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Temporary nikaah

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I read in a fatwa according to Mufti Taqi Uthmani (D.B.) if there is a strong possibility of falling prey to Zinaa and fornication then it will be permissible to marry a woman on a temporary basis with the condition that no mention of time is made in the actual enacting of the Nikaah. Temporary Nikaah is not at all encouraged by the Shari’ah therefore it will only be resorted to in dire need. My question, if one really fears zina, can both partners intend to be just a time, but in the actual nikaah no time limit is mentioned. And in really dire situation can one do nikaah with a prostitute? I know that that is a disgusting question, but I want to know what’s the ruling if one fears zina and gets depression etc, will the nikaah be valid with two witnesses?

Bismillaah

A: This is not in keeping with the sunnat marriage.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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