2. how can the shias allow marriage for the sake of sexual gratification?(zawaj el mota3a)
First of all, Aren't Marriages (including both Nikah and Muta) supposed to be for sexual gratification ?? Unless I am missing something here....
And just to make my point very clear, the meaning of the term '
nikah' is literally '
sexual intercourse'
As for Muta, it is not the Shia who have allowed it, it is the Holy Prophet and the Holy Quran who have allowed it. Besides this, Muta was not only practised during the time of the Holy Prophet, but was also practised during the time of the caliphate of Abu Bakr and most of the time while Umar was a caliph. It was only towards the end of the caliphate of Umar that he announced,
"Two mut'a were practiced during the time of the Prophet [i.e. temporary marriage and mutat al-hajj], but I forbid both of them and will punish anyone who practices either."
(just as a note, I remember Muhaddisa questioned about the Muta of the Haj....well here a short description of it: - Pilgrims who come to Mecca for the hajj from a long distance and want to perform the 'umra before the hajj are allowed to enter into a state of consecration (ihram) for the 'umra and then to leave it until they re-enter it for the hajj. During the intervening period they can 'enjoy themselves' (tamattu') with the activities of everyday life that are forbidden in the state of ihram. This tamattu' before the hajj is known as mut'at al-hajj. )
The verse of the Holy Quran which permits Muta is verse 24 of Sura an-Nisaa'...
وَالْمُحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَكَتْ أَيْمَانُكُمْ كِتَابَ اللّهِ عَلَيْكُمْ وَأُحِلَّ لَكُم مَّا وَرَاء ذَلِكُمْ أَن تَبْتَغُواْ بِأَمْوَالِكُم مُّحْصِنِينَ غَيْرَ مُسَافِحِينَ فَمَا اسْتَمْتَعْتُم بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُم بِهِ مِن بَعْدِ الْفَرِيضَةِ إِنَّ اللّهَ كَانَ عَلِيمًا حَكِيمًا {24}
[Shakir 4:24] And all married women except those whom your right hands possess (this is) Allah's ordinance to you, and lawful for you are (all women) besides those, provided that you seek (them) with your property, taking (them) in marriage not committing fornication. Then as to those whom you profit by, give them their dowries as appointed; and there is no blame on you about what you mutually agree after what is appointed; surely Allah is Knowing, Wise.
The follwoing is what the Pooya/Ali Commentary says about ths verse: -
[Pooya/Ali Commentary 4:24] Muhsanat means well-guarded or protected. They are married women (free and slave), minors and insane females.
"Save those whom your right hands own" signifies "such married women as shall come in your possession as prisoners of war". Such women, when not taken back on payment of ransom or through negotiation, are lawful as wives, even though their previous marriage has not been formally dissolved, provided the infidel woman becomes a Muslim.
Famastamta-tum bihi provides for a temporary marriage, known as muta. It has been specifically made lawful by the Quran and the Holy Prophet, therefore, this provision subsists as unrescinded.
One day, for no reason at all, and having no authority to amend a law given and practised by the Holy Prophet, the second caliph declared from the pulpit:
"Two mutas (temporary marriage and combining hajj with umra) were in force during the time of the Holy Prophet, but now I decree both of them as unlawful; and I will punish those who practise them."
(Tafsir Kabir, Durr al-Manthur, Kashshaf, Mustadrak and others).
According to Tirmidhi even his son, Ibn Umar, refused to agree with his father's action because it was made lawful by Allah and His Prophet, whose pronouncements could never be revoked by any one after him.
Therefore the Shia school of thought (Islam-original) holds both the mutas lawful. Ali ibn abi Talib reversed the uncalled-for innovation of the second caliph, and thereafter it was never again prohibited.
The Maliki school of thought also holds muta as lawful.
Besides Nikah and Muta dont have much difference. Both are lawful ways of making sexual relations valid between a man and a woman, and both can be dissolved. In the case of a Nikah, it is usually by divorce or nullification if a spouse ceases to be a believer and in the case of Muta either by the lapse of the agreed period or by the gifting of the remaining period to the wife by the husband.
The children born out of Muta belong to the father just like the children born out of Nikah and they inherit from the father and mother.
After studying the above and going further indepth one would have no doubt about the permissibility of Muta, as given by Allah the All Knowing and the all Powerful., and his Messenger, the Holy Prophet.
An indepth analysis of Muta and the various proofs that some sunni schools of thought bring forward to argue on its validity, toghether with their refutations can be found at: -
http://www.al-islam.org/al-serat/muta/index.htm
Specifically refer to Chapter 4 in the site above.[/img]