Away from the Shiites .. What he saw jurisprudence in the marriage of pleasure? .. The four doctrines: the perpetrator Yaser and not flogged

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One of the topics that is constantly raised concerns the marriage of pleasure in Islam, where it is recognized by others and denied by others.

Based on the book of fiqh on the four schools of thought, written by Abdul Rahman al-Jaziri, this issue is related to, among others:

Is there a difference between a temporary marriage and a temporary marriage? What is the reality of each? What is the ruling on each of them? The origin of the legitimacy of fun marriage.

The book says: "The Maalikis, Shaafa'is and Hanbalis agreed that there is no difference between the two. The temporary marriage is the fun and popular marriage at the Hanafis, so the fun marriage requires that it be a fun word, as if to say to you: do your own thing. It is not proven and on this the marriage of pleasure is temporary marriage without distinction to everyone.

The fact of the fun marriage is to restrict the marriage contract at a certain time, as if to say: Couple yourself a month, or married you for a year. Or so whether it was issued before witnesses and directly first.

Whether it is a temporary marriage or temporary marriage, it is invalid by agreement, and if it is signed by someone who deserves to be promoted, not limited, as you will know in the details of the doctrines, because it was narrated from Ibn Abbas that it is permissible and this is a suspicion.

The origin of the legality of the fun marriage is that the Muslims in the early days of Islam were in a small number of them: constantly harassing their enemies and this is a situation where they can not afford the costs of marriage and raising the family, especially that their financial situation was so bad it is not reasonable to occupy themselves with family management from the beginning Besides, they were new to the era of their customs, which they raised before Islam, which is the chaos of desires in women, so that one of them gathered under him what he wanted of women, and near to love and to whom he wants, if they are at war, what is their condition? However, human nature has its own judgment, and the material state has its own judgment as well. This situation must have temporary legislation that removes the intimacy and prevents them from the costs of marriage.

This is a temporary marriage or a temporary marriage. It is similar to the temporal ruling on the need for war, because the army contains young men who have no wives and can not marry permanently. They can not resist human nature. In this case, it is not reasonable to ask them to weaken their desires by fasting, Because the warrior is not right to weaken him in any way and in any case, this case is the origin in the legislation of marriage fun indicates that reported by Muslim about the Sabra said: The Messenger of Allah peace be upon him pleasure in the year of conquest when we entered Mecca, It is clear that it is a temporary provision necessitated by fighting.

Ibn Majah narrated that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: "O people, I have been permitted to enjoy, but God has forbidden them until the Day of Judgment."

And this is reasonable, which is required by the rules of the Islamic religion, which considers adultery a crime of the most terrible crimes and prohibits all that raises suspicion or facilitates the commission of evil and enough in that says: (and do not bring adultery it was obscene and bad way), and said peace be upon him: And adultery, and other vices that Islam came to fight and eliminate and has succeeded in this with these Arabs a great success, it may include them in the ranks of morality even virtuous And reached the end of what can be reached by human beings of morality, they were in As a role model for the world at any time and place, it is not reasonable to have a temporary marriage from the rules of Islam, which is the same as either narrated that Ibn Abbas said: it is permissible to correct that he said that before he told him copy and signed with Ibn al-Zubayr argument in that he narrated Ibn al-Zubayr said: What is wrong with people who are blind to Allah and their eyes are blind? They say that the marriage of pleasure is offered to Ibn Abbas because he has stopped his sight. Ibn Abbas said: You are a dry Gulf. I have seen the Imam of the righteous, the Messenger of Allah. He said to him: Ibn al-Zubayr. Abu Bakr narrated it with his hadeeth from Sa'eed ibn Jubayr that Ibn 'Abba was the son of Abba O A preacher. He said: The pleasure of Kalmitah and blood and pork and excessive exaggeration in all this it is clear that the marriage of pleasure or temporary marriage is invalid by the agreement of Muslims and the transfer of the permissibility in the beginning of Islam was necessary for the state of war and fighting

After: Let us remind you of the details of the doctrines at the bottom of the newspaper (1)

The Maalikis

They said: The marriage of pleasure is that the term of the contract is temporary for a period of time, as if to say to the guardian: If he is married for a month or so, he will say: She accepted her marriage for one month, so he said that the marriage was invalid and annulled before entering and after it. With it, it is named and attached to the child, and the marriage of pleasure is not achieved unless it includes the explicit mention of the term of the guardian or of the first woman. If it is not mentioned before the contract or is stipulated in the contract, Then he is harmed if the period is broad and do not live to him usually a difference jurist was said: It is true and said: No.

