The ruling on temporary marriage differs from the jurisprudential point of view between Shiite and Sunni jurists.
Shiite jurists consider it one of the necessities of jurisprudence - and a jurist does not deny it - but considers it a recommended and emphasized thing.
In contrast, the vast majority of Sunni scholars oppose temporary marriage and believe that this ruling was abolished at the end of the life of the Holy Prophet (PBUH).
But the Shiites consider this ruling to have been legislated during the time of the Prophet (PBUH) and do not believe in its abolition.
The Shiites consider the annulment of this ruling by the second caliph, which the Sunnis also believe in.
Umar ibn al-Khattab, the second caliph, forbade two mut'ahs, one for pleasure in Hajj and the other for mut'ah in marriage.
But there are authentic narrations from Shiite Imams that emphasize temporary marriage and some have considered it as a reward, so that Shiites have no doubt about it. According to Shiite jurisprudence, temporary marriage has rules and conditions. Alimony, which is obligatory in a permanent marriage, is not the responsibility of the man in a temporary marriage, even if it is long-term, and the manner and quality of the payment of alimony is based on the agreement of the parties. Of course, in child support, there is no difference between temporary and permanent marriage, because the child belongs to the father and the father is obliged to provide for him.
Temporary marriage In the Qur'an, the clear reason for the legitimacy of mut'ah is verse 24 of Surah An-Nisa ':
«فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنّ قآتوهُنّ أجُوُرَهُنّ فَرِیْضَهً
So whenever you benefit from those women, pay their wages (which is a definite dowry)
The words of this verse clearly testify that it is included in the case of temporary marriage because:
First, the word "enjoyment" is used, which apparently refers to "temporary marriage." If permanent marriage was meant, it needed to be symmetrical.
Secondly: The word "ojurahun" has been used to mean "their wages", which is a clear proof of mut'ah, because in the case of permanent marriage, words such as "dowry" and "sincerity" are used.
Third: Shiite and Sunni commentators believe that the above verse was revealed about mut'ah marriage.
Jalal al-Din Suyuti quotes Ibn Jarir and Sadi in his book Tafsir "Dar al-Manthur" that the above verse is about mut'ah. (Dar al-Manthur, vol. 2, p. 140, below the mentioned verse)
Also, Abu Ja'far Muhammad ibn Jarir Tabari in his commentary quotes Sadi, Mujahid and Ibn Abbas that this verse is about temporary marriage. (Comprehensive statement in the interpretation of the Qur'an, part 5, p. 9)
Fourth: The owners of Sahah and Masnad and narration societies have also accepted this fact For example, Muslim ibn Hajjaj narrates in his Sahih, quoting Jabir ibn Abdullah and Salma ibn Akwa, that they said:
«خرج علینا منادى رسول الله (علیه السلام) فقال انَّ رسول الله قد أذن لکم أن تستمتعوا یعنى متعه النِّساء
"The Messenger of God granted you permission to enjoy (benefit from women), that is, the marriage of women." (Sahih Muslim, Volume 4, Page 130, Egypt)
The narrations of Sahah and Masnad in this regard are beyond the scope of this article. Therefore, the principle of mut'ah legislation in the early days of Islam and in the age of prophethood is accepted by Islamic scholars and commentators. See for example:
Sahih Bukhari, Bab Tamta,
Musnad Ahmad, vol. 4, p. 436 and vol. 3, p. 356, 3)
المطّا (مالک), ج ۲ ، ص 30 ، ۴)
Sunan Bayhaqi, vol. 7, pp. 306, 5)
Tafsir Tabari, vol. 5, pp. 9, 6)
Nahaya Ibn Athir, vol. 2, pp. 249, 7)
History of Ibn Khalqan, vol. 1, p. 359,
Ahkam al Qur'an (Jasas), vol. 2, pp. 178, 10)
Mohazerat Ragheb , vol. 2, p. 94,
Al-Jami 'al-Kabir (Suyuti), vol. 8, p. 293, 12) Fath al-Bari Ibn Hajar, vol. 9, p. 141