Marital Rights Under Muta (temporary) Marriage


2430  *Contracting a temporary marriage with a woman is in order, even if it may not be for the sake of any sexual pleasure.

2431  * The obligatory precaution is that a husband should not avoid having sexual intercourse for more than four months with a wife of temporary marriage.

2432  *If a woman with whom temporary marriage is contracted, makes a condition that her husband will not have sexual intercourse with her, the marriage as well as the condition imposed by her will be valid, and the husband can then derive only other pleasures from her.  However, if she agrees to sexual intercourse later, her husband can have sexual intercourse with her , and this rule applies to permanent as well.

2433  *A woman with whom temporary marriage is contracted, is not entitled to subsistence even if she becomes pregnant.

2434  *A woman with whom temporary marriage is contracted, is not entitled to share the conjugal bed of her husband, and does not inherit from him, and the husband, too, does not inherit from her. However, if one or both lay down a condition regarding inheriting each other, such a stipulation is a matter of Ishkal as far as its validity is concerned, but even then, precaution should be exercised by putting it into effect.

2435  *If a woman with whom temporary marriage is contracted, did not know that she was not entitled to any subsistence and sharing of her husband's conjugal bed, still her marriage will be valid, and inspite of this lack of knowledge, she has no right to claim anything from her husband.

2436  *If a wife of temporary marriage goes out of the house without the permission of her husband, and the right of the husband is in anyway violated, it is haraam for her to leave. And if the right of her husband remains protected, it is a recommended precaution that she should not leave the house without his permission.

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The above was excerpted from "Islamic Laws," English Version of Taudhihul Masae'l, According to the Fatawa of Ayatullah al Usama Syed Ali al-Husaini Seestani.



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