It is also narrated that Ibn Abbas, although he was also quoted as saying that he was right to say, is permissible. Some of the imams of the Maalikis have narrated that Ibn Abbas's return from this is a well-known case, but there is no limit to his suspicion. , And annulment marriage is invalidated by agreement to be confidential, provided that it is recommended that the husband be recited to him and that it is recommended that the mute be the witnesses. If the witnesses do not recommend keeping his old wife secret, for example, that the first or new share or the new wife, The recommended pair is recommended and they are witnesses and some of them say: They do not have to be recommended witnesses But if the first husband or wife or both of them recommend confidentiality to the champion of the contract. This ruling is specific to al-Malikiyyah.

The Shafei

They said that the marriage of pleasure is the marriage for the sake of the one who said to the husband, "If he is married for a month, then it will be a fun marriage. It is invalid, and if it lasts for a lifetime or a lifetime, if his wife said to him, 'Your wife is the lifetime of the contract's champion. The washing of his wife and the meaning of delaying the life period requires that the contract ends with death, so that the effects of the contract will not be nullified..

In some of the books of the Shaafa'is, the marriage of pleasure in Ibn Abbas is devoid of the first and the known, and in the public is the temporary marriage at the time and called the marriage a manifest pleasure on the interpretation of the public because the timing of the time indicates that the purpose is just to enjoy not inheritance and birth which are the original purpose of marriage or to interpret Ibn Abbas said that he is free from the first and witnesses, so it is called "fun marriage" because the issue of the decree without witnesses and witnesses is meant for pleasure only, if the purpose was to reproduce and bequeathed to Sadr in the presence of witnesses and the oleh, a summary of the liberation and his entourage.

This was supported by what was narrated that Ibn al-Zubayr said to Ibn Abbas: If he did your stoning, it appears that Ibn Abbaas' suspicion was weak in the view of Ibn al-Zubayr, so it is not necessary to raise the limit.

The Hanbala

They said: The fun marriage is to marry her to a period whether the period is known or unknown. For example, say the first example: Your wife is a month. Or a year. An unknown example is to say: "Your wife is until the end of the season." Or to the arrival of the pilgrim, and there is also no difference between the words of marriage, or the word of pleasure, to say the married person: "Look after yourself, and say: 'Your luggage is my soul without a wali and two witnesses. If it was permissible for the necessity mentioned in the steel.

If he does not mention the term in the form of the contract, but intends to keep it with him for a period, it is also invalid. It is not valid unless he intends that he is his wife as long as he is alive, and if the condition of her divorce after a period is unknown, then it is not valid. The judge between them and none of them and entered by the same dowry ideals. Some of them say that the marriage is corrupt after entering the dowry, which is called whether it is a fun or other marriage. And the solution to the absolute three. And do not inherit and not called his wife, but the descent is inherited and inherits the child and inherits because the abomination and the suspicion of the child, but they deserve the penalty of Taizir without limit.

Tap

They said: The pleasure marriage is to say to a woman who is free of impediments: I enjoy you or do you yourself for days or ten days, so you say to him: You accept and so if he says to her: Take care of yourself and do not mention a period if the person relying on the mention of the word of pleasure if she said to him: The money is said to have been a fun marriage and it is said that the proof of the fact that the word of pleasure is suspended on the transfer and there is no valid evidence that the fun marriage was in terms of the word of pleasure and so some of them said that there is no difference between him and temporary marriage Vlnkah if restricted time or was the word of pleasure without witnesses was a marriage Fun as mentioned Hanbala is invalid anyway, if he said to her: I married you a month. Or a year or he said: Do yourself and did not mention the duration of the said: I accepted the marriage was void whether in front of witnesses or not and whether the time is long or short. However, if he is mentioned for a long period, they do not usually live there, as if he said to her: "I have married you until the hour has come." In this case it was not temporary. But it is intended to be obsolete. Filgo condition. The contract is true. If it is intended to be extended for a period of time and is not permitted to do so, then the contract is valid. As if he marries her to divorce her tomorrow or after a month, the contract is valid and the condition is stipulated. The requirement of divorce is not an impediment to the contract, as it is presented in the question of the analyst. Then it is not permissible for her to divorce or pay zakaah, and not to inherit from one of his companions. There is nothing for her if she leaves her before entering. After that, she has the mahr that is presented in the marriage ribbons of dowry.

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