Difference Between Nikah and Muta Marriage under Muslim Law

Marriage is a fundamental institution in Muslim law, forming the basis for family, social relations, and legal rights. Under Muslim law, there are different forms of marriage, the most significant being Nikah (permanent marriage) and Muta (temporary marriage). While both serve to regularise the union between a man and a woman, they differ in nature, recognition, duration, rights, and consequences. Understanding these differences is important for anyone studying Muslim personal law or dealing with family law matters in India.

What is Nikah?

Nikah is the standard and permanent form of marriage under Muslim law. It is a civil contract with religious significance, recognised and practiced by both Sunni and Shia Muslims. Nikah is intended to create a lifelong partnership between husband and wife, with rights and responsibilities attached to both parties.

Essentials of a Valid Nikah

• Both parties must be Muslims, of sound mind, and have attained puberty. If either is a minor, their guardian can contract the marriage on their behalf.
• Free consent is essential; forced marriage is not valid.
• There must be an offer (Ijab) and acceptance (Qubool) in the same sitting.
• The parties must not be within prohibited degrees of relationship.
• At least two male witnesses, or one male and two female witnesses, are required under Sunni law. Shia law is more flexible on this point.
• The dower (mahr) must be fixed, though its absence does not invalidate the marriage.

Legal Consequences of Nikah

• The marriage is considered legal and permanent.
• Consummation is lawful.
• Children are legitimate and entitled to inherit.
• Both spouses have reciprocal rights of inheritance.
• The wife acquires the right to maintenance, dower, and residence.
• The marriage can be dissolved by death or by divorce.

What is Muta Marriage?

Muta marriage is a special form of temporary marriage recognised only under the Ithna Ashari (Twelver) Shia school. Sunni Muslims do not recognise Muta marriage, and for them, such a marriage is void.

The concept of Muta originated to provide a lawful alternative to illicit sexual relations (zina) when permanent marriage was not possible or convenient. It is essentially a marriage contracted for a specific period, which may range from a few hours to several years.

Essentials of Muta Marriage

• The male party must be a Shia Muslim and can contract Muta with a Muslim, Christian, Jew, or fire-worshipper (but not a Hindu). A female Shia can enter Muta only with a Muslim male.
• The period of marriage must be fixed in advance. If not, the marriage will be considered permanent (Nikah).
• The dower must be fixed and agreed upon at the time of marriage. If the dower is not fixed, the contract is void.
• Free consent, attainment of puberty, and non-prohibited relationship are required.
• The presence of witnesses is not necessary for Muta.

Legal Consequences of Muta Marriage

• Children born out of Muta are legitimate and can inherit from both parents.
• The marriage ends automatically on expiry of the term, by mutual consent, or on the death of either party. No formal divorce is required.
• The wife is not entitled to maintenance under personal law, but may claim it under Section 125 of CrPC (now Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
• If consummated, the wife is entitled to the full dower. If not consummated, she is entitled to half dower.
• There are no automatic mutual rights of inheritance between husband and wife unless expressly provided in the contract.
• The wife must observe iddat only in certain cases—if the marriage is consummated and in the event of death of the husband.

Key Differences Between Nikah and Muta Marriage

Nature and Duration

• Nikah is a permanent union, intended for life. It can be dissolved only by death or divorce.
• Muta is a temporary arrangement, contracted for a specified period, and ends automatically when that period expires

Recognition

• Nikah is recognised by all sects of Muslims—both Sunnis and Shias.
• Muta is recognised only by the Ithna Ashari Shia school and is void under Sunni law.

Purpose

• Nikah aims at establishing a lifelong companionship, procreation, and family stability.
• Muta mainly serves the purpose of enjoyment or temporary companionship, and to prevent zina (illicit intercourse).

Dower (Mahr)

• In Nikah, dower may or may not be specified. Its absence does not invalidate the marriage. The wife can claim it any time during marriage.
• In Muta, specifying the dower is mandatory. Absence of dower makes the contract void.

Witnesses

• Nikah generally requires witnesses (two males or one male and two females).
• Muta does not require witnesses under Shia law.

Dissolution and Divorce

• Nikah can be ended by death or divorce. Divorce requires formal procedures.
• Muta ends automatically with the expiry of the fixed period or earlier by mutual consent. There is no concept of divorce in Muta. Early termination can be made by “hiba-i-muddat”—the husband gifting the remaining period to the wife.

Maintenance

• The wife in Nikah is entitled to maintenance from her husband as long as the marriage subsists and during the iddat period after divorce.
• The wife in Muta is not entitled to maintenance under personal law, though she may claim it under the general criminal procedure law if destitute.

Inheritance Rights

• Nikah creates mutual inheritance rights between spouses; each can inherit the other’s property.
• Muta does not create such rights by default. Only children of the marriage inherit from both parents. Spouses do not inherit from each other unless expressly agreed in the marriage contract.

Number of Marriages

• In Nikah, a Muslim man can have up to four wives at a time.
• In Muta, there is no limit to the number of temporary marriages a man may contract.

Iddat (Waiting Period)

• In Nikah, the wife must observe iddat after divorce or death of her husband.
• In Muta, iddat is observed only in certain cases (after the husband’s death or if the wife is pregnant). If the marriage is not consummated, iddat is not required.

Comparative Table: Nikah vs Muta Marriage

Conclusion

Nikah and Muta marriage are two distinct forms of marriage under Muslim law, each with its own rules, procedures, and consequences. While Nikah is a permanent and universally recognised institution, Muta is a temporary arrangement valid only among Ithna Ashari Shias. The rights and obligations of spouses in Nikah are much more extensive and secure compared to those in Muta.