‘Muta Marriage’ is to be considered as a temporary Marriages under the Athna Ashria School, Muslim law.
In Muslim law, Marriage is a strong bond, a binding contract that has been added to the Socio-religious facets, it provides the base for the partners to live with. The starting age of this religion was laid down in Arabia by the Prophet Mohammad, and all the rules and regulations of the Muslims are governed by the narrations and quotes given by him except some group that was related to the Sunni group.
The Muslim law is divided into many Schools of Jurisprudence and the Muslim community is also divided into two parts, the Shia and the Sunni. Both the community have their Schools and rules to run their daily life.
The Shia community’s School, the Athna Ashria School has the provision of many Schools under it and the concept of the Mutah Marriage comes under this School of the Shia Muslims.
Meaning of Mutah
In Muslim law, many great scholars have defined Mutah according to their intelligence. Similarly, Professor Fyzee states that ‘Mutah’ generally translates into ‘Pleasure’ and in the Shia context it means the ‘temporary Marriages’
In Islamic law, it is defined as the Temporary Marriage that is contracted for a limited period or fixed period and involves the payment of money to the female partner. And in Quran, it is mentioned in such language-
'And you are allowed to seek out wives with your wealth indecorous conduct, but not in fornication, but given them their reward for what you have enjoyed of them in keeping with your promise.'
Some important points in the Muta Mariage
- The parties must have attained the age of puberty that is 15 years.
- There must be free consent by the parties during the contract
- There is no restriction on the number of Muta Marriage
- The period for which the party wants to enjoy both need and the amount of Dowry should be mentioned in the ‘Nikah Nama
- The Cohabitation between the parties is valid.
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