Pre-Islamic Age of Ignorance: Urwa, may Allah have mercy on him, narrates: Aisha (may Allah be pleased with her) told me that during the Jahiliyya period, there were four types of marriage: One of them is the marriage that is practiced today (which our religion has made lawful): A man asks for a woman’s hand in marriage, pays her dowry, and then marries her. Another type of marriage was as follows: When his wife became clean from her period, he would say, “Go to so-and-so and ask him to impregnate you,” and he would send his wife to him. Until it was understood that the woman had become pregnant by that foreign man, her husband would stay away from her and have no contact with her. Once the pregnancy by that man became clear, his wife would begin marital relations with him if she wished. This type of marriage was resorted to in order to obtain a noble child. This marriage was called nikahu’l-istibza. Another type of marriage was as follows: A group of fewer than ten men would gather, enter a woman’s presence, and all of them would have intercourse with her ( ). If the woman became pregnant and gave birth, a few days after the birth, she would send word to them, summoning them all. None could refuse this invitation; they would come to the woman. The woman would say to them, “You must remember your affair. Now I have given birth. O so-and-so, this child is yours,” and she would assign the child to whichever of them she wished. The man had no right to object. The fourth type of marriage was as follows: A large number of people would gather and go to a woman. The woman could not object to any of those who came. These women were prostitutes. They would raise flags above their doors. Anyone who desired contact with these women could enter their presence. If one of them became pregnant, when she gave birth, those men would gather around the woman and call for arbitrators. If the midwivessaid which of them the child belonged to, they would include him in his lineage. The child would also be attributed to him and called his child. That person could not refuse this. 

To briefly explain these four types of marriage:

1. The marriage of the woman to the man, requested by the girl’s family,

2. Marrying a noble man with the goal of having a noble son,

3. The woman designating one of the men as the father of the child born as a result of her being with multiple men,

4. The determination of the “father” of a child born to a prostitute who had relations with many men by an authority recognized as an expert.

Islam accepted the first type of marriage, subject to certain conditions. This was called “hıtbe usulü” in the days of ignorance. In hıtbe usulü marriage, the dowry set for the bride was given to her father. No woman could benefit from this. The father did not ask for his daughter’s opinion about the man she was to marry. It was customary to marry two sisters to the same man and to force women into prostitution in exchange for money. Just as a man could marry several women, a woman could also marry more than one man. In addition, there were other types of marriage that varied according to the person’s situation and region. Their names and meanings are as follows.

Bedel: Two men agreeing to exchange their wives;

When two men mutually exchange their daughters to waive the dowry, it is called Şigar;

A free woman living as a mistress with another man is called Haden;

When a man died, his son marrying his stepmother without a dowry was called Makt;

The marriage of a man and a woman for a specific period of time was called Mut’a Nikâhı. [419]

ISLAM: Islam, which rejects all these moral degenerations, has declared with the following verses that it has destroyed injustice and oppression in this matter and replaced them with justice.

Marry those who are free from adultery and do not take secret lovers, with the permission of their guardians and after giving them their dowries. Those of you who cannot afford to marry free believing women should then marry believing slave girls whom your right hands possess. Allah knows best about your faith. So marry them with the permission of their guardians, those who are not involved in immorality, who are chaste and have not taken secret lovers. Give them their dowries in a fair and customary manner. If they commit adultery after marriage, punish them with half the punishment for free women. This is for those among you who fear falling into sin. If you endure, it is better for you. Allah is Forgiving and Merciful.

Marry those who are suitable for you: A man who commits adultery cannot marry anyone other than a woman who commits adultery or is a polytheist; a woman who commits adultery cannot marry anyone other than a man who commits adultery or is a polytheist. This is forbidden to believers. 

Prefer believing women: Do not marry polytheistic women unless they believe. A believing slave woman is better than a polytheistic free woman, even if she pleases you. Do not marry polytheistic men unless they believe. A believing slave is better than a polytheistic free man, even if he pleases you. [422]

Justice must be upheld: If you fear that you will not be able to uphold justice regarding orphaned girls, then marry women who are lawful for you—two, three, or four—instead of them. If you fear that you cannot uphold justice, then marry one (wife) or those whom your right hands possess (slaves). This is closer to preventing you from deviating. ([423])

Women should be included in inheritance: After the wills of your spouses who die without leaving children have been fulfilled and their debts have been paid, half of the remaining inheritance (of women) belongs to you. If your deceased spouses have children, a quarter of their inheritance belongs to you. [424]

Do not perform Makt Nikah: Past practices aside, from now on, do not marry women whom your fathers have married. This is indecent, a disgusting act, and an extremely ugly tradition.

