Temporary or short-term marriage contract (muta’a marriage): syariah and civil perspectives

Ali Mohamed, Ashgar Ali and Ahmad, Muhamad Hassan (2026) Temporary or short-term marriage contract (muta’a marriage): syariah and civil perspectives. In: FAMILY LAW IN MALAYSIA: CIVIL AND SYARIAH PERSPECTIVES. CLJ Publication, Kuala Lumpur, pp. 115-140. ISBN 978-967-457-213-6

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Abstract

Marriage is an important institution in human life, establishing and regulating the legal relationship between the sexes. It is meant to establish progeny and thereby continue a respectable lineage for generations to come. As mentioned in the earlier chapter, in Islam, the legal basis of marriage is provided in numerous verses of the Holy Quran and the traditions of Prophet Muhammad (SAW). For example, the Holy Quran proclaims, “Then marry women of your liking, two, three or four”. “And marry those among you who are single, and the virtuous ones among your slaves, male or female”. “And among His signs is this, that He created for you spouses from among yourselves, that you may dwell in tranquillity with them, and He has put love and mercy between your (hearts)”. The Prophet (SAW) said, “O ye young people, whoever can afford marriage should marry, for that will help him lower his gaze and guard his modesty. Whoever is not able to marry is recommended to fast, as fasting diminishes (his) sexual power”. In another version by Al-Bayhaqi, it reads, “When a man gets married, he gets one half of the religion. Thus, he should fear Allah in the other half ”. Abu Hurairah reported that the Prophet (SAW) said, “There are three people whom Allah will surely help: a warrior in the cause of Allah, a slave who wants to free himself by a payable contract and whoever seeks chastity by marriage”. As evident from the above, marriage serves as a means of safeguarding one from committing sinful acts driven by lust and desires (nafs). According to Imam Al-Ghazaali, “the predominant destructive factors of one’s deen (religion) are the private parts and the stomach. One of these is satiated by nikah, because in nikah lies chastity and morality. It is a fort from shaitaan and saves one from the evil diseases of lust. It curbs lusts and desires, keeps one’s gaze in check and safeguards one’s private parts. Furthermore, Mufti Abdul Jaleel Qasmi stated, “when a person makes nikah, he acquires a peaceful and serene disposition, then he will fulfil his natural desires in permissible avenues and means. He will understand it as his obligation to abstain from fornication, immorality and stray glances”. In other words, marriage represents the most effective means of ensuring a virtuous life, safeguarded from immorality and emotional instability. The Holy Quran says, “They (your wives) are as a garment to you, and you as a garment to them”. The husband and the wife are therefore mutual supporters, providing comfort and protection to one another. Apart from the gratification of sexual desires, safeguarding lineage and progeny and creating a bond between the families of the couple, marriage is also a social contract with wide and varied responsibilities and duties. It provides a woman with sustenance, clothing and a home enabling her to devote her time to the responsibility of rearing her children. Having established the foregoing, this Chapter proceeds to examine the concept of temporary marriage, commonly referred to as short-term or muta’a marriage from the standpoint of Islamic jurisprudence, and further analyses the legal status of such a marriage contract within the framework of Malaysian laws governing both Muslims and non-Muslims.

Item Type:	Book Chapter
Uncontrolled Keywords:	Muta'a Marriage, Temporary Marriage, Contract Marriage, Short-term Marriage.
Subjects:	K Law > K670 Family Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User:	Dr. Muhamad Hassan Ahmad
Date Deposited:	29 Jul 2026 01:30
Last Update:	29 Jul 2026 01:30
Queue Number:	2026-07-Q4292
URI:	http://irep.iium.edu.my/id/eprint/130239

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