무트아 혼인과 종교사회적 배경에 관한 연구

Abstract

This paper aims to study of the Socio-religious background of mut‘a, or temporary marriage in the Islamic society, especially among the Shi‘ites'. In books on jurisprudence the terms mut‘a, al-nikāḥ al-munqaṭi‘ (discontinued marriage), and al-nikaḥ al-mu’aqqat (temporary marriage) are all employed. The Sunni authorities agree that mut‘a was permitted by the Prophet Muhammad at certain points during his lifetime, but they maintain that in the end he prohibited it completely. In contrast the Shi‘ites maintain that the Prophet did not ban it, and they cite numerous Hadith from Sunni as well as Shi‘ite sources to prove this. One major purpose of the paper is to trace the origin of this divergence between Sunni and Shi‘ite law by going back to the sources and arguments on both sides. Proponents say that it offers women-especially those divorced or widowed-a way to obtain a temporary husband and support when they are unable to find a permanent marriage. Opponents say the practice is frequently used to legitimize prostitution or extramarital relations and is a danger to family values. They also say the practice undermines women's dignity.