Common Marriage

Common Marriage


Question :

What is common marriage (Az-Zawaj Al-'Urfi)? And does it differ in any way from the well known ordinary marriage?


Answer:

Common marriage is a term used by some to describe temporary marriage, which is known as Nikah Al-Mut'ah and it is not permissible.

This is when the duration of the marriage is fixed at the time of making the contract, by their saying: "We will give her in marriage to you for a period of one year, or half a year and after that, we will divorce her from you, or take her away." This is Nikah Al-Mutah and it is not permissible. It is only done by the Shiites, who depend upon old, abrogated Hadiths. The ruling is that it was outlawed and abrogated, therefore it is not permissible. As for ordinary marriage, it is when a man marries a woman with the desire to remain married, and he pays her dowry in full, even if he grants her a Khud after that, or divorces her immediately and there is no objection to this.


Source:
Ibn Jibreen
Fatawa Islamiyah, Vol. 5 Pages 404-405

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