However, the evidence from Malik's Muwatta (manual of religious jurisprudence) was not forthcoming.
The Shi'ite theologians persisted and nikah mut'ah was legalized for the twelve Shia during Akbar's reign.
Muawiyah I (602 - 680 AH), first caliph of the Umayyad dynasty, entered into a nikah mut'ah contract with a woman from Ta'if.
She was a slave who was owned by a man called Banu Hazrmee. Ordinarily, sexual access rights to a female slave belongs to her slave owner as part of his property rights which cannot be shared or assigned, unless the slave is married off, in which case the slave owner loses all rights to sexual access.
The scholar, ‘Abd ar-Razzaq as San‘ani (744 CE), described how Saeed bin Jabeer Jubayr frequently visited a woman in Mecca.
When asked why, he said he had a contract of nikah mut'ah with her and seeing her was "more halal than drinking water".
Ali replied Don't be hasty (in your religious verdict), Ibn 'Abbas, for Allah's Messenger (may peace be upon him) on the Day of Khaibar prohibited for ever the doing of it-And eating of the flesh of domestic asses Sunni Muslims use this hadeeth from Sahih Muslim as further evidence that even great companions like Ibn Abbas got it wrong and Ali had to correct him.
And this correction by Ali they say ends the whole subject matter on the complete banning of mut'ah marriage.A Twelver Shia hadith attributed to Ali ibn Yaqteen notes that Musa al-Kadhim, the seventh of The Twelve Imams, when asked about nikah mut'ah, said, Why do you [ask], when you [Ali], with the blessing of Allah, have a wife at your side?He [Ali] replied, 'No, I just want to know.' Imam Kadhim replied, "The permissibility is present within the Book of Allah".While according to the actual book Muwatta by Malik ibn Anas, the oldest book on Islamic Jurisprudence, Mutah was banned because Ali ben Abu Taleb said that Mutah was banned by Muhammad himself on the day of Khaibar.For this reason the Zaidi Shia do not practice Muatah marriage.According to Twelver Shia jurisprudence, preconditions for mutah are: The bride must not be married, she must be Muslim or belong to Ahl al-Kitab (People of the Book), she should be chaste, not addicted to fornication and she should not be a young virgin (if her father is absent and cannot give consent).