Fatwa and Legal Reasoning on Inheritance in Temporary Marriage

A Critical Fiqh Analysis of Sayyid Murtaḍā’s Legal Thought

Abstract

The issue of inheritance in nikāḥ al-munqaṭiʿ/mutʿah (temporary marriage) has long occupied a significant position in both classical and contemporary Islamic jurisprudential discourse, generating diverse and often conflicting legal opinions (ārāʾ) among Muslim jurists. Central to this debate is the question of whether spouses in a temporary marriage are entitled to mutual inheritance, given the contractual, time-bound, and non-permanent character of such unions. The dominant juristic view generally denies the existence of inheritance rights in nikāḥ al-munqaṭiʿ unless such rights are explicitly stipulated within the marriage contract. In contrast, a less widely adopted position—most notably attributed to Sayyid Murtaḍā—affirms the establishment of mutual inheritance between spouses in temporary marriage, provided that no contractual clause explicitly negates inheritance. This position has been both supported and criticized within the juristic tradition, largely due to divergent interpretations of scriptural evidence, contractual principles, and the legal consequences arising from the marriage relationship. This paper seeks to contribute to the ongoing scholarly debate by systematically examining the theoretical foundations of inheritance in temporary marriage through the analytical framework of the general theory of ʿaqd al-nikāḥ (the marriage contract). The study first identifies and critically maps four major juristic theories concerning inheritance in nikāḥ al-munqaṭiʿ, outlining their doctrinal bases and methodological assumptions. It then offers an in-depth analysis of Sayyid Murtaḍā’s view, assessing its coherence and legal plausibility in light of the essential elements, objectives, and normative implications of marriage as a binding juridical institution. The study argues that Sayyid Murtaḍā’s position aligns closely with the general contractual logic of marriage, particularly the presumption of shared marital rights and obligations unless explicitly excluded, thereby reinforcing its theoretical robustness and jurisprudential defensibility within Islamic family law.