The Institutes of Akbar 132.2.1

132.2.1

On the latter point also the discussion got rather lively, and I would refer the reader to my work entitled Najáturrashíd, in which the subject is briefly discussed. But to make things worse, Naqíb Khán fetched a copy of the Muwatta of Imám Malik, and pointed to a Tradition in the book, which the Imám had cited as a proof against the legality of Mut’ah marriages. Another night, Qází Ya’qúb, Shaikh Abulfazl, Hájí Ibráhím, and a few others were invited to meet His Majesty in the house near the Anúptaláo tank. Shaikh Abulfazl had been selected as the opponent, and laid before the emperor several traditions regarding Mut’ah marriages, which his father (Shaikh Mubárik) had collected, and the discussion commenced. His Majesty then asked me, what my opinion was on this subject. I said, “The conclusion which must be drawn from so many contradictory traditions and sectarian customs, is this:—Imám Malik and the Shi’ahs are unanimous in looking upon Mut’ah marriages as legal; Imám Sháfi’í and the Great Imám (Hanífah) look upon Mut’ah marriages as illegal. But, should at any time a Qází of the Málikí sect decide that Mut’ah is legal, it is legal, according to the common belief, even for Sháfi’ís and Hanafís. Every other opinion on this subject is idle talk.” This pleased His Majesty very much.