Definition and Concept
A Muta Marriage (or Sigha Mut‘ah) is a temporary marriage recognized in Shia Muslim law where the husband and wife agree upon a fixed period of duration for the marriage and stipulated dower (mahr). Unlike permanent Nikah, the Muta ends automatically when the agreed term expires. Under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, Shia Muslims are governed by their personal laws, which include the concept of Muta Marriage. The temporary nature of this union means that neither party has the same rights as in permanent marriage, such as inheritance. Muta marriage was traditionally used to regulate sexual relations within specific timeframes, though it is largely restricted today and not recognized by Sunni Muslims in India.
Essential Conditions and Legal Rules
For a Muta marriage to be valid under Shia law, the following conditions must be satisfied:
- Mutual consent of both parties.
- Specified period for the marriage is fixed at the outset.
- Dower (mahr) is agreed upon and paid or promised.
- No legal impediments, such as prohibited degrees of relationship.
Unlike permanent Nikah, the Muta marriage automatically dissolves when the term expires, without divorce proceedings. Children born of Muta marriages are legitimate and entitled to inheritance from their father under Shia law, though the mother does not inherit from the husband. Courts in India recognize Muta marriages only for Shia parties, with validity assessed under Shia personal law principles.
Importance and Legal Effect
Muta marriage plays a unique role in Shia Muslim personal law, providing flexibility for those unable or unwilling to enter a permanent marriage. It ensures the legal and financial rights of the woman during the marriage term and establishes the legitimacy of children born. Unlike Sunni law, where temporary marriages are prohibited, Shia law allows such unions within strict conditions, ensuring consent and stipulated terms. The recognition of Muta under Indian Shia law highlights the pluralistic application of Muslim personal law, balancing religious principles with personal and social needs while maintaining clarity about rights and obligations during the temporary union.
Real-Time Example
In Mulla’s Principles of Mahomedan Law (20th Edition), it is noted that a Shia man and woman entered into a Muta marriage for three months with a fixed mahr, after which the marriage automatically dissolved. During this period, the woman was entitled to maintenance and her mahr, while children born were considered legitimate and could inherit from the father. Indian courts have occasionally referenced this principle when adjudicating Shia personal law matters, emphasizing that temporary marriage rights are enforceable only under Shia jurisprudence and not under Sunni law.
Mnemonic to Remember
“MUTA = Momentary Union Termed Agreement”
- M – Momentary: Temporary marriage for a fixed duration
- U – Union: Between consenting parties
- T – Termed: Specified period decided in advance
- A – Agreement: Includes mahr and legal rights
About lawgnan:
Discover the concept of Muta Marriage under Shia Muslim Law at Lawgnan.in, your reliable platform for simplified legal explanations. Learn about the temporary nature of Muta, essential conditions like mutual consent, fixed duration, and stipulated dower (mahr), and the legal rights of women and children under this union. Understand its unique role in Shia personal law, how it differs from permanent Nikah, and its recognition under Indian law. With real-time examples and clear explanations, Lawgnan.in helps students, researchers, and legal professionals grasp complex Shia marriage principles efficiently, ensuring clarity on rights, obligations, and legal enforceability.