Marriage should be performed with the intention of it being permanent: Sabra ibn Ma’bad al-Ju’fī narrates: “The Messenger of Allah said: ‘O people! I had permitted you to practice Mut’a with women. Now Allah, the Exalted, has made it unlawful until the Day of Resurrection. So whoever has such a married woman, let him release her. Do not take back anything of what you have given them as payment.” ([426])

A dowry is required when exchanging daughters in marriage. Abdullah b. Umar (may Allah be pleased with him) said: The Messenger of Allah forbade the “shigar” type of marriage. [427]

Observe the limits: Therefore, whoever goes beyond this is transgressing. [428]

Nowadays:  Islam has made marriage a requirement in order to control extramarital activities, establish a core group to ensure balance in life, and ensure that the mechanism of creation functions justly.  This contract is made to determine individual rights and duties. Along with this, the mentality of ignorance has always strived to establish control and measure on its own. Since this lifestyle has taken a stance against Sunnatullah the way of Allah , it also brings about distorted relationships.  The oppression of women, the denial of their rights, their exposure to injustice, prostitution, and pressure due to their helplessness stem from rules that contradict the requirements of creation. As a result of these rules accepted by society today, a rapid return to the customs of ignorance is being observed.

According to the hadith narrated by Aisha (may Allah be pleased with her), the only type of marriage approved by Islam is one in which the girl is asked for by her family and given to the man in marriage with a dowry. However, today in many places, women are not given a dowry. The continuation of the hadith mentions that sexual relations for the purpose of achieving superiority and nobility have become events carried out for the sake of fame. Thirdly, after being with more than one man, the woman’s decision to settle on one of these men and the conclusion of a contract has also become one of the legal situations encountered after rape today. Fourthly, the determination of the father of a child born to a prostitute who has been with many men has been replaced by DNA test results.

Looking at other types of marriage, we find their counterparts still existing today. Two men mutually exchanging their wives is a situation we frequently encounter, especially on the internet. Two men mutually exchanging their daughters to remove the dowry has been accepted in areas serving the purpose of reconciliation, such as feuds, blood feuds, etc. The number of women living with men as mistresses has become impossible to determine. It is also common to hear about a son marrying his stepmother without a dowry after his father’s death. Some scholars who are influential in Muslim societies even approve of men and women marrying for a specific period of time. It is quite unfortunate that the issue known as mut’ah marriage is viewed as appropriate based on misinformation and attributed to the Islamic faith.

Mut’a was a form of temporary marriage that allowed a man and a woman to live together until a predetermined time. It had no purpose of establishing a home or having children. Such temporary marriages were contracted especially by men temporarily residing in a foreign country. The consent of the elders of the family was not required for a mut’a marriage. After the marriage was performed, the woman remained within her family and gave her husband a tent with a spear. In this way, as long as the man remained within the woman’s tribe, he was considered their representative and acted together with this tribe for as long as the marriage bond continued. When the woman wanted to end the mut’a marriage, she would turn the tent door in the opposite direction, and when the husband saw this, he would return to his own tribe. Children born from this type of marriage belonged to the woman and were referred to as “the child of so-and-so woman.” Those who married temporarily through this marriage would separate at the end of the period without needing to divorce. Deprived of goals such as ensuring the continuation of the lineage and living together, this marriage was performed solely to satisfy sexual desire. Sometimes, when a mut’a marriage was performed, it was stipulated that there would be no discussion for a certain period of time, and that “the marriage is valid as long as the husband wants to live with his wife, and the contract ends when the husband gives up on his wife.” In mut’a marriage, when the period ended, the woman could leave, and the husband could not keep her with him. There was no right of inheritance. ([430])  Since the ruling on this marriage is stated in the section “In Islam,” we find it appropriate to suffice with this explanation.

Marriage or nikah, in the literal sense, means sexual intercourse, and in the figurative sense, it means a contract. In the religious sense, it refers to a man and a woman uniting their lives to benefit from each other.

[418]  İbrahim Canan, Kutub-i Sitte Tercüme ve Şerhi, Akçağ yayınları: 15/539–540

[419]  M. Ali Kapar, Islam in the Age of Happiness in All Its Aspects, Beyan Publications, Volume 2, p.113

[420]  Surah Nisa, Verse 25

[421]  Surah Nur, Verse 3

[422]  Surah Al-Baqarah, Verse 221

[423]  Surah An-Nisa, Verse 3

[424]  Surah An-Nisa, Verse 12

[425]  Surah An-Nisa, Verse 22

[426]  Muslim, Marriage, 21

[427]  Bukhari, Marriage, 67/28; Muslim, Marriage, 16/6, no: 57

[428]  Surah Al-Mu’minun, Verse 7

[429]  Divine Laws

[430]  Ali Osman Ateş, Islam in the Golden Age in All Its Aspects, Beyan Publications: Volume 2, p. 60