Introduction

The question of pleasure marriage (nikâh al-mut’a), more discreetly called “ temporary marriage ”, has divided the Muslim world since its inception. In its most basic definition, it is a “financial contract between an unmarried man and woman that makes sexual relations lawful for a fixed period of time in advance and in exchange for a compensation owed to the woman”¹ . This practice, rooted in pre-Islamic customs, is mentioned in a verse of the Qur'an whose elliptical style has, however, challenged Muslim commentators. Furthermore, according to hadith collections, Muhammad allegedly authorized his companions to contract this type of marriage, and some sources report that he himself was tempted by these ephemeral unions. What is certain, in any case, is that temporary marriage was commonly accepted and practiced during the first decades of Islam, even after the Prophet’s death. However, what was once an established custom gradually became a taboo, until its definitive prohibition in Sunni jurisprudence. Indeed, wasn’t it a disguised means of resorting to prostitution? Regardless, the practice found its way in Shiite Islam, where scholars even openly encouraged it. In Iran, the Islamic regime promotes ephemeral marriage contracts, whose durations can range – depending on the desire – from one hour to 99 years !

Temporary marriage is closely linked to another lesser-known and more mysterious practice: mut’a al-hajj or “ pleasure of pilgrimage ”. Until the 19^th century, prostitution was common in Mecca, where prostitutes even had their own district. During the pilgrimage, many visitors sought their services by entering into temporary marriages. This phenomenon may seem incongruous: how can one indulge in carnal pleasures at such a solemn moment? Yet, it is a tradition that Islamic sources trace back to the Prophet himself. Islamic texts show that the early Muslims, beginning with Muhammad’s companions, customarily ended the pilgrimage with sexual relations. The “ pleasure of pilgrimage ” is thus mentioned in numerous accounts and generated considerable controversy, ultimately leading to its theoretical prohibition.

This article results from research and compilation of ancient sources and testimonies and is divided into two parts. In the first part, we will explore the history of temporary marriage in Islam, from its pre-Islamic roots to contemporary practice in certain countries. In the second part, we will focus on the origins of the curious custom called “ pleasure of pilgrimage ”.

Ancient roots

Before Islam, various forms of temporary marriage existed in many cultures. The practice has been recorded among the Inuit, in Tibet, and among certain Sub-Saharan African tribes² . For Plato, temporary marriage was also accepted among the elite of society, which the philosopher refers to as “ guardians ”. In Judaism, permissiveness towards temporary marriage (called kiddushin lezman) has been a topic of lively debate among rabbis. As such, the Babylonian Talmud contains multiple opinions both favoring and condemning the practice³ . Later Jewish authors living in lands controlled by Islam appeared to be less inclined to accept temporary marriage, which was considered contrary to Jewish sexual ethics and equated with simple prostitution⁴ . In pre-Islamic Arabia, finally, this type of ephemeral union seems to have existed, although the data is unfortunately too limited for definitive conclusions. Roman historian Ammianus Marcellinus (d. 391), who accompanied Emperor Julian on a campaign in Mesopotamia, provides an interesting account regarding the Arabs he encountered during his stay:

Their lives are always in perpetual movement, and they have greedy wives, engaged by a temporary contract. But for a semblance of marriage, the future wife, as a dowry, offers her husband a lance and a tent, with the right to leave him after a set period, if she chooses...⁵

Although the description is very allusive, the practice appears to relate to a form of ephemeral union. In any case, this account echoes a story found in the Sîra, the biography of Muhammad. We read in the account of Ibn Hisham (d. 833) that in pre-Islamic times, a woman named Salmā bint ’Amr, living in Yathrib, only agreed to marry on the condition that she could end the marriage whenever she wished. She reportedly married temporarily Hâshim, father of Abd al-Muttalib, who was Muhammad’s grandfather⁶ . Furthermore, did the Prophet’s parents, ’Abd Allāh and Amina, resort to this type of marriage? According to Islamic tradition, they conceived Muhammad on their wedding day and reportedly had no relations afterward. As Hela Ouardi notes:

they apparently never lived together. Is this a so-called “ temporary ” marriage […] ? Hence, it is understandable why the Prophet of Islam would insist suspiciously on the regularity of the bond between his parents: whenever rumors about his origins reached his ears, he would become furious and loudly proclaim that he was not born from a sifâh, meaning a “ free union ”⁷ .

