Muta Marriage In Muslim Law

Muta marriage, also referred to as a temporary marriage, is a unique concept that is accepted in Islamic law, especially by Shia Muslims. Unlike a Nikah, this marriage is not permanent and has its own set of legal implications, obligations, and rights. In this blog, we explore everything you need to know about Muta marriage under Muslim law, its legality in India, essential conditions, termination, and legal consequences.

What Is Muta Marriage Under Muslim Law?

Muta marriage is a temporary marriage contract between a Muslim man and a Muslim woman for a fixed duration and a specified dower (mahr). This type of marriage is mainly recognized under Shia (especially Twelver Shia) Islamic law and is rejected by Sunni jurisprudence. The primary aim of Muta marriage is to allow companionship and intimacy for a while without any permanent marital bond. After the period is over, the marriage ends automatically without any requirement for talaq.

Is Muta Marriage Legal In India?

The legality of Muta marriage in India is subject to the personal laws applicable to Muslims. Since Indian law permits personal laws for different religious communities, Muta marriage is considered legally valid for Shia Muslims, particularly the Twelver sect. However, for Sunni Muslims, Muta marriage is not recognized and may be considered void.

Indian courts have acknowledged the legality of Muta marriage among Shias in several judgments, provided it fulfills the essential legal and religious conditions:​

• Syed Amanullah Hussain & Others v. Rajamma (1976) : The Andhra Pradesh High Court acknowledged that under Shia law, a valid Muta marriage can be contracted with a Kitabia (a woman who is Christian or Jewish, but not Hindu). The court noted that Muta marriage is a temporary arrangement distinct from permanent marriage and does not create mutual rights of inheritance between the spouses.
• Shoharat Singh vs. Musammat Jafri Bibi (1914) : The court observed that a Muta marriage, according to Shia law, is a temporary marriage for a fixed period, and such a marriage does not establish the same rights and obligations as a permanent union.

What Are The Legal Conditions For Muta Marriage?

For a Muta marriage to be valid in Islam, these conditions must be fulfilled:

• Consent of both parties: The male and female must come into an agreement willingly on the temporary marriage.
• Specification of period: The period must be agreed upon (it may be established from hours to years, as mutually decided).
• Mention of the Mahr (dower): The amount of Mahr must be determined beforehand.
• Competence of parties: Both parties must have the ability and sound mind to indulge in the age of marriage.

In case any of these conditions are absent, the Muta marriage can be declared unlawful.

Essential Elements Of Muta Marriage

• Offer and Acceptance: An offer and an acceptance are what must be in one sitting, as in the case of Nikah.
• Duration: Very important; Muta is temporary and terminates automatically after the time predetermined for it.
• Dower (Mahr): A predetermined price should be agreed before the contract.
• Witnesses Not Required: The presence of witnesses is not a requirement for a Nikah.
• Limited Inheritance Rights: Inheritance is generally nonexistent between spouses unless otherwise agreed upon.

Rights And Obligations Of Parties In Muta Marriage

• Right to Dower: The woman has an absolute right to receive the agreed-upon mahr.
• Maintenance: maintenance must be provided only during the period of the marriage.
• no mutual inheritance rights: There are no mutual inheritance rights. Except for children outside the marriage, husbands and wives do not inherit from one another.
• Legitimacy of the any offsprings: Legal children born through a Muta marriage shall be allowed inheritance from both their parents.

Termination Of Muta Marriage

Termination of Muta marriage takes place by:

• Expiry of the fixed term: Accordingly, that term automatically dissolves the marriage when it ends.
• Gift of Term: Should the husband wish, he may expel even now himself from the term of the marriage by gifting the unused days to the wife.
• Death: Death of either spouse brings an end to the Muta marriage.
• Mutual Agreement: Either party can agree to terminate the marriage before the expiration of the stipulated time.

Legal Advantage Of Muta Marriage

• Flexibility: It affords short-term companionship without trigger commitment.
• Legal Cover: It legitimizes offspring with an entitlement to mahr.
• Cultural Relevance: It is important for those, who follow Shia jurisprudence.

Comparative Analysis With Other Marital Forms

Consequences Of Muta Marriage

• Legitimacy of Children : The children are legitimate and have rights of inheritance.
• No Proprietary Rights: Spouses have no rights in each other's property.
• Disinheritance: Spouses do not inherit from one another in a Muta marriage, unlike in an ordinary marriage.
• Legal Difficulties: These marriages may cause problems in case one party does not recognize Muta marriage (in case of inter-sect marriages).

Case Laws Of Muta Marriage Having Significance In Muslim Law

To know the legal status and consequences of Muta marriage in Muslim law in India, one needs to study the interpretation and verdicts delivered by the courts in respect to such marriages. Following is a list of some landmark and significant case laws indicating the legal principles, rights, and limits related to Muta marriage.

