A Study of Nikāh Al-Mutcah and its Implications for Feminine Dignity

Abstract

A unique contradistinction between the Sunni school of thought and the Shicah school of thought is the concept of temporary marriage, simply put as nikāh al-mutcah. While the Sunnis strongly opposed the practice, it is an approved system of marriage among the Shicah. Although, the two schools of thought unanimously agree that it was a practice initially approved by Islam, the Sunnis believed that the Qur’ānic verse which initially approved it was later abrogated and the practice was banned. A display of intellectual discourse was therefore embarked upon by both groups. That not-withstanding, this paper is out to assess the implications of the legality of the practice of mutcah for feminine dignity in the contemporary period. Historical and Descriptive research methods were used in this exercise. The paper concluded that the dignity of women which Islam is meant to protect would be jeopardised if Nikāh al-Mutcah was legalised, as this type of marriage was a clever way of legalising adultery, fornication and prostitution.

Keywords: Nikāh, Mut'ah, Feminine, Sunni, Shicah, Dignity.