Thus, Muhammad might be the result of a temporary marriage, not only through his paternal grandparents but perhaps more directly via his parents, about whom Islamic tradition, usually generous with narrative details, remains curiously silent.

A Qur’anic prescription?

As the primary source of Muslim law, the Qur’an is not silent on the matter of temporary marriage. Surah 4, “ Women ”, devotes a lengthy passage to marital law. Verses 20–23 list women whom a man cannot marry. Verse 24 seems to introduce a concession by permitting sexual relations with slave concubines before mentioning another type of union. We highlight the passage that catches our attention:

and, among women, those who have husbands, unless they are your property slaves. A prescription of Allah upon you! Aside from that, it is permitted for you to seek them out by using your possessions and contracting marriage, not in lewdness. And as you enjoy them, give them their dowry as a due. There is no sin for you if you agree on any terms among yourselves after fixing the dowry (translation by M. Hamidullah).

This passage has generated significant divergence among scholars, as its meaning is not immediately clear. It is said that Mujâhid, a second-generation Muslim (from the “ Successors ”), considered to be a specialist in interpreting the Qur’an, even declared: “ If I knew anyone who could explain this verse to me, I would go and learn from him ”⁸ . The verse has, in fact, caused confusion among Muslim commentators. Al-Tabari (d. 923) mentions in his Tafsir many different interpretations, which are too numerous to detail. However, most commentators tacitly accept that the passage refers to temporary marriage.

Several arguments support this interpretation. First, the verse uses the verb istamtaʿtum, which relates to the notion of pleasure or enjoyment: “ Enjoy (your possessions) in your homes for three days ” (11: 65); “ Eat and enjoy a little ” (77: 46), etc. Here, the verse clearly refers to enjoying women with whom the union is contracted: “ as you enjoy them ” (Hamidullah’s translation); “ those of the women from whom you have taken pleasure ” (Blachère’s translation). Joseph Witztum notes that the root of the verb can also denote a fixed period of time in advance⁹ , which reinforces the idea of a temporary union. Second, whereas in a traditional marriage the husband must pay a fardh (dowry) to his wife, here there is talk of paying an ajran (“ wage ”). Moreover, this “ wage ” is paid after consummation of the marriage, not before, as in a conventional marriage¹⁰ .

Finally, Islamic sources, both Sunni and Shiite, confirm the existence of a variant in certain Qur’anic recensions – notably versions attributed to Abdullah ibn Mas’ud and Ubayy ibn Ka’b¹¹ . In these versions, instead of reading “ Those of the women from whom you have taken pleasure ”, we read “ Those of the women you have taken in temporary marriage until a fixed term ”. Here, temporary marriage is explicitly mentioned. The question then arises: which version is the original? Currently, it is impossible to give a definitive answer. However, it is reasonable to suppose that the second version, which explicitly states temporary marriage, is the original, later sanitized by redactors to appease criticisms. Based on these elements, it appears likely that the verse refers to temporary marriage. As already mentioned, this is also the interpretation of Shiite commentators and several Sunni authorities. Does this mean that the Qur’an authorizes prostitution? In fact, the boundary between temporary marriage and prostitution is very thin. In both cases, it involves paid sexual relations within an ephemeral union. Ultimately, the Qur’an provides a legal framework – that of marriage sanctioned by the divine – for an act that closely resembles prostitution¹² .

