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Can the wife perfom Mutah with the Husband

Q:

Ass Salaamun Aliakum 🙂

I really need help from Aalim E Deen to answer a very important question for me pertaining to Mutah. Keeping in mind all the background
as mentioned below :

This a very rare and absurd situation in my friend’s married life.
He is a Shia Asahnshari. Age 32 Years. A Zawwar of Imam-e-Hussain (A.S) Shrine in Karbala.
Formerly a Sunni, he converted to Shia Islam , soon after he read about J. Zehra (S.A) being returned without her Haq ( Bage Fidaq ) from the Darbar of Clapiha of that time. May Allah Curse the enemies of J. Zehra ( S.A )
He is now been married for 6 years to a Shia Girl (Non-Sadaat). He also has a 5 years old baby boy, Alhamdollilah. He and his wife Mashallah shared a very deep sentimental and sexual bond between them since marriage. Both of them do not ever want to get themselves separated from each other considering Talaaq for any reason. They live with each other in harmony and want their child to be a servant of Ahlebait (A.S ). This is a brief background of their married life.

Very unfortunately, during the third year of this marriage, ( when his child was just 2 years of age ); the man got a problem with his sexual part ( penis ). The problem is that the part does not respond to touch by her wife to get an erection any more because it sometimes drips blood in urination.
The Husband consulted a specialist doctor and followed medical treatment for 6 months but got an answer from the doctor that he will not be able to recover from this at least for 2 to 3 years or maybe he will never recover. This news was like thunder in their married life.
He addressed the problem with his wife, who initially supported her and said she would manage to rest for life without sex between them.
But soon after 3-4 months, the wife started to feel the necessity and explained this to his husband.
The husband and wife don’t want to be separated by talaq as they have a 6-year-old boy very who’s very attached to both of them.

Just to keep their married life intact, to avoid complications ( like a thought of her wife indulging in haram behind his back maybe) and also with consideration of a woman’s right to have sexual satisfaction.
I wish to seek advice for an Aalim .. In this special case, where the husband and wife do not want to get Talaaq simultaneously considering the growth of the child with his own parents.
WITH HUSBAND’s DUE CONSENT AND WILL, can the wife ( being in a state of Nikaah with her current Husband ) perform MUTAH till the treatment period ( for 3 years ) with another Unmarried Man (Cousin brother of a husband who is a close relative and also a shia also, a man whom they both trust most for such a help )?

This will aid them in satiating the wife’s desire.. the family life can be on track and the child’s life won’t be affected.

They do not want to discuss this problem with anybody else in the Family as this husband is not willing or comfortable at all to disclose this problem to anyone in the family except his cousin brother who is very close to him.

The Husband and wife also can’t take a divorce for her wife to perform Mutah as this would involve a period of Iddat consequently revealing the point of their divorce, which would require a very long reason to be mentioned for talaq to both the families. If not the real problem of the Husband.

Can the wife perform Mutah with the Husband’s cousin brother just for sexual intercourse and for a limited time period, with the consent of her husband? Will this be lawful or permissible in Shia Islam or can we have a better way out in such a situation highly considering the Shia Islam.
Please do advise us.

Thanks.

 

A:

Waalykumm al salam
Thank you for your question

I am sorry to hear about the situation your friend is in at the moment. I pray that Allah restores his health and they are able to continue their life inshaAllah

Mutah is an option for both men and women. However, for women, only if they are not married. A woman cannot marry two men at a time. It is impossible according to any sect of Islam. Therefore, Mutah with the husband’s cousin, while still married to her own husband is impossible and any physical relation will be haram and counted as zina.

I find it wise to mention that the husband must continue seeing other medical professionals in the field and adopt other medical solutions to the issue and in the meantime satisfy his wife fully without penetration.

According to Islamic law, a husband and wife are able to derive any sexual satisfaction from one another even without the actual act of copulation.

May Allah help them all and you.
Best wishes,
N.S.Jaffery