"Isteri Sementara": Perselisihan Pendapat Ulama Mengenai Nikah Mut'ah dalam Mazhab Sunni dan Syiah

Abstract

Acquiring a temporary wife by contracting a mut‘ah marriage is a controversial issue between the Sunnis and Shi’as. The Sunnis agree that mut‘ah was permitted by the Prophet at certain points during His lifetime, but, in the end, it was prohibited completely. Those who practiced mut‘ah marriage are considered as committing illegal intercourse (zina). In contrast, the Shi’as maintain that the Prophet did not ban the practice, and having established its legality, they go to great lengths in developing the jurisprudence of mut‘ah marriage within the imamiyah school of jurisprudence, laying out the rules and regulations in respect of mut‘ah marriage. The Shi’a generally praise the mut‘ah institution as a solution to problems that can be caused by unchecked human sexual urges and needs. Mut‘ah marriage is seen as a legitimate and progressive way to deal with the sexual nature of human beings, while preserving Islamic values. To emphasise such practices, they claimed that practicing mut‘ah marriage is a way to complement the religious commitment of a Muslim, and those who do not practice it are considered as lacking in implementing their religious duties. This claim is a stark contrast to the Sunni view who consider mut‘ah practice as zina. The purpose of this article is to trace the origin of this divergence between Sunni and Shi’a law by highlighting the sources and arguments from both sides as well as highlighting the differences in terms of ‘aqd and effects arising from mut‘ah and Islamic marriage.