Here i will explain few basic fundamentals of this kind of marriage to a sect among Muslims called “Shia“. Sunni law says its totally wrong and a thing compare to “zina” while “Shia Law” has another aspect of this kind of marriage. Here i will explain that from Mulla’s Muhammadan Law.
According to Section 258 of Mulla’s Muhammadan Law
- The Shia law recognizes two kinds of marriage, namely (1) permanent, and (2) muta or temporary.
- A Shia of the male sex may contract a muta marriage with a woman professing the Muslim, Christian or Jewish religion, or even with a woman who is a fire – worshipper, but not with a woman following any other religion. But a Shia woman may not contract a muta marriage with a non-Muslim, (c)
- It is essentail to the validity of a muta marriage that (1) the period of cohabitation should be fixed, and this may be a day, a month, a year or a term of years ; (d) and that (2) some dower should be specified, the contract is valid. If the term is fixed, but the dower is not specified, the contract is void. But if the dower is specified, and the term is not fixed, the contract, though void as a muta, may operate as a ‘permanent” marriage. (f)
The following are the incidents of a muta marriage :—-
- (a) A muta marriage does not create mutual rights of inheritance between the man and the woman, but children conceived while it exists are legitimate and capable of inheriting from both parents (g) ;
- where the cohabitation of a man and a woman commences in muta marriage, but there is no evidence as to the term for which the marriage was contracted and the cohabitation continues, the proper inference would, in default of evidence to the contrary, be that the muta continued during the whole period of cohabitation, and the children conceived during that period were legitimate and capable of inheriting from their father (a) ;
- even if there is evidence of the term for which the muta marriage was fixed and cohabitation continues after the expiry of that term, the inference is that the term was extended for the whole period of the cohabitation and that the children conceived during the extended term are legitimate (b) ;
- a muta marriage is dissolved ipso facto by the expiry of the term. No right of divorce is recognized in the case of a muta marriage, but the husband may at his will put an end to the contract of marriage by “making a gift of the term” (hiba -i- muddat) to the wife, even before the expiration of the fixed term (c);
- if a muta marriage is not consummated, the woman is entitled to half the dower. If the marriage is consummated, she is entitled to full dower, even though the husband may put and end to the contract by giving away the unexpired portion of the term. If the woman leaves her husband before the expiry of the term, the husband is entitled to deduct a proportionate part of the dower (d) ;
- a woman married in the muta form is not entitled to maintenance under the Shia law. (e) But it has been held that she is entitled to maintenance as a wife under the provisions of Section 488 of the Criminal Procedure Code. (a)
The Sunni law does not recognize “muta marriages at all“. The expression “permanent” in sub -sec (1) is used in contradistinction to “temporary.” No Muslim marriage, either among Sunnis or Shias, is permanent in the sense which Christian or a Parsi marriage is, for the husband may divorce the wife at any time he likes.