim Network QR] Mut'a; Iddah

[abbas@dircon.co.uk (Abbas Jaffer)]

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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 was kindly answered by Mulla Asghar.

Regards

Abbas Jaffer
Moderator - ABDG-A.
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Question:

According to religious laws of Shia, a Muslim man can temporarily marry a
Christian or Jew woman (as well as a Muslim woman). As far as I understand a
Muslim man is not allowed to marry temporarily a woman having a religion
except those mentioned above. In practice, some problems occur that I could
not find solutions for them in the practical (Amalieh) Risalah. These
problems are listed in the following. Could you please answer these problems
or questions according to Ay. Sistani or Khamenei or Fazel-Lankarani? If finding
answers according to the above-mentioned persons is not possible at the
present or it needs to be asked them directly, could you answer them
according to Shia's Feqh resources like Sharh-Al-Lom'eh (by Shahid Al-Thani)
or so on.
 
Q.1. In western countries the majority of people are Christians. However,
there are people who are not, in the meantime, Muslims or Jews. Is it
allowed not to ask her religion while Muta? In other words, is it allowed to
presume that she is Christian as the majority of people in society are
Christians?

Q.2. When a Christian (or Jew) unmarried woman has lost her virginity due to
her previous relationships, is her father permission for marriage
temporarily (Muta) needed?
 
Q.3. When we find that she is single, Is it necessary to ask her that
whether she has a boyfriend at the present or not? If she does, is it
allowed to marry her temporarily? If she doesn't, is it necessary to ask her
about previous relationships? In other words, is it necessary to ask her
that her EDEH (about 45 days in Muta) is over? and also to tell her to keep
EDEH after expiring the period of Muta, while she does not believe to these
rules or may not do as requested? In summary, should we ask her about EDEH?
and without asking in this regard, can we do Muta?

With many thanks. 

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Answer:

Q1. In a country where the population is predominantly Christian, you may
presume that she is also Christian.

Q2. The father's permission is not required if she has had previous
relationships as described.

Q3. It is not necessary to ask but if she is currently in a relationship you
cannot marry her. It is not necessary to ask about previous relationships or
how long ago they took place. However, it is necessary to explain to her the
rules of Mut'a and explain about the Iddah to follow, even if she does not
later do as requested.

And Allah knows better.

Asgharali M M Jaffer.