Muta Marriage
Muta Marriage
Introduction
The word ‘Muta’ literary means ‘enjoyment’. It may be rendered as marriage for
pleasure.
‘Muta’ marriage is a marriage for temporary but a fixed period after specifying dower.
‘Muta’ marriage is void under Sunni Law because the words used at the time of
proposal and acceptance must denote an immediate and permanent union.
The specified period may be a day, a month or a year or term of years.
The period during which the union is to last should be fixed at the time when the ‘Muta’
is contracted. If no period is mentioned, the contract would be treated as permanent
marriage.
Some dower should be specified in the contract. When the term and the dower have
been fixed, the contract is valid.
The rule of limiting the number of wives to four as regards regular marriages, does
not apply to ‘Muta’ marriages.
There must be a proper contract, declaration and acceptance are necessary. The
parties must have attained the age of puberty and must be of a sound mind.
The consent of both the parties must be free consent.
They should not be within prohibited degrees of relationship.
Legal Incident
No mutual rights of inheritance are created between the spouses but if there is an
agreement to the contrary, such agreement will be enforced and effective, the children
will be considered legitimate and capable of inheriting from both parents.
The wife is not entitled to maintenance, but she can claim maintenance under
Section 125 Code of Criminal Procedure, 1973.
If the marriage is not consummated, the wife is entitled to only half of the dower. If
consummated, then full dower.
When marriage has been consummated, the wife is required to undergo ‘iddat’ in case
of death of her husband for a period of 4 months and 10 days.
In case of pregnancy this period is to be extended till delivery.
The termination of ‘Muta’ marriage otherwise than by death of the husband is
two courses if she was menstruating and 45 days if she was not.
Where there has been no cohabitation iddat is not necessary.
A husband has the right to refuse procreation.
Marriage comes to an end on the expiry of the term, unless extended. The husband
does not have a right of divorce, but he can terminate the union earlier by making a
‘gift of the term’.
The following are the distinguishing points between Nikah and Muta:
Case Law