Muta Marriage

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Shia School of Muslim Law recognise two kinds of marriages (1) Permanent marriage or Nikah, or (2) Temporary marriage or Muta.

The word ‘Muta’ means ‘to enjoy’ or ‘to use.’ Muta marriage is a marriage for a set dower for a specific length of time. According to Sunni Law, muta marriage is not recognised since the marriage contract should be restricted in duration and the wording used at the time of proposal and acceptance must reflect an instant and permanent union. Thus, a marriage deliberately announced for a limited term is void under Sunni Law, yet such a marriage is legal under Shia Law. Under Shia Law, a Muta marriage may be committed for a day, a week, a fortnight, a month, or a year, or any number of years.

Essentials of Muta marriage

  1. The duration of the marriage should be determined when the Muta/Contract is signed/made. It might be for a single day, a month, a year, or several years.
  2. The marriage contract should include a dower clause. The contract is illegal as Muta but legal as Nikah if the cohabitation duration is not specified but the dower is. [S.A. Hussain v. Rajamma, AIR 1977 Andh. 153]. However, if no dower is provided, the Muta marriage contract will be null and invalid.
  3. In a Muta marriage, the number of wives is not restricted to four.
  4. In the absence of proof to the contrary, if two people who married under the Muta for a certain amount of time continue to live as husband and wife after that period has expired or until the husband’s death, the presumption will be that the marriage was prolonged until the duration of cohabitation. [Shoharat Singh v. Mst. Jafri Bibi, 24 I.C. 499(P.C)].
  5. The parties must be age of puberty and be of sound mind.
  6. The consent of both parties must be free consent.
  7. Parties should not be within prohibited degrees of relationship.
  8. A Shia guy can marry a Muslim lady, a Kitabia woman (Christian or Jewish), or a fire worshipping woman (Majusiyya), but not a woman of another faith. A Shia woman cannot marry a non-muslim man in a Muta marriage.
  9. An offer must be made by one of the parties to such a marriage, and acceptance by the other party.
  10. Presence of a witness is not required at the time of marriage.

Legal Incidents

The following are the legal incidents of Muta marriage :-

  1. There are no reciprocal inheritance rights formed between the parties. It is still debatable whether or not an express requirement that there should be reciprocal or unilateral inheritance rights.
  2. Children born as a result of such a marriage are legitimate and have the right to inherit from both parents.
  3. The marriage is dissolved ipso facto on the end of the fixed period or sooner by mutual consent.
  4. Muta marriages do not recognise divorce as a valid option. The husband may give the wife an unexpired term as a present, which is known as Hiba – I – muddat. The Muta marriage can be dissolved by the death of either party, the expiration of the set term, or the husband’s release of the remaining period (Hiba-i-muddat).
  5.  If the marriage is consummated/successful, the wife is entitled to full dower. If the marriage isn’t consummated, she is entitled to half dower.
  6. Although the Muta wife is not entitled to maintenance in Muslim law, she may seek it under Section 125 of the Criminal Procedure Code. [Luddan Sahiba v. Mirza Qamar Qadri, (1882) 8 Cal. 736].
  7. The husband is not bound to give the Muta wife a place to live.
  8. In the event of her husband’s death, the Muta woman is bound to observe iddat for four months and ten days. In case of pregnancy this period is to be extended till delivery.

In the case of dissolution (not by death) Iddat  is necessary only if the marriage has been consummated. In this case the period is two menstrual courses if she is in menstruation and forty-five days if she is not menstruating.

 Nikah and Muta distinguished

  1. Muta is a temporary marriage while Nikah is permanent.
  2. Muta is only acknowledged by Shias and not by Sunnis. In both sects, nikah is recognised.
  3. Muta marriages end ipso facto after the agreed-upon period expires; Nikah marriages do not have this stipulation.
  4. Muta marriages do not acknowledge divorce. In Nikah, it is completely acknowledged. By paying Hiba-i-muddat, Muta husband may  get rid of his Muta wife.
  5. Muta wife is not entitled to maintenance under Muslim law (through she is entitled to claim maintenance under Section 125 of the Criminal Procedure Code). In Nikah she is entitled to maintenance.
  6. Dower must be mentioned, otherwise the Muta marriage would be null and invalid. If not stated explicitly, it may be implied in the Nikah.
  7. Except as provided in the marriage contract, Muta marriage creates no responsibilities. It does not give rise to  reciprocal rights of inheritance to wife and husband.  While Nikah creates rights and liabilities for both the wife and the husband

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*Dr. Deepak Miglani, Email id.:- [email protected]

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