Muta Marriage under Muslim Law

Muta marriage, also known as Nikah al-Mut’ah, is a unique and controversial form of marriage recognised mainly under Shia Muslim law. It is fundamentally different from the regular Nikah, which is a permanent marriage. Muta marriage is intended to be temporary and contractual in nature, usually with a clearly specified duration and agreed dower (Mehr).

The concept of Muta marriage is not universally accepted in the Muslim world. While the Ithna Ashari Shia school recognises it as a valid form of marriage, the Sunni schools of law consider it void and illegal. In India, the practice is rarely seen, mostly among the Shia Muslim communities.

What is Muta Marriage?

The word ‘Muta’ literally means “enjoyment” or “pleasure”. In the context of Muslim law, it refers to a marriage for pleasure, which is temporary in nature and ends after the completion of a specified period.

A Muta marriage is contracted for a fixed duration, which can range from a few hours, days, months, or even years. It is not intended to create a permanent relationship between the spouses. The contract must also specify the dower (Mehr) to be paid by the husband to the wife for the agreed period.

Quranic Reference: Shia scholars derive the legitimacy of Muta from verses in the Quran (Surah An-Nisa 4:24), which mention temporary enjoyment in return for a specified payment.

Essential Conditions of a Valid Muta Marriage

For a Muta marriage to be valid and enforceable under Shia law, certain essentials must be fulfilled:

Fixed Term

The most distinguishing feature of Muta marriage is the specification of a fixed period at the time of contracting the marriage. The period can be as short as a day or as long as several years. If no time period is mentioned, the marriage is treated as a permanent marriage (Nikah).

Specified Dower (Mehr)

• Dower or Mehr is a mandatory payment from the husband to the wife.
• The amount or nature of dower must be clearly stated in the contract.
• If dower is not specified, the Muta marriage is considered void.

Valid Contract

• There must be a proper contract with offer and acceptance (Ijab-o-Qabool).
• The parties must have attained the age of puberty and be of sound mind.
• Consent of both parties must be free and voluntary.
• The parties should not be within prohibited degrees of relationship.

Eligible Parties

• Only a Shia Muslim male can contract a Muta marriage.
• The woman can be a Muslim, Christian, Jew, or Zoroastrian, but not a non-Muslim man.
• If the man already has a permanent wife, he needs her permission to contract a Muta marriage. Without such permission, the marriage is not valid.

No Limit on Number

The rule of limiting the number of wives to four (as in permanent marriages) does not apply to Muta marriages.

Legal Incidents of Muta Marriage

No Mutual Right of Inheritance

• Muta marriage does not create mutual inheritance rights between husband and wife.
• However, if the contract specifically provides for inheritance, such a clause is enforceable.
• Children born out of Muta marriage are legitimate and can inherit from both parents.

Maintenance

• Under personal law, the wife is not entitled to maintenance from the husband after the termination of the Muta marriage.
• However, courts in India (such as the Calcutta High Court) have held that she can claim maintenance under Section 125 of the Code of Criminal Procedure, 1973.

Dower Rights

• If the marriage is consummated, the wife is entitled to the full dower.
• If the marriage is not consummated, she is entitled to only half of the dower.

Iddat (Waiting Period)

After the end of the Muta marriage, the wife must observe a waiting period or iddat:

• In case of death of husband: Four months and ten days.
• If she is pregnant, iddat continues until the child is born.
• If the marriage ends otherwise, the iddat is two courses (menstruations) or 45 days if she is not menstruating.
• If there is no cohabitation, iddat is not necessary.

Termination

• The marriage comes to an end automatically on expiry of the stipulated term, unless both parties agree to extend it.
• The husband does not have the right of divorce in Muta marriage.
• However, he can terminate the marriage early by making a “gift of the remaining term” to the wife.

Right to Refuse Procreation

The husband has the right to refuse procreation, i.e., he cannot be compelled to have children with the wife.

Muta Marriage vs Nikah: Key Differences

The table below shows the main points of distinction between Muta marriage and permanent Nikah:

Consequences of Breach of Muta Marriage Contract

• If the contract is invalid (e.g., due to lack of consent or prohibited relationship), it will be treated as void.
• If the husband fails to pay dower, the wife can claim it as per the terms.
• In case of an illegal object or condition, the marriage will not be enforceable.
• A wife can seek separation if the husband breaches the contract.
• If the husband refuses conjugal rights or fails in his contractual duties, the wife may be entitled to civil remedies.

Conclusion

Muta marriage stands as a controversial and largely misunderstood institution in Muslim law. Recognised only among Shia Muslims, it is almost non-existent among Sunni Muslims and is even viewed with suspicion or disdain by many.

While it allows a flexible and contractual form of union with certain advantages, the lack of permanent rights for women, risk of exploitation, and social stigma remain significant concerns. The Indian judiciary, while respecting the Shia personal law, has shown a tendency to protect women’s interests by allowing maintenance under criminal law, but not all rights available in a permanent marriage.