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Rules Regarding Temporary Marriage

Rules Regarding Temporary Marriage

Mut'ah (Temporary Marriage)

2428. Contracting a temporary marriage with a woman is in order, even if it may not be for the sake of any sexual pleasure.

2429. The obligatory precaution is that a husband should to avoid having sexual intercourse for more than four months with a wife of temporary marriage.

2430. If a woman with whom temporary marriage 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 interourse with her, and this rule applies to permanent marriage as well.

2431. A woman with whom, temporary marriage is contected, is not entitled to subsistence even if she becomes pregnant.

2432. 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 problematic as far as its validity is concerned, but even the, a precaution should be exercised by putting it into effect.

2433. If a woman with whom temporary marriage is contracted, did not know that she was not entitled to any subsistence and sharing her husband's conjugal bed, still her marriage will be valid, and in spite of this lack of knowledge, she has no right to claim anything from her husband.

2434. 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 illgal 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.

2435. If a woman empowers a man he may contract a temporary marriage with her for fixed period, and agaisnt a specified amount of Dower, and instead, that man contracts a permanent marriage with her, or contracts a temporary marriage with her without specifying the time or amount of Dower, the marriage will be void. But if the woman consents to it on the understanding the position, then the marriage will be valid.

2436. In order to become Mahram (with whom marriage contract becomes prohibited and is treated to be one the close relatives), a father or a paternal grandfather can contract the marriage of his immature son or daughter with another person for a short period, provided that it does not involve any scandal or moral lapse. However, if they marry a minor boy or a girl who is not in anyway able to derive any sexual pleasure during the period from the spouse, then the validity of such a marriage is a matter of problematic.

2437. If the father or the paternal grandfather of an absent child marries it to someone for the sake of becoming Mahram, not knowing whether the child is alive or dead, the purpose will be available only if during the period fixed for the marriage purpose, the child can become capable of consummating marriage. If it later transpires that it was not alive at the time the marriage was contracted, it will be considered void, and the people who had apparently become Mahram will all become available to marry.

2438. If a husband gifts the wife of Mut'ah with the period of her temporary marriage, thus releasing her, and if and if he has had sexual intercourse with her, he should give her all the things he agreed to give her. And if he has not had sexual intercourse with her, it is obligaroty on him to give her half the amount of the Dower, though the recommended precaution is that he should give her full amount of Dower.

2439. If a man contracted a temporary marriage with a woman, and the period of her Iddah has not ended yet, he is allowed to contract a permanent marriage with her or renew a contract for temporary marriage with her.

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