I read a claim somewhere a while a go, that an opinion is related from imam Malik (radi Allahu ‘anhu) that he permitted mut’ah–do you, sidi, have any information about this?

Apparently some do make this claim (though I have not seen it within the Maliki works). This claim actually comes from some of the Hanafis upon Imam Malik! Hafith Ibn Hajr stated in his Fat-hul-Baari:

اِبْن دَقِيق الْعِيد : مَا حَكَاهُ بَعْض الْحَنَفِيَّة عَنْ مَالِك مِنْ الْجَوَاز خَطَأ , فَقَدْ بَالَغَ الْمَالِكِيَّة فِي مَنْعِ النِّكَاح الْمُؤَقَّت حَتَّى أَبْطَلُوا تَوْقِيت الْحِلّ بِسَبَبِهِ فَقَالُوا : لَوْ عَلَّقَ عَلَى وَقْت لَا بُدّ مِنْ مَجِيئِهِ وَقَعَ الطَّلَاق الْآن لِأَنَّهُ تَوْقِيت لِلْحِلِّ فَيَكُون فِي مَعْنَى نِكَاح الْمُتْعَة .

Ibn Daqiq Al-’Id said: What is reported from some of the Hanafis from Imam Malik that he permitted muta’ah is a mistake!

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Mashallah, this article really helped, as the AnsweringAnsar website has some disturbing information.

However, as mentioned in Ibn Hazm’s Muhalla, muta’ah was allowed in the time of the khilafa of Abu Bakr and Umar, and it was only at the end of Umar’s reign that Umar disallowed it. So why did Umar allow it for some time, and then prohibit it later? The Shia claim that the Prophet had never prohibited it, and that the Sunnis innovated with regards to it by following Umar.

In all of the comparative fiqh works that I have read I have not seen such an opinion reported from Imam Malik (r). In fact it seems that the four Imams have consensus upon its forbiddance.

There was however disagreement amongst the Sahabah, as well as some of the tabi’in as mentioned by Ibn Hazm in his Muhalla. Major tabi’in believed it to be permitted; Tawus, ‘Ata’ Sa’id ibn Jubayr and the rest of the jurists of Makkah. In fact, it is the Makkan school that believed muta’ah to be permitted.

There is, however, another major Mujtahid in fiqh who deemed it permitted during the era of the four Imams, and that is the Mujtahid Ibn Jarir At-Tabari. This is reported by Imam Ash-Shawkani in his Nayl Al-Awtar beneath his chapter on muta’ah.

was-Salam,
Abul Layth

JazakAllah khayran. An interesting ‘ilm piece, as always!

I read a claim somewhere a while a go, that an opinion is related from imam Malik (radi Allahu ‘anhu) that he permitted mut’ah–do you, sidi, have any information about this?

To me it is a rather suspect claim, but I thought I would throw it out there and see what a far more knowledgeable brother have to say about it.