Download PDF: [S] He Proved Mut’a is Haraam
It is mentioned that once Sultan Mamun Rashid became influenced by the Shia teaching of the Baramaka family and a person named Fadl bin Sahl and due to this evil influence, he issued an official declaration that as of that day “Mut’a” or temporary marriage is Halaal. Obviously, the majority of his subjects were shocked and dismayed because in general, the majority of people were Sunnis in the Muslim world. The ‘Ulama were also shocked and dismayed at this evil announcement.
Some were also afraid of speaking against a government which could crush them. This was indeed a very difficult moment. However, the Qadi of the time, Qadi Yahyah bin Aktham, did not fear anyone. What he did at that time was indeed a lesson for all other Islamic leaders in the future. He immediately walked into the palace of Sultan Mamun Rashid and boldly asked him in front of everyone. “O Ameerul Mo’mineen! It is a tragedy that there has now appeared a new fitnah in Islam.”
Mamun asked him what this was and he replied, “Adultery seems to have now become Halaal.”
Mamun: How is this possible?
Qadi Saheb: Mut’a is actually adultery.
Mamun: What proof do you have for this?
Qadi Saheb: The female that one commits Mut’a with, is she a concubine? (In other words, a female slave with whom one is allowed to have sex with).
Mamun: No, she is not a concubine.
Qadi Saheb: Is she a wife what will become entitled for a share in your inheritance?
Mamun: No. The reason is that she is not your wife in the real sense where she is entitled for inheritance.
Qaud Saheb: The Qur’an has made two females permissible for a person. The first is his wife and the second is that which he owns with his right hand, (a concubine). The Qur’an declares in Surah Mu’minun (23), verses 5 and 6:
وَالَّذِیۡنَ ہُمْ لِفُرُوۡجِہِمْ حٰفِظُوۡنَ ۙ﴿۵﴾
اِلَّا عَلٰۤی اَزْوٰجِہِمْ اَوْ مَا مَلَکَتْ اَیۡمٰنُہُمْ فَاِنَّہُمْ غَیۡرُ مَلُوۡمِیۡنَ ۚ﴿۶﴾
“And who guard their private organs. Except from their wives or the legal bondwomen that they possess, for then there is no blame upon them.”
And if this is the case, where is the third female who you have presented and who you have made Halaal. This clearly proves that Mut’a is Haraam.
When Sultan Mamun heard this explanation, he was clearly shocked and made a public announcement that as of that day the act of Mut’a will be considered as an act of adultery. (Ibn Khalakaan)
No matter how difficult and dangerous an issue might look, a true Islamic scholar will always standing up for the truth. Another important point to bear in mind is that the Divine Help of the Allah Almighty is always with those who are on truth.