As for the second verse
To make it as evidence for negation of wifehood of Mutah wife is a penalty;
because all who believe in the lawfulness of Fixed time marriage believe that it is
a legal marriage. On the basis of this, to reason lawfulness of Fixed-time
marriage by this verse is worthier than reasoning the abrogation of verse of
Fixed-time marriage (Mutah).
As for the verse of inheritance: It basically has no connection with this issue,
because traditional reports, especially about Fixed time marriage have negated
inheritance and this has no connection with the tie of marriage. It example is that
in traditional reports, inheritance is negated for the killer or disbeliever son,
without negating his ‘son-ship’.
As for the claim of its abrogation through Sunnah
Discussions regarding this are very lengthy and comprehensive, and there
are numerous views about this, but none of them is compatible with other and the
reader is also helpless to get proper awareness from traditions fabricated to
oppose authentic traditions and reliable history.
It is interesting that each of those fabricators, who fabricated traditions of
abrogation of this verse, were unaware of fabrications of their brothers. That is
why each of them created fabrications according to their personal view.
The late Allamah Amini, in Al-Ghadeer, has mentioned fifty of these
statements.1
The worst of them is the author of Al-Washiya, Moosa Jarullah of the
twentieth century, who caused a great calamity on Quran and Sunnah, which no
other player of the past centuries have done. He has invented a new kind of
belief, which is opposed to the views of all past scholars. Neither is it compatible
with Quran or Sunnah or any source of religion.
He says:2
“The Ummah has issued numerous statements about Fixed time
marriage, but in my view, Fixed time marriage is from the marriage of the period
of Ignorance (Jahiliyya) and it is possible that in the early period of Islam, some people acted upon it and the Holy Prophet (s.a.w.a.) also allowed it that instance.
And verse was also revealed regarding that…and this is not extraordinary,
because regarding the worst prohibited things verse is revealed and what occurred
before the revelation of the verse was excepted.3
And Fixed-time marriage is a historical issue and not a legal command
through permission of Holy Prophet (s.a.w.a.) and if someone claims that it was
through permission of Prophet and it was absolutely lawful according to Shariat,
I will say: Let it be, there is no problem, and we also don’t argue in its refutation,
but our question is that whether the verse of Fixed-time marriage is mentioned in
Quran or not?
Shia books claim that the statement of Allah, the Mighty and Sublime:
فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَأْتُوهُنَّ أُجُورَهُنَّ
“Then as to those whom you profit by, give them their dowries as appointed.”4
…was revealed about Fixed-time marriage (Mutah), but in my view the
context and the fact that this verse is in Arabic, I don’t believe it was revealed
about Fixed-time marriage (Mutah), because in that case the structure of the verse
will be confused and its arrangement would be destroyed.
Thus, regarding Fixed time marriage (Mutah), nothing is revealed in Quran
and we have formed this chapter to clarify this point so that I may refute the
gossip mentioned in Shia books, who say that the captioned verse was revealed
about Fixed time marriage (Mutah). Basically, Fixed time marriage (Mutah) was
not lawful in Islam. On the basis of this, abrogation of Fixed time marriage
(Mutah) is not abrogation of law of Shariah; it is in fact abrogation of rule of
Ignorance (Jahiliyya) and its prohibition is forever.
The tradition of Fixed time marriage (Mutah) is also from unacceptable
traditions, which some companions believed in; so much so that even some
companions of companions believed in it like Tawus, Ataa, Saeed bin Jubair and
some jurists of Mecca…and the jurist of Mecca, Ibne Jarih in his statement,
regarding lawfulness of Mutah has committed excess, just as he committed
excess in its practice. So much so that he willed to his sons regarding seventy
ladies; that they should not marry them as they were their mothers…
In my view, it is highly unlikely that one, who is a believer, who is aware of
specialties of Quran, who believes in its miracle and who correctly understands
its arrangement, and then says that the verse of:
فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَأْتُوهُنَّ أُجُورَهُنَّ
“Then as to those whom you profit by, give them their dowries as appointed.”5
…was revealed regarding Fixed-time marriage (Mutah) of women, has in
fact issued this statement in unawareness. In books of Shia, they have attributed
traditions to Baqir and Sadiq that they said: “This verse was revealed about
Fixed-time marriage (Mutah) of women;” and the best probability regarding this
tradition is that it is fabricated. Otherwise it would have to be said that Baqir and
Sadiq were (God forbid) ignorant.
In other than Shia books, you will not find anyone, who says that the
captioned verse was revealed about Fixed-time marriage (Mutah) and Islamic
Ummah has consensus on unlawfulness of Fixed-time marriage (Mutah) and no
one has said that the verse:
فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَأْتُوهُنَّ أُجُورَهُنَّ
“Then as to those whom you profit by, give them their dowries as appointed.”6
…has been abrogated.
Reply to Moosa
These are the statements of this man mentioned in his book of Washiya,
regarding Fixed-time marriage (Mutah), which we have compiled. These dark
pages are really remote from religious and academic manners and social and
literary chastity; and between these statements and commands of Islam, there is a
distance of the earth from the sky and we would also not confront him, except
with ‘peace’7
As regards Mutah or Fixed time marriage with attention to the conclusions
of research of scholars and their efforts, especially the latter scholars, there is no
need to prolong the discussion.8 Though he, after stating these points, has
condemned the Shia for promiscuity and used foul words regarding them in a
cowardly manner and has not feared Almighty Allah.
But, what is important for us is that the minds should be made attentive to
falsehoods and his great crimes related to knowledge, wisdom, Quran and its
people. We awaken the perception of folks of discussion and research, so that
they may know how he concealed the reality and views of past persons, how
through deceit, he inverted clear facts and spread points contradictory to Quran
and Sunnah in academic societies.
It is interesting that he, despite such ignorance regarding Quran and Sunnah,
considered himself among jurists of Islam Then goodbye to Islam [the presence
of such persons is farewell to Islam].