Asha Bibi v. Kadir Ibrahim (1909)

• Facts: In the case of Asha Bibi v. Kadir Ibrahim (1909), Asha Bibi claimed inheritance as a widow of a Muta marriage under Shia law after the demise of her husband. The legitimacy of the Muta marriage was denied by the other heirs.
• Legal Finding: The Muta marriage is valid under Shia Muslim law, according to the court, since Asha Bibi had complied with the essential conditions—settled consent, specified dower, and agreed duration of marriage. However, Shia law ruled that she was precluded from inheriting her husband unless it was expressly stated in the terms.

Anis Begum v. Mohammad Istafa Wali Khan (1933)

• Facts: In the case of Anis Begum v. Mohammad Istafa Wali Khan (1933), the plaintiff Anis Begum applied for maintenance and recognition as a wife under a Muta marriage, while the defendant denied the marriage's validity, asserting it was not a permanent Nikah.
• Legal Finding: The Privy Council upheld the validity of the Muta marriage under Shia law, ruling that when the essential elements—mutual agreement, specified dower, and fixed term—are properly fulfilled, the marriage is considered valid. However, the award of maintenance depended on the existence of the marriage and its duration.

Moonshee Buzloor Ruheem v. Shumsoonnissa Begum (1867)

• Facts: In the case of Moonshee Buzloor Ruheem v. Shumsoonnissa Begum (1867), the matter concerned the enforcement of personal Muslim law within the framework of a matrimonial dispute, specifically regarding the validity of the marriage and the obligations arising from it.
• Legal Finding: The Privy Council emphasized that family and matrimonial matters among Muslims in India are governed by their personal law. While the judgment did not deal exclusively with Muta marriage, it laid the foundational principle for courts to recognize marriage-related claims grounded in Muslim personal law.

Ms. Bibijan v. Mohammad Sulaiman (AIR 1945 Oudh 127)

• Facts: In this case a woman claimed legitimacy for her son born out of a Muta marriage and asked for the rights to inheritance.
• Legal Finding: The court held that, while Muta marriage may be temporary, under Shia law children born of such marriages are regarded as legitimate and are entitled to inherit from their father.

Sajna v. State of Kerala (2014)

• Facts: A woman who married under Muta maintains a right of claim whereas the man denied it. He alleged ill-treatment and deception against her in a criminal complaint.
• Legal Finding: The Kerala High Court held that Muta marriage is not recognized under Sunni law, and hence no validity

Conclusion

A little-known term in the public discourse about Islam, Mut'a is an act which occupies huge significance in Shia Islamic laws. The limited but legal recognition of this marriage in India among Shia Muslims shows the pluralistic approach of Indian law toward personal laws. This kind of marriage consists of rights and limitations-whereby the married partners should not inherit one another-as well as those of limited duration and dower obligations-having to do with legitimacy of children.

Indian courts have repeatedly asserted the legal status of Muta marriage through landmark judgments, rendering it valid under Shia law but not under Sunni practices. Therefore, it is very important to know what the condition of such marriage is in terms of legality, implications, and restriction.

Frequently Asked Questions (FAQs)

Here are answers to some of the most often asked questions concerning the legal and religious aspects of Muta marriage:

Q1: What are the conditions for Muta marriage?

For a Muta (temporary) marriage to be valid under Shia Muslim law, the following conditions must be fulfilled:

• Consent by both parties free and mutual.
• There should be a specified duration of marriage (hours to years).
• Mutually agreed, fixed amount of dower (mehr).
• Both should be competent for marriage (i.e., of sound mind and marriageable age). In absence of one of the above essentials, the marriage can be Invalid.

Q2: Is Muta marriage legal in India?

Yes, Muta marriage is considered legal in India only for Shia Muslims such as those from the Twelver sect. Indian courts have upheld its validity under Shia personal law. However, it is not recognized by Sunni Muslims, and such a marriage may be declared void under Sunni jurisprudence.

Q3: Is Muta haram in Islam?

The permissibility of Muta marriage is a matter of sectarian interpretation:

• Shia Islam (especially the Twelver Shia) considers Muta marriage permissible and valid.
• Sunni Islam considers Muta marriage haram (forbidden), as it was abrogated according to Sunni schools of thought. Hence, its status varies based on the Islamic sect one follows.

Q4: Can you do Muta with a virgin?

It is permissible to marry under Muta to a virgin according to Shia law, but if the woman is a virgin besides being unmarried, it is usually necessary to have the permission of her wali (he is generally referred to in the paternal or grandfather line). This is done to help guard her reputation.

Q5: Is polygamy illegal in India?

Legally, multiple marriages in India are based on religion:

• For Muslims, polygamy is allowed in personal law as long as it is validly conducted and can allow a husband to have as many as four wives.
• Most of the other religions do not allow such bigamy (Hindu, Christian, Parsi, etc.) and is punishable under Section 82(1) of the Bharatiya Nyaya Sanhita (BNS).