Does the Use of Mut’ah Marriage Make Purchasing Sex Halal for Muslims?

The notion that the purchasing of sex from a sex worker could be permissible in Islam (halal) sounds both impossible and offensive, given that sex outside of marriage is prohibited (haram). That’s not to say that Muslim sex workers do not exist, because they do, and that no Muslim has ever paid for sex, because they have. But the idea that there is a “loophole” in Islam that allows Muslims to enter the world of commercial sex in a way deemed lawful by Allah surely cannot be true.

I came to learn of this alleged loophole when reading an article about the use of nikah mut’ah by British Muslim escorts, who for an additional fee, will enter a mut’ah marriage with their clients for as short as an hour. What’s more, these practices are also being used in countries such as Indonesia and Iran, and as a Muslim, I find it difficult to understand why some Muslims believe this practice to be halal.

Broadly speaking, nikah mut’ah, is a temporary marriage in Islam. It is notably different from a traditional nikah (permanent marriage), in that mut’ah allows both parties to stipulate the duration of the marriage, allowing them to divorce after an hour if that is the agreed duration. Additionally, the man gives a dowry to the woman which is also agreed upon prior to marriage. Mut’ah has increased in popularity in the West. For example, in the UK many young Shia Muslims are entering mut’ah marriages in order to allow them to lawfully date someone before deciding on permanent marriage. Given that dating is haram based on the premise that it inevitably leads to premarital sex, it is understandable why some practicing Muslims would opt to enter a temporary marriage.

On the other hand, other Muslims equate mut’ah to prostitution, which ironically is how this practice is being used by groups of Muslims who believe that this makes purchasing sex halal. However, the permissibility of mut’ah is debated.

Roughly translated, nikah mut’ah means “pleasure marriage”. It is an ancient practice that was permitted by the Prophet Muhammad (peace be upon him) during the transition from the pre-Islamic period to Islam. The permissibility of mut’ah had in mind those who were weak in faith and tempted to commit adultery, or premarital sex which are great sins in Islam. In essence, even in its initial introduction, mut’ah could be viewed as a way of legitimising prostitution and the purchasing of sex. However, it was later deemed unlawful, yet by whom, is debated. Sunni and Shia Muslims disagree about the permissibility of nikah mut’ah today. While many Shias still practice mut’ah, Sunnis insist that it is forbidden. Nevertheless, one thing both Sunni and Shia Muslims can agree on is that mut’ah was once lawful and practiced by both Sunnis and Shias.

Yet, for those who believe mut’ah to be permissible in Islam – irrespective of its actual permissibility – does it truly make the purchasing of sex halal? In my opinion, it does not.

One could argue that within this marital context, purchasing sex is halal. A female sex worker’s fee acts as the mandatory dowry provided by the man, and that most importantly, both parties are married in the eyes of Allah for a stipulated time-span. However, what these people fail to recognise is that their intent is not halal. Both prostitution and the purchasing of sex are considered haram, as sex outside of marriage is unlawful in Islam. Therefore, entering a marriage on the premise of purchasing sex must undoubtedly be haram – at least I believe this to be the case.

However, what’s most concerning is that Western Muslims who enter mut’ah are doing so to religiously legitimise the purchase of sex. For example, unlike people in the East who may use mut’ah to avoid breaking Sharia Law which is enforced though punishment, Muslims living in the West do not have to worry about Western laws punishing those who have sex outside of marriage, as these laws do not exist. In other words, Western Muslims using this practice are not doing so based on a physical threat, but presumably out of respect for Allah and their practice of Islam.

Nevertheless, their intent is not what I believe many Muslims, including myself, would consider halal. So despite the reasoning behind any Muslim using mut’ah to justify paying for sex, surely they are aware of the paradoxical nature of this justification?

Nasreen Toorabally, also known as Naz, is a British-Mauritian undergraduate student from England, pursuing a BSc in Psychology at the University of Essex. She is currently studying abroad this academic year at CSU Monterey Bay, where she is also a research assistant focusing on her area of interest: Female sexuality. Naz hopes to pursue a Doctorate in Clinical Psychology, with the aim of working towards a career in this field within the LGBTQ+ community. In her spare time, Naz enjoys singing, song-writing and pole dancing.