The temporary marriage in hadith

Temporary marriage features prominently in most hadith collections, both Sunni and Shiite. All agree that the practice was legal and permitted during Muhammad’s time. The point of contention between Sunnis and Shiites lies elsewhere: while Sunnis assert that the Prophet himself ended temporary marriage, Shiites attribute its prohibition to Caliph ‘Umar. As we will see, Sunni hadith texts present remarkable contradictions which sow doubt.

With the Prophet’s blessing

Let us first examine hadiths that authorize temporary marriage. Many exist even within Sunni tradition. Some narratives suggest that Muhammad himself engaged in such marriages. According to a hadith, Caliph ‘Umar sought to ban temporary marriage, to which Ali replied: “ Why do you want to prohibit something the Prophet himself experienced? ”¹³ . Furthermore, in al-Tabari’s Chronicles, there is a story where Muhammad married a woman named Aliya bint Zabyan, offering her gifts before seemingly parting ways shortly after¹⁴ . Was this a conventional short-term marriage or, more specifically, a temporary marriage? In truth, the line between the two is so thin that ambiguity is inevitable. Additionally, “some traditions state that the Prophet contracted a pleasure union with a woman from B. Bakr b. Kilâb,” notes Maurice Gaudefroy-Demombynes¹⁵ .

Regardless of the Prophet’s personal affairs, other hadiths are more explicit that he authorized temporary marriage. Abdullah ibn Mas’ud reports the following tradition:

We were on expedition with the Prophet and had no wives. We said: Should we not castrate ourselves? The Prophet forbade us, then permitted us to marry women for a reward for a certain duration¹⁶ .

Another hadith states that Jâbir ibn Abdullah, a companion of the Prophet, said:

We used to practice temporary marriage in exchange for a handful of dates and wheat for a few days during the time of the Messenger of Allah and Abu Bakr, then ’Umar ibn al-Khattâb abolished it¹⁷ .

This shows that temporary marriage was common and accepted throughout Muhammad’s mission, and its abolition is attributed to the second caliph, ‘Umar. We will revisit this shortly. Rabi’ bin Sabra reports that his father complained to the Prophet: “O Messenger of Allah, celibacy is hard for us.” The Prophet allegedly responded: “Marry temporarily with these women”¹⁸ .

The times of prohibition

The Sunni tradition also records several hadiths attributing to Muhammad or others after him the prohibition of temporary marriage. Indeed, there is disagreement among scholars about when this prohibition was instituted, or even who made the decision. Some sources attribute it to the Prophet, claiming he ended the practice after the Battle of Khaybar¹⁹ , or Hunayn²⁰ , or after the conquest of Mecca, or during the farewell pilgrimage²¹ , etc. To reconcile these conflicting accounts, Muslim traditionists claim that Muhammad allowed then prohibited the practice multiple times. In his Sharh sahih Muslim, commentator al-Nawawî (d. 1277) explains that temporary marriage was first prohibited at Khaybar, then allowed again during the conquest of Mecca for three days, and subsequently forbidden permanently²² . Al-Qurtubi (d. 1273) states in his Tafsîr:

Ibn al-Arabi says that mut’a marriage is one of the oddities of shari’a, because it was permitted at the beginning of Islam, then prohibited on the day of Khaybar, then allowed during the expedition of Awtas, then prohibited again, and so it remained since. Others, among those who compiled hadiths on this subject, say that such marriage was permitted and prohibited seven times²³ .

