A Comparative Study of the Verse of Istimtaa (Temporary Marriage) in the View of Sunni and Shia Commentators

The legitimacy of "mutah" or temporary marriage is one of the controversial issues of marriage laws among Shia and Sunni scholars. Over the history, the Twelver Shia scholars have declared and insisted on the legitimacy of temporary marriage while Sunni scholars believe in the abrogation and temporary legitimacy of this divine decree. Sunni and Shia scholars and commentator's most important reason for the legitimacy of temporary marriage is the verse 24 of the Chapter 4 (Al-Nisa', The Women) known as the verse of Istimtaa (temporary marriage). Commentators can be divided into three groups regarding the interpretation of the verse: those who believe that the verse signifies the permanent legitimacy of temporary marriage (Shia commentators); those who believe that the verse signifies its temporary legitimacy; and a few Sunni commentators who deny such a signification and predicate its legitimacy on tradition. The last group also argues for the legitimacy of temporary marriage, that is, they accept such a signification of the verse and believe that the legitimacy of the temporary marriage is time-specific and abrogated by other verses and traditions. Using a descriptive and content- analysis method, the present paper reviews the view and arguments of each group. The research findings indicate that proposed arguments are centered on the terms used in the verse and their own intended interpretations. Most commentators hold that the words used in the verse such as "Istimtaa'" signifies temporary marriage literally and idiomatically, and denying such a meaning necessitates something contrary to permanent marriage. There is unanimity on the legitimacy of temporary marriage in early Islam, but Sunni commentators disagree on how it has been forbidden, that is, whether it is abrogated by the Quran and tradition or by Caliph, which results in the limited legitimacy of temporary marriage. The abrogation of decree of temporary marriage is not acceptable regarding other relevant contradictory verses and traditions. Interpretive traditions narrated by Infallible Imams, which explain divine decrees, are the most useful evidence for Shia commentators to interpret the decree of temporary marriage, which are unfortunately neglected by other denominations.