Analysis and Examination of Claim on Abolition of Mut’ah

Whether Nikah Mut'ah (temporary marriage) was abolished by revelation of a verse of Quran has been a source of conflicting Fatwas and extensive debates between Shia and Sunni jurists given the different foundations of jurisprudence in Shia and Sunni Islam. This research seeks to investigate and analyze Shia and Sunni scholars’ views in this regard. The conclusion of this research after analysis of the jurists’ reasons is that on the one hand, Sunni scholars refer to Quranic verses that either are not meant for Naskh (abrogation) or are for conveying a ruling. Accepting some interpretations of the verses would even entail insulting the Holy Prophet (PBUH) as Sunnis have said that women who have married the Prophet (PBUH) via Nikah Mut'ah can neither be considered Zawjah (wife) nor Milk Yameen (slave). As for narrations, aside from their weak Isnaad (chain of transmission), they contradict Hadiths about Mut’ah being halal and continuing to be Mubah during the lifetime of the Prophet (PBUH) and afterwards. Given the unanimous view of Sunni and Imamiyah scholars about the authenticity of the Hadthis, those that consider Nikah Mut’ah as being halal are preferred. Even if one does not take these two aspects into account, there would be yet another problem arising from the stark contradiction of these narrations, because accepting all of them requires accepting numerus rulings on Mut’ah.