However, as we have seen, some accounts claim that temporary marriage was practiced not only in Muhammad’s time but also during that of his first successor, Abû Bakr. The decision to prohibit it was supposedly made only by the second caliph, ’Umar. To complicate matters, other accounts report that the prohibition took place after ’Umar’s caliphate. In a hadith, Jâbir states:

We used to practice temporary marriage during the time of the Messenger of Allah, Abu Bakr, and ’Umar, until the end of ’Umar’s caliphate²⁴ . This brief overview of traditions on temporary marriage highlights significant contradictions. Was the prohibition instituted by the Prophet himself, ’Umar, or later authorities? Could it rather be that the prohibition was enacted retrospectively by jurists who attributed their opinions to earlier authorities? The question remains entirely open²⁵ . Ibn ‘Abbās, cousin of the Prophet, is portrayed as one of the most fervent defenders of temporary marriage. Some sources suggest he repented near the end of his life, which is doubtful, and others claim he advocated it only in cases of necessity, like pork meat becoming lawful in times of famine²⁷ . Nonetheless, the position of the man nicknamed “ the ocean ” because of his vast knowledge of the Qur’an²⁸ has inevitably caused embarrassment. The following story illustrates this well:

ʿAbd Allāh b. ʿUmar arrived, and he was told that Ibn ‘Abbās had declared that temporary marriage was permitted. Then Ibn ‘Umar said: “Praise be to God, I do not believe that Ibn ‘Abbās would say that.” They said: “But yes, indeed. He permits it.” Ibn ‘Umar replied: “Did Ibn ‘Abbās not still be a young boy during the lifetime of the Messenger of Allah, may peace be upon him?” Then he added: “The Messenger of Allah forbade it, and we are not fornicators.”²⁹

Whether the story describes a historical scene or a literary fiction is of little importance. What is interesting to note is that Ibn ‘Abbās’s authority here is dismissed outright because of his young age. Was he only about ten years old at the Prophet’s death? The reader is invited to a brief digression to highlight a certain “double standard” regarding Ibn ‘Abbās. While he is rejected as an authority when his opinion diverges from what will become Sunni orthodoxy, Sunni jurists and commentators readily turn to him for Qur’anic exegesis, with no apparent issue about his youth! A final point to note: at the end of the story, ’Umar exclaims: “We are not fornicators.” Should we interpret this as meaning that the companions were fornicators when practicing temporary marriage under the Prophet’s encouragement?

Among other advocates of temporary marriage in Sunni Islam, we can cite the cases of Zufar ibn Hadhayl and ’Abd al-Malik ibn Jurayj, two prominent jurists of early Islam, who also professed the validity of temporary marriage³⁰ . Ibn Jurayj not only taught it but was also a major experimenter, reportedly engaging in some sixty such unions. When of advanced age, he reportedly used sesame oil as an aphrodisiac³¹ . Malik ibn Anas (d. 795), the founder of the Maliki school, was said by some sources to favor temporary marriage³² . The Confident Malik’s contemporary al-Shafi’i (d. 820) held a more ambiguous stance. While considering temporary marriage as illicit, he also acknowledged a form where the parties had an inward intention (niyya) to do it for a limited time, provided this intention was not explicitly stated at the time of marriage³³ . In practice, this resembles a “disguised” temporary marriage.

Ultimately, the opponents of it prevailed. Nonetheless, an ambiguity remains, leaving the practice neither fully permitted nor fully prohibited. As Roshan Iqbal notes:

The decision to ban mutʿa was neither absolute nor certain. It is well known that Sunni scholars do not believe that corporal punishments should be inflicted on anyone practicing mutʿa. Scholars explain their position by citing a lack of certainty regarding the status of mutʿa as a prohibited act: the four Sunni schools agree that the punishment for someone contracting mutʿa is not the same as for zina (fornication), and that the prescribed penalty for zina is not applied to mutʿa because of the ambiguity surrounding its status³⁴ .

