Muta Marriage in Islamic Law

A Muta marriage is a temporary marriage under Islamic law. Literally translated, a muta marriage is a ‘marriage for pleasure’, which is valid for a fixed period of time. Such a matrimonial practice is believed to have been practiced since the time of the Prophet in Saudi Arabia. The concept continues to be held valid in the modern school of Muslim law in India, except in case of the Shia’s and the Ithna Ashari Shiite’s. However, a marriage institutionalized under Muta has become almost obsolete in India.

Islamic Law: Important Legal Considerations for Parties to a Muta Marriage

A Muta marriage, first and foremost, does not create any rights of inheritance between the two parties to the marriage. 

Other important legal aspects to bear in mind are:

• Children conceived of a Muta relationship are legitimate and are also capable of inheriting from both parents.
• The right of divorce is not recognized in a Muta marriage. The husband is, however, entitled to end the contract before the term ends by making a gift (hiba-i-muddat) to the wife. Such a termination does not require the wife’s consent.
• Dower is mandatory for Muta. The wife is entitled to the whole amount of the dower if the marriage is consummated, and half the dower if the marriage is not consummated. Also, if a wife ends the Muta contract before the expiry of the term, the husband may deduct an appropriate proportion from the dower.
• A man may enter a Muta marriage with any number of women.

Islamic Law: Essentials of a Valid Muta Marriage

For the Muta marriage to be valid in Islamic law, there must be a proper contract stating a declaration and an acceptance. The contract must explicitly mention the term of the Muta marriage. Dower is another mandate of a Muta marriage and the agreement is void if it is not specified.