Determining the Framework for the Legitimacy of Temporary Marriage and a Critical Analysis of Narrations Concerning Its Prohibition and Encouragement
A notable ruling within the Shia tradition is the acceptance of temporary marriage, known as "Mut'ah." The Kutub al-Arba‘a, (the four primary Shia hadith collections) contain around 137 narrations (excluding duplicates/ repetitions) that support the validity of Mut'ah, referencing verse 24 of Surah An-Nisa and detailing fifteen legal stipulations related to it. However, there are 11 disputed narrations that reflect two opposing perspectives from the infallible Imams (AS): one that encourages and another that discourages the practice of Mut'ah. Among these, five narrations advocate for it, while another five advise against it, and one narration outright prohibits it. These conflicting accounts have historically led to debates, prompting some scholars to classify temporary marriage as makruh (discouraged) under certain conditions, which has created significant confusion for many individuals. This research seeks to elucidate the position of the infallible Imams (PBUH) on Mut'ah by thoroughly examining these specific narrations from the Kutub al-Arba‘a. The analysis is divided into two segments: Isnad (chain of transmission) analysis, which scrutinizes the reliability of the narrators, the integrity of the transmission chains, and the trustworthiness of the sources; and Matn (content) analysis, which evaluates the textual coherence of the narrations using recognized hadith criticism techniques. The results indicate that, despite the weaknesses found in both isnad and matn among the narrations that support and oppose Mut'ah, a general framework for its permissibility can be established. This framework delineates the conditions under which Mut'ah is permissible and those under which it is not. A structural analysis of these narrations suggests that the Imams (AS) were providing a coherent framework regarding this matter.
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