Mut’ah marriage is: understanding, law, and Islamic perspective

Mut’ah marriage is a term that may sound foreign to the general public. This marriage practice often triggers debate among scholars and Muslims in general. This happens because of a very striking difference in concepts between mut’ah marriage and marriage in general.

So, what exactly is meant by mut’ah marriage? How does Islamic law view this practice and how is the social impact and law of mut’ah marriage? This article will thoroughly explore mut’ah marriage starting from understanding, background and examining the perspective of Islam and Indonesian law comprehensively.

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Definition of Mut’ah Marriage

The definition of mut’ah marriage is an agreement between men and women who do not have a partner to marry with a certain period or without time with a predetermined in return.

In practice, this marriage is carried out without love to live married forever so that after the specified time runs out, the two husband and wife will be separated without the process of divorce and without inheritance as a marriage known in Islam.

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History and Background of Mut’ah Marriage

Mut’ah’s marriage is known to have existed and practiced since the time of the Prophet Muhammad. , especially in the early days of the spread of Islam. At that time Islam came with rules that limit a person’s ability to interact so that they can only interact with their wives and sons. While at the same time, there is a Muslim obligation to be reported and Islamic broadcasts that make them far from his wife for a long time.

In these conditions, some of the weak friends of their faith are feared to return to the habit of ignorant, namely committing adultery because they are unable to withstand the passions in them. Until there is an intention to tweak yourself so as not to fall into adultery.

Seeing this situation, the Prophet Muhammad. Provide relief in the form of permission to do mut’ah marriage as a solution to the difficulties encountered. However, the scholars assert that this ability is limited, not absolute ability that is valid at any time or for everyone can do. This ability is included in the category Rukhsah (legal relief given in an emergency situation) as explained by Ibn ‘Abbas.

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Islamic law view of mut’ah marriage

In Islamic law, the majority of scholars view mut’ah marriage or contract marriage as an illegal form of marriage and contrary to the basic principles of marriage in Islam. The main purpose of marriage according to the Shari’a is to build a family that is sakinah, mawaddah, and rahmah permanently.

Meanwhile, mut’ah marriage is temporary, limited by a certain period of time, and often emphasizes the meeting of biological needs or material interests alone, not on the noble goals of marriage in Islam.

In addition to conflicting in principle, the practice of mut’ah marriage also often does not meet the legal requirements of marriage according to Islamic law. For example, there are no valid witnesses or not officially registered.

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Marriage mut’ah in the context of Indonesian law

In the context of Indonesian law, mut’ah marriage is not recognized juridically and is contrary to the basic principles of marriage as stated in Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage.

Which is the concept of marriage regulated in Indonesian law emphasizes the formation of a happy and eternal family based on the Almighty God, so it is not in line with the temporary nature of mut’ah marriage. Therefore, this marriage is considered invalid both according to state law and religious law.

As for the practice of its implementation, mut’ah marriage is often carried out without official records in the Office of Religious Affairs (KUA), so that it does not have legal force.

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Social and legal impacts from mut’ah marriage

With the implementation of mut’ah marriage, there are several impacts that arise both from the social side and from the legal side. One of the impacts that is felt is that women do not obtain basic rights such as living, inheritance rights, and iddah periods. In fact, if in the contract mentioned a certain time limit, some scholars view the relationship as a form of adultery.

Then from the social side, the impact of mut’ah marriage is also very detrimental, especially for women and children involved. Children born from Mut’ah’s marriage often do not have legal recognition of their father’s status, so they only have a civil relationship with his mother. This increases the risk of child neglect due to the lack of responsibility of the male.

In addition, the practice of mut’ah marriage is often seen as a social deviation that resembles covert prostitution. Although sometimes done for economic reasons, this practice demeans the dignity of women and brings a long -term impact that damage the family and community order.

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(This article has been edited by the perqara editorial team)

Legal basis

1. Law Number 1 of 1974 concerning Marriage
2. Government Regulation Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage

Reference

1. A. Dzarrin Al-Hamidy, “Mut’ah Marriage in the Instraction of Islamic Law and Positive Law”, Al-Qanun, Vol. 11, No.1, (2008).
2. Khairil Ikhsan Siregar, “Mut’ah Marriage in the Perspective of the Koran and Hadith”, Journal of Al-Qur’an Study, Vol. 8, No.1, (2012).
3. Muhammad Saleh Ridwan, “Mut’ah Marriage: Perspective of Islamic Law and National Law”, Journal of Al-Qadau, Vol. 1, No.1, (2014).
4. Isnawati Rais, “The practice of mut’ah marriage in Indonesia in the review of Islamic law and marriage law”, Ahkam, Vol. 14, No.1, (2014).
5. Muhyidin and Nav Gabriel’s weather, “Muth’ah’s marriage (contract marriage) in the perspective of Indonesia’s positive law and law on marriage and heirs”, Diponegoro Private Law ReviewVol. 7, No. 1, (2020).
6. Ulfatul Zahra, Muslim, et al, “Social Impact & Law of Marriage Contracts in Islam”, Journal of LawVol. 1, No. 4, (2024).