Nikah Mutah: What is it and How is it Legal?

A wedding ceremony is one of the most important moments in human life.
In Indonesia, with its diverse cultures and religions, we recognize various forms and traditions of marriage.

One type of marriage that is often the subject of discussion and debate is nikah mutah.
You may have heard of this term, but what exactly is nikah mutah?
How is it legal in Indonesia?
Let’s discuss it in depth.

Definition of Nikah Mutah

Nikah mutah, also known as temporary marriage or contract marriage, is a form of marriage that has a specific time limit.
In Arabic, “mutah” means “pleasure” or “enjoyment”.
The practice involves a man and woman agreeing to marry for a pre-agreed duration, which could be a few days, weeks, months or even years.

In contrast to conventional marriage, which aims to build a long-term family, contract marriages are generally entered into with more pragmatic objectives.
They often cite several reasons, including:

1. Avoiding adultery or sexual relations outside of marriage
2. Fulfill biological needs when away from an official partner
3. Economic reasons, where the woman receives dowry or maintenance during the contract period.
4. Desire to get to know a potential partner more closely before getting married permanently

Although it has some similarities to marriage in general, such as the presence of consent and dowry, nikah mutah has fundamental differences that make it controversial.

History and Development of Mutah Nikah

To understand nikah mutah comprehensively, it is important to know its historical roots.
This practice has actually existed since pre-Islamic times among the Arab community.
In the early days of the spread of Islam, the Prophet Muhammad allowed nikah mutah, especially in emergency situations such as war.

However, over time, there have been differences of opinion among Islamic scholars and schools of thought regarding the permissibility of contract marriage.
The majority of Sunni scholars permanently forbid nikah mutah, while some Shia scholars still allow it under certain conditions.

The majority of Indonesia’s Sunni Muslim population does not consider nikah mutah to be a common or widely accepted practice.
However, cases of contract marriages still occasionally arise in the community, especially in areas where Shia teachings are influential.

Islamic Law’s View on Mutah Nikah

In the context of Islamic law, there are significant differences of opinion regarding the status of nikah mutah.
Let us examine the views of the various madhhabs:

1. Sunni schools (Shafi’i, Maliki, Hanbali, Hanafi)

All four major schools of thought in Sunni Islam agree that contract marriage is haram.

They argue that although the Prophet Muhammad allowed this practice in the early days of Islam, he later abolished and permanently banned it.
The argument they often use is a hadith by Ali ibn Abi Talib, in which the Prophet banned nikah mutah during the Battle of Khaibar.

2. Shia school

On the other hand, the majority of Shia scholars, especially those of the Imamiyah Shia, are of the opinion that they still allow mutah marriage. They consider that there is no strong evidence to suggest that mutah marriage is permanently prohibited. For them, mutah marriage is a solution to avoid adultery in certain situations.

3. Moderate View

Some contemporary scholars take a middle position. They argue that although contract marriages are not recommended in principle, in situations of emergency or extreme urgency, they might consider the practice as a ‘lesser evil’ or a better option than zina.

It is important for you to understand that these differences of opinion are not just a matter of interpretation of religious texts, but are also influenced by the social, cultural and historical context of each group.

Nikah Mutah in the Context of Indonesian Law

In Indonesia, which adheres to a positive legal system with a strong influence from Islamic law, contract marriage is not recognized as a valid form of marriage.
There are several reasons why contract marriages do not comply with Indonesian marriage law:

1. Law No. 1 of 1974 concerning Marriage: This law does not recognize the concept of timed marriage.
   Marriage is defined as “the inward and outward bond between a man and a woman as husband and wife with the aim of forming a happy and lasting family (household) based on God Almighty.”
2. Compilation of Islamic Law (KHI): As a guideline for judges in the Religious Courts, the KHI also does not accommodate the practice of nikah mutah.
   Marriage in KHI is intended to form a family that is sakinah, mawaddah, and rahmah.
3. Marriage Registration: Mutah marriages are generally conducted informally and are not registered at the Office of Religious Affairs (KUA) or the Civil Registry.
   This is contrary to the state-mandated marriage registration requirements.
4. Women’s and Children’s Rights: Nikah mutah is considered potentially harmful to women and children who may be born from the relationship, especially in terms of inheritance rights and status recognition.

Although not legally recognized, the reality is that the practice of contract marriage still occurs in several regions in Indonesia.
This raises a variety of complex legal and social issues.

Social and Psychological Impacts of Mutah Nikah

In addition to the legal and religious aspects, it is important to understand the social and psychological impacts of contract marriage:

1. Social Stigma: Contract marriage perpetrators, especially the women, often face negative stigma from society.
   They may be labeled as “disguised sex workers” or immoral individuals.
2. Psychological Impact: The uncertainty and temporary nature of these relationships can create psychological distress, especially if either party begins to develop deeper emotional feelings.
3. Risk of Exploitation: There is potential that this practice could be misused to exploit more vulnerable parties, especially women from economically weak backgrounds.
4. Family Conflict: Contract marriages can lead to conflict within the extended family, especially if it happens without the family’s consent or knowledge.
5. Child Rights Issues: If a child is born out of a mutah marriage, his or her legal status and rights can be a complex issue.

Legal Marriage Consultation

When it comes to marriage, it’s not just about love and commitment, but also the legal aspects that are equally important.
You might have a lot of questions, such as What is the procedure for a legal marriage according to Indonesian law?
What documents do you need?
What about the legal rights and obligations of husband and wife?

Well, to answer all those questions and ensure your marriage is in accordance with the applicable law, Kontrak Hukum provides comprehensive marriage consultation services.
Our team of legal experts is ready to help you understand the intricacies of marriage law in Indonesia, from the registration process to pre-nuptial agreements.

With a consultation at Contract Law, you can:

1. Get a detailed explanation of legal marriage procedures
2. Understand the rights and obligations in marriage according to the law
3. Get help in drafting a pre-nuptial agreement if you need it
4. Consultation on legal issues related to marriage

Don’t let ignorance of the legal aspects interfere with your happiness.
Contact Contract Law today and make sure your marriage is not only happy, but also legal!

KH Contact

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