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Chapter twenty-seven » The marriage contract → ← Chapter twenty-six » Gratuitous Loan (ʿĀriyah)

Chapter twenty-seven » Marriage

By means of a marriage contract, a man and woman become lawful (ḥalāl) for each other. A marriage contract is of two types: permanent (dāʾim) and temporary (munqaṭiʿ) [also known as ‘mutʿah’]. A permanent marriage contract is one in which no period of time is specified for the marriage. A woman who is married in such a contract is called a ‘permanent wife’ (dāʾimah). A temporary marriage contract is one in which a period of time is specified for the marriage, such as a marriage contract that is concluded with a woman for a period of one hour, one day, one month, one year, or longer. However, the period specified for such a marriage must not exceed the lifespan of the husband and wife, or one of them, otherwise the contract is invalid (bāṭil). A woman who is married in such a contract is called a ‘temporary wife’ (mutʿah).(1)

(1) In the Persian original, the terms ‘mutʿah’ and ‘ṣīghah’ are used to refer to both temporary marriage and a temporary wife. In his Arabic work Minhāj al-Ṣāliḥīn, al-Sayyid al-Sistani refers to a temporary wife as ‘mutʿah’, ‘al-mutamattaʿ bihā’, and ‘munqaṭiʿah’ (vol. 3, p. 16).
Chapter twenty-seven » The marriage contract → ← Chapter twenty-six » Gratuitous Loan (ʿĀriyah)
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