A critical study of Temporary Marriage in the Sunnite Jurisprudence

Temporary marriage is a kind of marriage the legitimacy of which was accepted by all Muslims at the time of the holly prophet. The original verdict concerning temporary marriage shows its permission and the infallible Imams resisted against its prohibition by the second caliph because its absolute prohibition had no religious justification. However, the Islamic government, due to time and place circumstances, has the right to impose restrictions and conditions on it in order to prevent the problems arising from it. This paper studies temporary marriage from a governmental perspective and on the basis of the Imamite and Sunnite jurisprudence. Concentrating on the documents concerning the legitimacy of temporary marriage which is probably influential in comparative and differential controversies, the paper also elaborates on temporary marriage with respect to its nullification or prohibition by government because the Sunnites claims the nullification or prohibition of this kind of marriage by means of the rights of government.