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MUTAH MARRIAGE: A CONCEPTUAL DISCUSSION

I. INTRODUCTION

Mutah Marriage is a kind of marriage among the Muslims recognized only by Ithna Asharia
Shias. Mutah in general sense can be defined as a temporary union of male and female for a
specific time period after payment of certain consideration. The literal meaning of word ‘Mutah’
is ‘enjoyment’. Therefore Mutah Marriage may also be regarded as marriage for the purpose of
pleasure. In earlier days of Islam, when the Arabs had to live away from their homes for a
considerably longer period of time either on account of wars or on trade-journeys, they used to
satisfy their sexual desires through prostitutes. However in order to avoid the growth of
prostitution in society and to confer legitimacy upon children of such unions, temporary
marriage was recognized and permitted by Prophet for some time. 1

II. ESSENTIALS OF MUTAH MARRIAGE

The essentials of Mutah Marriage are as follows:

 Firstly the parties must attain the age of puberty and must also possess a sound mind.
Guardians cannot contract Mutah of any minor.

 A Shia male may contract Mutah with any Muslim, Kitabia or a fire- worshipping
woman, but he has no right to contract Mutah with the woman of any other religion.

 The period for which the Mutah is being contracted must be clearly specified.

 The consent of both the parties must be a free consent and there must not exist any
prohibited relationship between the parties.

 The dower needs to be specified at the time of the contract. Where the dower has not
been fixed then Мutаh marriage is void. 2

1Ishad Sayed, ‘What is the Provision of Muta Marriage under Muslim Law?,’ Share your essays (Oct. 13, 2018,
1:20 a.m.), http://www.shareyouressays.com/knowledge/what-is-the-provision-of-muta-marriage-under-muslim-
law/117527
Apart from the above there is no restriction as to the number of Мutаh wives.

III. LEGAL EFFECTS OF MUTAH MARRIAGE

Following are the legal implications of Mutah Marriage:

 The cohabitation between the parties is lawful.

 The children are legitimate and have rights to inherit the properties of both the parents.

 A Мutаh wife is not entitled to get any maintenance from the husband under the Shia law.
However, she can claim maintenance under the Criminal Procedure Code of 1973.

 There is no such concept of divorce under Mutah Marriage.3 4

IV. MUTAH MARRIAGE: INDIAN SCENARIO

Mutah marriage is practiced in many parts of our country. If media reports are to be believed, we
will find that the city of Hyderabad is the epicenter of the Mutah Marriage practice. In the garb
of Mutah marriage, young and middle-aged Muslim women are pushed into prostitution. Some
affluent people from the country as well as from the middle East countries regularly visit
Hyderabad to have Mutah marriage which usually lasts for a period as short as one or two days
or little longer. Obviously, this legalized prostitution goes on in the name of religion.5

2Marriage » Mut'ah (temporary marriage) - Islamic Laws - The Official Website of the Office of His Eminence Al-
Sayyid Ali Al-Husseini Al-Sistani, Sistani. (OCT. 10, 2018, 4:00 p.m.),
https://www.sistani.org/english/book/48/2350/.

3Sayed, supra note 1.

4Supra note 2.

5Dr H C Upadhyay, ‘Why not ban ‘muta’ marriages of Muslim girls?’, THE HANS INDIA (Oct. 11, 2018, 1:30
p.m.), http://www.thehansindia.com/posts/index/Telangana/2017-09-11/Why-not-ban-muta-marriages- of-Muslim-
girls/325585
There have been many a court cases in India in regard of Mutah Marriage. But, most of the cases
before the Indian courts are in regard of the legitimacy of child born out of the mutah marriage
for the purpose of transfer of property.6

V. WAY AHEAD

Mutah marriage has its own pros and cons but one cannot turn a blind eye to the fact that it is
indeed a form of prostitution. The Sunnis have even termed it as a lustful act under a religious
cover. Thus, such a practice should be curbed in order to bring an end to gender discrimination
and promote equality of women to men. Therefore, this practice needs to be banned and we need to
educate both Muslim men and women about the evils of such practice. Further the government
should also take necessary steps by enacting stringent legislature to curb and discourage such
practice.

6Id.

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