Note 69 — Chapter X

The passage of the Koran favorable to temporary marriage is in chap. IV. v. 28: “For the advantage which you receive from them, give them their reward (assign them their dower), according to what is ordained: but it shall not be criminal to make any other agreement among yourselves, after the ordinance shall be complied with.” In this passage the word matâh occurs. This sort of marriage is also admitted in the Hédaya fil forú, “the Guide in the Branches of the Law” (translated into English by Charles Hamilton, 1791).

Nevertheless it was a subject of great contest among the Muhammedan doctors whether such a connection be legitimate or not. The Imám Abu Hanifah and others declared it abrogated, according to the universal concurrence of the prophet’s companions, on the authority of Ebn Abbas Abdallah, who died Hej. 68 (A. D. 687). This Imám adduced the information received from Ali, who, on the day of the combat of Chaibar (A. D. 630), heard the prophet declare that such marriages are forbidden. Moreover, a strong opposer to their legitimacy was Yahia, the son of Aktam, son of Muhammed, son of Katan, a celebrated judge, who died in the year of the Hejira 242 (A. D. 856). Living during the reign of Mamun, he succeeded in persuading the Khalif to prohibit by a decree temporary marriage, which he had before permitted.—(See Abulfeda, vol. II. pp. 195-199).