Muta marriages are dissolved automatically at the end of the agreed-upon term or when either party dies.
Muta marriage in muslim law, also known as nikah mut’ah, is a temporary marriage recognised by the Twelver Shia sect of Islam. It is a contract between a man and a woman to live as husband and wife for a fixed period of time in exchange for a dower (mahr). Muta marriages are dissolved automatically at the end of the agreed-upon term or when either party dies.
History of Muta Marriage
The practice of muta marriage dates back to the early days of Islam. It is said to have been permitted by the Prophet Muhammad himself as a way to provide for the needs of soldiers who were away from their homes for long periods of time. However, the practice of muta marriage was later banned by the Sunni Caliphs, who considered it to be a form of prostitution.
Essentials of Muta Marriage in Muslim law
The essentials of a muta marriage are as follows:
- Both parties must be of legal age and must have a sound mind.
- The duration of the marriage must be fixed.
- The dower must be fixed and agreed upon by both parties.
- The marriage must be contracted in the presence of two witnesses.
Conditions of Muta Marriage
In addition to the essentials listed above, there are a number of other conditions that must be met for a muta marriage to be valid. These conditions include:
- The parties must not be related to each other within the prohibited degrees of relationship.
- The woman must not be in a state of iddah (waiting period) from a previous marriage.
- The woman must not be pregnant from a previous relationship.
- The marriage must be contracted in a private setting.
Rights and Obligations of the Spouses in a Muta Marriage
The spouses in a muta marriage have the same rights and obligations as the spouses in a permanent marriage, with the following exceptions:
- The wife is not entitled to inherit from the husband unless she is pregnant at the time of his death.
- The husband is not obliged to provide maintenance for the wife after the dissolution of the marriage unless she is pregnant.
- The children born out of a muta marriage are legitimate and have the same rights of inheritance as the children born out of a permanent marriage.
Muta Marriage in India
Muta marriage is not recognised by Indian law. However, it is practised by some Shia Muslims in India. The Shia Personal Law (Application) Act 1937, which governs the personal law of Shia Muslims in India, does not mention muta marriage. However, the Act also does not prohibit marital marriage.
Controversies Surrounding Muta Marriage
Muta marriage is a controversial topic, both within and outside the Muslim community. Some people argue that it is a form of prostitution, while others argue that it is a legitimate form of marriage.
One of the main concerns about muta marriage is that it is often used by men to exploit women. For example, some men may contract a muta marriage with a woman for a short period of time, have sex with her, and then abandon her. This can be particularly harmful to women who come from poor or disadvantaged backgrounds.
Another concern is that muta marriage can lead to the spread of sexually transmitted diseases. This is because the spouses in a muta marriage are not required to undergo any medical tests before contracting the marriage.
Different perspectives on muta marriage
There are a variety of different perspectives on muta marriage, both within and outside the Muslim community. Some people argue that it is a form of prostitution, while others argue that it is a legitimate form of marriage.
Those who argue that muta marriage is a form of prostitution point to the fact that it is often used by men to have sex with women without having to commit to a permanent marriage. They also argue that the fact that the woman is paid a dower (mahr) makes it a commercial transaction.
Those who argue that muta marriage is a legitimate form of marriage point to the fact that it is sanctioned by Shia Islamic law. They also argue that it can be a beneficial option for people who are not ready for marriage, or who are in a situation where they cannot get married permanently, such as travelers or soldiers.
Benefits of muta marriage
There are a number of potential benefits to mutual marriage. For example, it can:
- Provide a way for people to have sexual relations without having to commit to a permanent marriage.
- Provide a way for people to experiment with different sexual partners before getting married permanently.
- Help people to find a partner who is compatible with them both sexually and emotionally.
- Provide a way for people to have children without having to get married permanently.
- Provide a way for people to meet their sexual needs in a socially and religiously acceptable way.
Risks of muta marriage
There are also a number of potential risks associated with muta marriage. For example, it can:
- Be used by men to exploit women.
- Lead to the spread of sexually transmitted diseases.
- This causes emotional and psychological problems for women who are abandoned by their muta husbands.
- This leads to social stigma for women who are known to have engaged in muta marriages.
Case Study: Muta Marriage in India
In 2016, a case came before the Supreme Court of India involving a muta marriage. The case involved a Shia Muslim man who had contracted a muta marriage with a woman for a period of one month. After the one-month period expired, the man abandoned the woman. The woman then filed a case in Court, seeking maintenance from the man.
The trial court dismissed the woman’s case, holding that muta marriage is not recognised by Indian law. The woman appealed to the High Court, which also dismissed her case. The woman then appealed to the Supreme Court.
The Supreme Court upheld the decision of the High Court, holding that muta marriage is not recognised by Indian law. The Court noted that the Shia Personal Law (Application) Act, 1937, which governs the personal law of Shia Muslims in India, does not mention muta marriage. The Court also noted that the Act does not prohibit muta marriage, but it also does not recognise it.
The Court held that, in the absence of any specific legislation on muta marriage, the courts cannot recognise it. The Court also held that, even if muta marriage were to be recognised, the woman in the case would not be entitled to maintenance from the man, because the muta marriage contract had expired before the man abandoned her.
This case illustrates the fact that marital marriage is a complex and controversial issue in India. It is important to note that the Supreme Court’s decision in this case does not mean that muta marriages are illegal in India. However, it does mean that the courts will not enforce muta marriages or grant any rights or remedies to the spouses in a muta marriage.
Implications of the Case Study
The Supreme Court’s decision in this case has a number of implications for people who are considering entering into a muta marriage in India. First, it is important to note that muta marriages are not legally enforceable in India. This means that if a mutual marriage breaks down, the spouses will not be able to go to Court to seek a divorce or to claim any maintenance or other rights or remedies.
Second, the Supreme Court’s decision also means that children born out of a muta marriage will not be considered legitimate under Indian law. This means that they will not have the same rights of inheritance as children born out of a permanent marriage.
Finally, it is important to note that muta marriage is a controversial topic in India, and there is a risk of social stigma for people who are known to have engaged in muta marriage.
Conclusion
Muta Marriage in muslim law is a complex issue with a long and rich history. It is important to understand the different perspectives on this issue in order to form an informed opinion.
