Creating Mahram Relationships Through Mutah (Temporary Marriage)

Sighah Mahramiyyat, i.e. temporary marriage for the purpose of creating a familial relationship (mahram), is a practice prevalent in some Shia Muslim communities, particularly in Iran and Iraq. It establishes a specific type of non-conjugal marital bond between an adult male and a female, often a young girl who has not yet reached puberty.

The primary function of Sighah Mahramiyyat is to create a mahram relationship. In Islamic tradition, mahram relationships define categories of individuals between whom marriage is permanently prohibited, such as close blood relatives. These relationships also carry specific social implications, allowing for less restricted interaction, such as being in seclusion (khalwa), traveling together, and removing the hijab (veiling) in each other's presence.

In the context of Sighah Mahramiyyat, the marriage establishes a mahram relationship between the man and the girl's mother. This means the mother becomes the man's mother-in-law, allowing her to interact with him in ways typically reserved for close family members. This is often cited as the main purpose of the practice, facilitating social interaction within families according to traditional interpretations of Islamic law.

A key aspect of Sighah Mahramiyyat is that it is generally understood to be non-sexual in nature, especially when the female involved is a young child. The preference for prepubescent girls is often explained by emphasizing the intention of establishing a mahram relationship rather than a conjugal one. The consent of the girl is not considered a requirement for the validity of the Sighah. Instead, the consent of the girl's father or paternal grandfather (if he is alive) is necessary.

Several specific applications of Segha-i-Mahramiat are described:

  1. Domestic Service: If a man employs a male servant, such as a cook or driver, he may arrange a temporary marriage between the servant and his young daughter. This creates a familial bond, making the servant the son-in-law of the employer's wife. This allows her to interact with the servant without observing strict hijab, even if her hair, arms, calves, or chest are visible, such as when wearing casual clothing. The servant may even reside in the daughter's room if he lacks other accommodations. This practice is reportedly more common among some Shia Arab families in Gulf countries like Bahrain, Kuwait, and Eastern Saudi Arabia.

  2. Travel and Pilgrimage: A woman may arrange a temporary marriage between her minor daughter and a non-mahram man to facilitate travel, particularly for religious pilgrimages like Hajj, Umrah, or visits to holy shrines. The man, now considered her son-in-law, can accompany her on these journeys.

  3. Adoption: If a man wishes to adopt an orphaned girl, whether a minor past the age of breastfeeding or an adult, he can arrange a temporary marriage between her and his father or son. This creates a familial relationship, making her his stepmother or daughter-in-law, respectively, allowing them to live in the same household.

  4. Shared Travel: When two families travel together, for example, in a train compartment for an extended period, the men may arrange temporary marriages with each other's minor daughters. This allows the women to relax the usual rules of hijab in each other's presence. They can remove their veils and wear more comfortable clothing. A mother could even breastfeed her baby in front of the other family's male member (now her son-in-law) without feeling constrained by social norms of modesty.

  5. Landlord-Tenant Relationships: A single man who rents part of his house to a family may arrange a temporary marriage with the tenant's minor daughter. This makes him a mahram to the tenant's wife, allowing them to interact without hijab within the shared living space, including shared use of the kitchen and bathroom.

  6. Domestic Employment (Housemaid): A man may arrange a temporary marriage with the daughter of his housemaid, allowing the housemaid to work more freely in the household. This establishes a mahram relationship between the man and the housemaid, removing the usual restrictions of hijab in a domestic setting.

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