Question
A new fad has emerged in the Muslim community under the guise of Nikah. It's called "no strings" Nikah. This is usually a situation where a divorcee with kids who earns her own money, or for any other reason, wants to marry only for fulfilment of sexual desires, which also normally suits the man. The "couple" won't live together & there will be no nafaqah on his part. Am I right in thinking this is prostitution or a form of mut'ah that has been given the label of Nikah, or is there some exceptional grounds where this sort of agreement can occur and be considered as valid in Islam?
Answer
Your understanding is flawed. It is not correct. A Nikah performed in terms of the Shariah may not be labelled 'prostitution'. It is not mu'tah. A mu'tah is a temporary union. The time is fixed. In the type of agreement you have explained, the Nikah is not arranged for a fixed time period. The parties do have the right to waive their respective rights and obligations. However, despite the initial waiver, they also have the right to reinstate their rights. Although the form of marriage explained is not advised nor encouraged, it is nevertheless valid and permissible, and may not be called prostitution.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 10
- PDF page
- 3
Appears under Questions and Answers (approximate).