In truth, the ambiguity regarding the status of temporary marriage is such that the practice continued more or less openly within parts of Sunni Islam. Umayyad Caliph Muʿāwiya is said to have engaged in temporary marriage with a woman from Ta’if³⁵ . Ibn Qayyim al-Jawziyya (d. 1350) reports that Caliph ’Abd al-Malik advised those wanting to engage in temporary marriage to choose a Berber (barbariyya)³⁶ . There is an indication that by the late 7^th century, temporary marriage was not only tolerated but had the approval of high religious authorities. Furthermore, in the 9^th century, the Abbasid caliph al-Ma’mûn (“ the Trustworthy ”) approved temporary marriage, just as, seven centuries later, Mughal Emperor Jalayuddin Muhammad Akbar³⁷ . Even in the 19^th century, temporary marriage was widely tolerated, including in Mecca. The Orientalist Snouck Hurgronje notes the existence of a real system, with tariffs based on days, and ironically remarks that “ the mut’a that Sunnis condemn among heretics was secretly introduced by Sunnis themselves ”³⁸ . We will return to this in detail in our article on “ pleasure of pilgrimage ”. At the same time, in Egypt, men could marry prostitutes via temporary marriage contracts to escape punishments for fornication³⁹ .

Shiite enthusiasm

If temporary marriage is banned in Sunni Islam, it is, on the contrary, highly praised among Shiites and serves as a marker of identity for them. A hadith reports that Ja’far al-Sadiq, the sixth imam, said that “ he who does not recognize temporary marriage as an authorized matter is not one of us ”. According to Shiite scholars, the practice was abrogated by ’Umar, whose authority they do not recognize. It is even said that ‘Umar was publicly disavowed by ‘Ali, who is attributed with the words: “ if ’Umar had not forbidden temporary marriage, only the miserable would succumb to fornication ”. Interestingly, this hadith is also found in Sunni texts⁴⁰ .

Temporary marriage in the modern era

In the modern era, temporary marriage remains practiced in many parts of the Muslim world. This is especially true in Iran, a Shiite country, where the practice is commonly called “ sigheh ”. Iranian temporary marriages, which can last from one hour to 99 years, often attract the attention of Western media⁴¹ . Although today the practice is widespread, before the 1979 Islamic Revolution, it was little known among Iranians and viewed with disdain. In a study published ten years after the revolution, anthropologist Shahla Haeri, herself the granddaughter of an Ayatollah, explains that the Islamic regime launched a propaganda campaign in favor of the practice:

The concept of temporary marriage is widely disseminated among the public through various channels such as mosques, religious gatherings, schools, newspapers, books, as well as radio and television. The regime educates the people about its form, function, and moral superiority over the “ decadent Western style ” of “ free ” sexual relations⁴² .

Thus, the regime of the mullahs presents temporary marriage as the “ brilliant law ” of Islam to satisfy men’s sexual needs without falling into the sin of fornication⁴³ . However, the promotion of temporary marriage also aims at another objective: to counter Iran’s demographic decline, especially after the Iran-Iraq war of the 1980s⁴⁴ . Although there are no official data on this subject, some studies estimate that about 1 in 10 Iranians have already resorted to temporary marriage, and 1 in 4 claim to be inclined to do so⁴⁵ .

Outside Iran, the practice is also observed among Shiite communities in Iraq and Lebanon. In India, it has led to a real human trafficking issue. Roshan Iqbal explains that many men from the Arab Gulf resort to it during their travels. The typical “ married woman ” profile is that of a young girl exploited by her parents or an orphan. This vulnerable profile fosters all kinds of abuse. Iqbal highlights that it is not uncommon for young girls to be forcibly taken to their “ husband’s ” country, where they are “ reduced to both sexual and domestic servitude ”⁴⁶ . Cases of temporary marriage have also been reported among Muslim diasporas in the United Kingdom and the United States⁴⁷ . Some Sunni scholars adopt a more permissive stance towards temporary marriage:

Since the famous fatwa of Mahmûd Shaltût (July 6, 1959) recognizing the validity of Shiite schools of law for Sunnis, making it permissible for them to refer to them, the practice of temporary marriage, n.d.l.r, has even gained recognition in Sunni circles, seen as a shariah-compliant alternative to prostitution on the one hand, and to concubinage or casual sexual relations among unmarried young men and women on the other⁴⁸ .