The concept of Muta Marriage is recognized under Muslim Law in Shia sect (athna ashria school).
The meaning of muta is enjoyment.
This is a marriage for a fixed period of time.
RULES OF MUTA MARRIAGE
1. The parties must have attained the age of puberty, that is above 15 years of age.
2. There is no restriction on the number of muta wives.
3. There must be a free consent by the parties.
4. The time period and dower must be mentioned on nikah nama.
5. The cohabitation between the parties is lawful.
6. The children born out of such marriage are legitimate and have right to inherit the properties of both the parents.
7. Husband and wife don’t have any mutual right of inheritance.
8. Muta wife is not entitled to claim maintenance under personal law but she can claim under Section 125 of CrPC. (link automatically opens in new tab.)
9. The wife is entitled to get full Dower if husband cohabits but if husband doesn’t cohabits then wife is entitled to half dower.
10. Divorce is not recognized under muta marriage.
TERMINATION OF MUTA MARRIAGE
1. Expiry of time period.
2. Death of the either party.
3. Hiba I Muddat (husband gifts the unexpired term of marriage)
Note: The parties must not be under prohibited degree of relationship.
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