Fatwa ID: 09103
Answered by Mufti Mohammad Ateiq-ur Rehman
Question:
السلام عليكم ورحمة الله وبركاته
My question is how can a man of hanafi madhab end mutha with a Shia women , as far as I know this isn’t valid in our madhab . But on the other side the Shia lady is holding on to a divorce can you advise how this marriage can be ended on the Shia side. She won’t let go until he divorces her. Please can you advise
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
Thank you for your question. May Allah ﷻ grant us all understanding of His commands, protect us from error, and rectify our affairs.
It is reported from Ali رضي الله عنه:
نَهَى رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنِ الْمُتْعَةِ عَامَ خَيْبَرَ وَلُحُومِ الْحُمُرِ الْإِنْسِيَّةِ
“The Messenger of Allah ﷺ forbade mut‘ah at the time of Khaybar and the meat of domesticated donkeys.”
(Sahih al-Bukhari 5523)
It should be understood that entering into a mut‘ah arrangement was not permissible and should have been avoided. The prohibition of mut‘ah is clearly established in the Sunnah, and one is required to adhere to what has been decisively forbidden. Nevertheless, the focus now is on resolving the current situation correctly.
In the Hanafi school of thought, mut‘ah is considered invalid and void from the outset. It does not establish a recognised marriage, nor does it produce the legal status of a valid nikah.
It is clearly stated in Fatawa Hindiyya:
“Mut‘ah marriage is invalid; it does not confer permissibility, nor does divorce, ila’, or zihar occur in it, and neither party inherits from the other.”
[الفتاوى الهندية 1:282]
Accordingly, there is no valid marriage in place that requires a divorce to terminates, so no talaq takes effect because the contract itself is void.
However, given that the woman believes this to be a valid marriage and is insisting on a divorce, it is advisable for the man to issue a clear statement of separation in order to end the dispute and remove any ongoing claim. This is not because a divorce is legally binding in this case, but to bring closure, prevent further harm, and avoid continued attachment or conflict.
Therefore, he should clearly state that he has ended the relationship and disengage completely. This will serve as a practical resolution to the situation while recognising that, in reality, no valid marriage existed.
Only Allah ﷻ knows best.
Written by Mufti Mohammad Ateiq-ur Rehman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
References:
[1]
نِكَاحُ الْمُتْعَةِ بَاطِلٌ لَا يُفِيدُ الْحِلَّ وَلَا يَقَعُ عَلَيْهَا طَلَاقٌ وَلَا إيلَاءٌ وَلَا ظِهَارٌ وَلَا يَرِثُ أَحَدُهُمَا مِنْ صَاحِبِهِ، هَكَذَا فِي فَتَاوَى قَاضِي خَانْ فِي أَلْفَاظِ
1:282 كتاب الفتاوى العالمكيرية = الفتاوى الهندية