2h. Prostitution in Islam

Prostitution = Mut’a (Temporary Marriage)

Islam seems to allow prostitution under the name “temporary marriage”? It is called Nikah Mut’a, where a fixed-time arrangement and payment are both agreed upon in advance between the man and the woman. The “marriage” automatically dissolves once the duration expires. It is nothing but a form of prostitution legalised by Allah in the Qur’an. Sunni Muslims think that this verse is abrogated by the hadith because they believe that it was only praticed at Muhammad’s time, whereas shias don’t believe it’s abrogated and still practice it today.

Sunni Ulama confirm that this verse (4:24) refers to Mut’ah. As proof we have relied on the following Sunni texts:
Tafsir Kashaf, Volume 1 page 20- commentary of Nisa
Tafsir Ibn Kathir, Volume 1 page 84
Tafsir Tabari, page 9 part 5
Tafsir Fatah ul Qadeer, page 14
Tafsir Gharaib Qur’an, page 2 part 5
Tafsir Qurtubi, Volume 5 page 60
Tafsir Mu’alim al Tanzeel, Volume 1 page 63
Tafsir Khazan, Volume 1 page 63 Ayat Mut’ah
Tafsir Kabeer, Volume 3 page 95
Tafsir Durr al-Manthur, Volume 2 page 140

Qur’an 4:24 “And all married women (are forbidden unto you to marry) except those whom your right hands possess (by Allah’s decree in the battle against infidels). It is a written legislation of Allah unto you; and lawful for you are (all women) besides those that you may seek (them) by means of your wealth (as dower) taking them into marriage and not committing fornication. Then as to those of whom you seek content (by temporary marriage), give them their dowries as a duty; and there is no blame on you in whatever you mutually agree after the duty. Verily Allah is All-Knowing, All-Wise.” (Sayyed Abbas Sadr-Ameli)

Q4:24 “And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise.” (Umm Muhammad)

Q4:24 “Also married women, except those whom you own as slaves. Such is the decree of God. All women other than these are lawful for you, provided you court them with your wealth in modest conduct, not in fornication. Give them their dowry for the enjoyment you have had of them as a duty; but it shall be no offence for you to make any other agreement among yourselves after you have fulfilled your duty. Surely God is all–knowing and wise.” (N J Dawood)

Q4:24 “and wedded women, save what your right hands own. So God prescribes for you. Lawful for you, beyond all that, is that you may seek, using your wealth, in wedlock and not in licence. Such wives as you enjoy thereby, give them their wages apportionate; it is no fault in you in your agreeing together, after the due apportionate. God is All-knowing, All-wise.” (A J Arberry)

Q5:87 “O you who believe, do not make unlawful the good things that God has made lawful to you, and do not aggress; God does not love the aggressors.” (The Monotheist Group 2013)

Q5:87 “O you who believe! Do not make unlawful the good things that Allah has made lawful for you, but do not overdo (anything or be excessive): For Allah does not love those who overdo (as a habit).” (Syed V. Ahamed)

Q24:33 “Let those who cannot find someone to marry maintain chastity until God makes them rich through His favors. Let the slaves who want to buy their freedom have an agreement with you in writing if you find them to be virtuous. Give them money out of God’s property which He has given to you. Do not force your girls into prostitution to make money if they want to be chaste. If they have been compelled to do so, God will be All-merciful and All-forgiving to them.”

-From the way this passage is worded one can easily conclude that prostitution is only a sin when the slave girl desires chastity. Otherwise, if she does not desire to be chaste then it is okay for her to prostitute herself for gain. This interpretation makes sense in light of the practice of temporary marriages.

Sahih Bukhari – Volume 6, Book 60, Hadith 139
Narrated Abdullah: We used to participate in the holy wars carried on by the Prophet and we had no women (wives) with us. So we said (to the Prophet). “Shall we castrate ourselves?” But the Prophet forbade us to do that and thenceforth he allowed us to marry a woman (temporarily) by giving her even a garment, and then he recited: “O you who believe! Do not make unlawful the good things which Allah has made lawful for you.”

Sahih Bukhari – Volume 7, Book 62, Hadith 52
Narrated Jabir bin ‘Abdullah and Salama bin Al-Akwa’: While we were in an army, Allah’s Apostle came to us and said, “You have been allowed to do the Mut’a (marriage), so do it.” Salama bin Al-Akwa’ said: Allah’s Apostle’s said, “If a man and a woman agree (to marry temporarily), their marriage should last for three nights, and if they like to continue, they can do so; and if they want to separate, they can do so.” I do not know whether that was only for us or for all the people in general. Abu Abdullah (Bukhari) said: ‘Ali made it clear that the Prophet said, “The Mut’a marriage has been cancelled (made unlawful).”

Sahih Bukhari – Volume 7, Book 62, Hadith 130
Narrated Abdullah: We used to participate in the holy battles led by Allah’s Apostle and we had nothing (no wives) with us. So we said, “Shall we get ourselves castrated?” He forbade us that and then allowed us to marry women with a temporary contract and recited to us: — ‘O you who believe! Make not unlawful the good things which Allah has made lawful for you, but commit no transgression.’ (5.87)

Sahih Muslim – Book 8, Hadith 3243
Abdullah (b. Mas’ud) reported: We were on an expedition with Allah’s Messenger and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so He then granted us permission that we should contract temporary marriage for a stipulated period giving her a garment, and ‘Abdullah then recited this verse: ‘Those who believe do not make unlawful the good things which Allah has made lawful for you, and do not transgress. Allah does not like trangressers” (al-Qur’an, v. 87).

Sahih Muslim – Book 8, Hadith 3255
Sabra al-Juhanni reported on the authority of his father that while he was with Allah’s Messenger (may peace be upon hm) he said: 0 people, I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off, and do not take back anything you have given to then (as dower).

Sahih Bukhari – Volume 6, Book 60, Hadith 43
Narrated ‘Imran bin Husain: The Verse of Hajj-at-Tamatu was revealed in Allah’s Book, so we performed it with Allah’s Apostle, and nothing was revealed in Qur’an to make it illegal, nor did the Prophet prohibit it till he died.

Sahih Bukhari – Volume 5, Book 59, Hadith 527
Narrated `Ali bin Abi Talib: On the day of Khaibar, Allah’s Messenger forbade the Mut’a (i.e. temporary marriage) and the eating of donkey-meat.

Sahih Muslim – Book 8, Hadith 3259
Rabi’ b. Sabra reported on the authority of his father that Allah’s Apostle prohibited the contracting of temporary marriage.

Sunan Abu Dawud – Book 11, Hadith 2068
Rabi’ b. Saburah reported on the authority of his father: The Messenger of Allah prohibited temporary marriage with women.

Sunan Ibn Majah – Volume 3, Book 9, Hadith 1963
It was narrated that Ibn ‘Umar said: “When ‘Umar bin Khattab was appointed caliph, he addressed the people and said: ‘The Messenger of Allah permitted temporary marriage for us three times, then he forbade it. By Allah, If I hear of any married person entering a temporary marriage, I will stone him to death, unless he can bring me four witnesses who will testify that the Messenger of Allah, allowed it after he forbade it’.”

Muwatta Malik – Book 28, Hadith 41
Yahya related to me from Malik from Ibn Shihab from Abdullah and Hasan, the sons of Muhammad ibn Ali ibn Abi Talib from their ather, mayAllah be pleased with him, that the Messenger of Allah, may Allah bless him and grant him peace, forbade temporary marriage with women and the flesh of domestic donkeys on the Day of Khaybar.

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