Meaning of Muta Marriage
The meaning of ‘Muta’ is enjoyment. Muta Marriage is a marriage for a fixed period of time that is only for sexual pleasure. Muslim Law in the Shia sect (Athna Ashria school) recognises the concept of Muta Marriage.
Conditions and Essentials of Muta Marriage
1. The parties must have attained the age of puberty, which is above 15 years of age.
2. There is no restriction on the number of Muta wives.
3. There must be free consent by the parties.
4. The time period and Dower must be mentioned in the nikah nama.
5. The cohabitation between the parties is lawful.
6. The children born out of such marriage are legitimate and have the right to inherit the properties of both parents.
7. The 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.
9. The wife is entitled to get full Dower if the husband cohabits, but if the husband doesn’t cohabit, then the wife is entitled to half dower.
10. Divorce is not recognised under Muta Marriage.
Termination of Muta Marriage
Muta Marriage can be terminated by one of the following reasons.
1. Expiry of the time period.
2. Death of either party.
3. Hiba I Muddat, that is, husband gifts the unexpired term of the marriage.
Note: The parties must not be under a prohibited degree of relationship.
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