Temporary Marriage: Legal Diversity for Men or Support for Women?

The temporary marriage contract, or 'Sigheh', which is permitted under Islamic law, raises the question of whether it is an ethical contract that places the relationship between men and women on equal and respectful terms. Some view Sigheh as socially unacceptable and legally contradictory to the human rights of women and children born from such unions. Rezvan Moghadam, a women's rights activist, is part of this group. However, there are others who see Sigheh as a way to address societal needs and a legally supported solution for sexual needs. Mohammad Ali Elahi, an imam at the Islamic Dar al-Hekmah in Michigan, represents this perspective in this week's taboo discussion. We begin this week's discussion with Mr. Elahi. My specific and direct question is why do we have the Sigheh contract for the relationship between men and women in Islam, and why do you defend this contract? Mohammad Ali Elahi: First of all, the term Sigheh is a general term used for both marriage and divorce. Its Quranic term is more 'Mut'ah', which is mentioned in the Quran, and our religious authorities also use the term Mut'ah or temporary marriage. We always advocate for permanent marriage, and temporary marriage as referred to as Sigheh is only in exceptional cases based on social necessities. For example, for young people whose sexual maturity may begin much earlier than their economic maturity, this is one way. Another way is that they can pursue free love freely; that is, they want sexual freedom without a contract and without moral, social, and economic responsibilities, which sounds beautiful but is essentially adultery, referred to as free love. We consider free love to be meaningless. Temporary marriage, of course, has many characteristics similar to permanent marriage, such as dowry, the Sigheh contract, acceptance and consent, legitimacy of children, naming children, waiting period after separation, and respecting all conditions raised by the woman or man during the contract execution. Therefore, this is something to save boys and girls. Ms. Moghadam, as another guest on this week's taboo and as an opponent of the Sigheh contract, you have heard Mr. Elahi's explanations. I would like to ask you to present your opposing reasons. Rezvan Moghadam: My reasons for opposing Sigheh are really numerous. He mentioned that the so-called children born from this contract have rights similar to those of children born from permanent marriage. I want to say that this is not the case at all. First of all, the stigma of being a 'Sigheh child' will always be on that child's forehead. They are subjected to humiliation, identity crises, and personality crises. Research has shown that these children are socially more vulnerable. They are more likely to turn to addiction and delinquency. Because when a child is born from Sigheh, it is unclear whether they will be under the father's protection; often, these fathers deny it, and many times the woman must go and prove through DNA that this child belongs to this man. Now, if a woman succeeds, because I have really worked closely with Sigheh women in Iran and am familiar with their problems, even obtaining a birth certificate causes a lot of psychological crises for the woman herself. This is just one aspect. It is not just about inheritance and legacy. A Sigheh child lacks security. They do not have peace. From the very beginning, a bad fate accompanies them. The second issue is the woman in Sigheh. I seriously say this is prostitution. The woman is the seller. The man is the buyer. We have no pretenses with each other. Now, dear Mr. Elahi says that this is different from adultery; it is not free love. What difference does it make? The only difference is reading a Sigheh. It is just a verse. There is no difference. Elahi: But Ms. Moghadam, what is your solution? Look, we have permanent marriage... Moghadam: Mr. Elahi, it seems you have a response to this part of your statements. Mr. Elahi! Ms. Moghadam emphasizes social harms and refers to the so-called 'Sigheh child' or the security issues of these children or that she considers this prostitution. In any case, in Iranian society, one of the questions of the program can also be, independent of religious issues, some believe that there is a kind of social stigma. From your perspective, if this can be so accepted and beneficial, why can it have social stigma? Elahi: I think the reason for its stigma is cultural issues. For many, when you mention white marriage, they apparently have no problem with it because it is a Western term, but when we enter Eastern terminology, a cultural issue arises where some really think modernity is civilization. Another reason could be the abuses that occur regarding Sigheh, the excesses and deficiencies that happen in this regard. A bit of jealousy may also be involved. We humans have feelings. Sometimes my wife jokes and says that if you ever think about it, even mention it, wanting to have a relationship with someone else, I will kill you; of course, she jokes. These sensitivities that exist between humans, between men and women, complicate the issue a bit. Ms. Moghadam, now that you have heard Mr. Elahi's remarks, I want to ask you if the issue is really Western or Eastern? Some believe that Sigheh, independent of religious issues, can be a way to support women in the conditions of Iranian society, especially women who face problems or are engaged in prostitution; according to this group, they can be more supported through Sigheh. What is your opinion on this? Moghadam: Let me divide this into two parts. One regarding white marriage; white marriage is not the same as Mut'ah or Sigheh. This does not mean that it is Western or Eastern. See, Sigheh says you can be temporarily married to someone from one hour to 99 years. A man can have an infinite number of Sigheh marriages, but in white marriage, this is not the case. White marriage is based on love. Two people have moral commitments to each other. They live together without reading 'Ankahatak'. But from a thousand Ankahat, they are more responsible and loyal to each other. Elahi: Not necessarily. Not everywhere, Ms. Moghadam. Many of them may have ten girlfriends. It is unclear... Moghadam: Let me finish my speech. But regarding Sigheh, it is not like that. Mr. Elahi, I ask you to let Ms. Moghadam finish her speech. Moghadam: This one. But regarding support for women, see, we should not ignore the issue. Why should a woman be forced into prostitution for material support? See, in Sigheh, a man can have several Sigheh wives. Can a woman do such a thing? I am not saying it should be, I am talking about the difference and discrimination and violence that women face in this regard. One of the discussions they have is that sexual maturity comes before economic maturity. Well, that means he has to give her dowry. He has to pay her money to have sex with her under the title of Mut'ah. The reason it has not been properly accepted in our society - which is very good - shows that our culture is far ahead of the religion that is imposed on us, and people are more responsible. Because Sigheh essentially satisfies men's desire for diversity. Yes, please allow me to say that the points you raised are important, Mr. Elahi, Sigheh satisfies men's desire for diversity according to Ms. Moghadam and many critics of the Sigheh contract. And the point they mentioned is that in Sigheh, a man can have several women simultaneously in his Sigheh and also in his permanent marriage; such a thing cannot evoke a sense of gender equality, and on the other hand, we see that in Iran, even short-term Sigheh contracts are formed. You may want to tell me that there is abuse in this case, but essentially short-term Sigheh is accepted. It is not something that Islam has prohibited. What support can such a form of relationship provide for a woman besides receiving a sum of money that is now referred to as dowry? Elahi: I will return to Ms. Moghadam. The issues she raised regarding the temporary marriage and all the other issues she mentioned, including white marriage, also apply there. However, the goal of Sigheh has been this. Now what people do is another discussion, but the legislator's goal has been to ensure responsible sexual interaction in situations where permanent marriage is impossible. And I repeat this. Now, what you say about short-term, of course, does not have to be short-term, but yes, it can also be short-term; it can also be long-term. But it is better that it lasts until the end. What is said here in America at the time of marriage is that we want to live until death separates us. In Iran, we used to say that when the bride goes to the groom's house, only the coffin should separate them. This is accurate. The goal is for it to be like this. However, now when this is not possible, and as Ms. Moghadam said, I agree with her that it should be avoided. The Quran also says the same, but if that is impractical, many cannot control themselves; in that case, there should be a way to prevent this irresponsible sexual anarchy, and this law of temporary marriage is only for them. Now, what benefit does it have for women? Well, you know that we talk about the equality of men and women, and the equality of men and women is different from the similarity of men and women. While that sexual diversity you mentioned in your discussions refers to the fact that temporary marriage is not necessarily for physical matters. For some, non-physical love can be much deeper than physical love, but we know that lust is also part of human nature. What is really getting out of control in America? You see the constant bombardment of pornography on social media and the new Supreme Court laws that everything is getting out of control; now that issue of prostitution has its own place, and now there are professions like sex robots and these new things that have emerged. Issues are completely getting out of social balance, and in such conditions, we say, well, is it possible to find a mechanism in such chaos to at least guarantee some issues minimally? And that is what we refer to as Sigheh or temporary marriage. Let’s see if this minimum that you emphasize, especially regarding the responsibility of temporary marriage, is genuinely provided from Ms. Moghadam's perspective, who, as she claims, has experience with women who have lived under this contract and experienced temporary marriage; is it truly secured? Moghadam: Actually, I wanted to say that Sigheh is essentially sexual anarchy and insecurity. There is insecurity in sexual relationships, both for the family; after all, when a man has the right to have several Sigheh wives, an infinite number of Sigheh marriages, this itself is sexual anarchy. Sigheh cannot solve the issues that Mr. Elahi mentioned because currently in Iran, Sigheh is not prohibited! Sigheh is legal, but we see that - considering the news we hear - the most viewed films in Iran are pornographic films. Why is it like this? See! In the summer in Europe and America, where Mr. Elahi is present, you often see women and men coming in short pants and even, for example, tops and half-naked. How come in these societies men are not aroused? So, there is a flaw somewhere. To solve this problem, we must look elsewhere. We cannot solve the problem through something that is legal and we know undermines the family foundation. The family - which the Islamic Republic emphasizes so much - is turned into an unsafe place. You should examine families where the man has a Sigheh; see how the children of that family, the spouse of that family - his permanent wife - suffer from problems, and this claim that sometimes it is said that the woman in the family has a problem and the man goes to Sigheh, I want to see if the woman has such an opportunity? That is, when her husband is, for example, sexually impotent, can the woman go and have a Sigheh with a man for herself? Mr. Elahi may say that men and women are different. But in my opinion, no! There is no difference. Both should have equal rights. If the legislator gives this right to the man, why does it not give this right to the woman? The issue of the children who come is very important to me. See, for example, in houses that are for prostitution, they are health-controlled. For AIDS, hepatitis, syphilis, genital fungi, etc. Is there anyone controlling in Sigheh? Health cards for Sigheh women...