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.

Read Next:
1. What Is Bigamy Under Indian Laws and What Happens When a Hindu Converts to Islam for Second Marriage
2. Legality of Child Marriage Under Indian Laws

What Is Muta Marriage and What Are Its Conditions
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6 Differences Between Rioting and Affray

1. RELEVANT SECTION IN IPC

• Rioting is given under Section 146 of IPC.
• Affray is given under Section 159 of IPC.

2. ESSENTIALS OF RIOTING

• There must be an unlawful assembly.
• The accused must be a member of such an unlawful assembly.
• Force or violence must be used by such unlawful assembly or by any member of such assembly.

ESSENTIALS OF AFFRAY

• A fight between two or more persons.
• It must be in a public place.
• The fight must disturb public peace.

3. PLACE

• Rioting may be committed at any place, whether public or private.
• Affray is committed only in a public place.

4. NUMBER OF PARTIES

• In rioting, there must be a minimum of five persons.
• In affray, a minimum of two persons are required.

5. PUNISHMENT

• In rioting, every member is punishable irrespective of whether he has actively participated or not.
• In affray, only those persons are punished who are participating.

6. NATURE

• Rioting is more serious in nature.
• Affray is less serious in nature.

Related:
1. Chapter VIII (141-160) of IPC – Offences Against the Public Tranquility. It talks in-depth about rioting, affray, etc.
2. What Are the Laws Related to Rioting in India?

What Are the Differences Between Rioting and Affray
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What is the Meaning of Onerous Gifts in Property Law

Section 127 of the Transfer of Property Act, 1882, defines onerous gifts. This section regarding onerous gifts is based on the maxim- ‘Qui sentit commodum, sentire debet et onus‘ which means ‘he who receives advantage must bear the burden also.’

The rule is that if a gift is in the form of single transfer to the same person of several things of which one is burdened by an obligation, and the others not, the donee can take nothing by the gift unless he accepts fully.

The principle is that he who accepts the benefit of a transaction must also accept the burden of the same.

But where the gift of several properties is made in the form of two or more separate or independent transfer, the donee is at full liberty to accept any of them and reject the rest.

Meaning of Onerous Gifts in Transfer of Property, 1882
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HEADINGS:
1. What is Jurisprudence
2. Function of Jurisprudence
3. Nature of Jurisprudence
4. Is Jurisprudence Art or Science
5. Scope of Jurisprudence
6. Utility and Importance of Jurisprudence
7. Jurisprudence in Daily Life

What is Jurisprudence

Jurisprudence is ‘the Eyes of Law.’ In the human body, the eyes are one of its most essential parts. Most of the human activities and movements of a man’s body are possible only through them. Unless a man can see anything correctly, he can’t do any work properly. Jurisprudence is called the ‘the eye of law’ because jurisprudence functions for law like eyes do for the human body.

For example: It is a difficult task to interpret the law. Students and even lawyers sometimes fail to reach to the intention of the legislature while interpreting the law. This is where jurisprudence assists them and makes decoding the law easy.

Function of Jurisprudence

The core function of jurisprudence is to study the origin of law; From where a particular law has developed and traces back its origin as to how that law has contributed towards society. The matters related to birth, marriages, death, succession, etc., are equally controlled through laws. As a result, jurisprudence has a lot of applications in civil life.

Nature of Jurisprudence

Jurisprudence, in its nature, is a different subject. It is neither a procedural subject nor a substantive subject. It is the mainstream of whole law, from where the different laws originate. It is not a codified law like the Indian Penal Code, Criminal Procedure Code, or the Constitution. Jurisprudence being an ever-growing and dynamic subject has no limitation on itself.

Is Jurisprudence Art or Science

Many authors and jurists came in the timeline, and everyone gave different opinions or views regarding the nature of jurisprudence. It is called both art and science. But to call it or prove it to be science is more appropriate. The reason for this is that, in science, we draw conclusions after doing a systematic and logical study by applying new methods and techniques. Similarly, jurisprudence is concerned with the fundamental principles of law, and thus calling it science is a bit more suitable.

Scope of Jurisprudence

According to Justice P.B Mukherjee, “Jurisprudence is both an intellectual and idealistic abstraction as well as a behavioural study of man in society. It includes political, social, economic, and cultural ideas. It covers the study of man concerning to state and society.”

Every jurist or thinker does not construct his research study on the rules already made but tries to understand their utility after due consideration. This is the reason jurisprudence has no limited scope and is a developing subject.

Utility and Importance of Jurisprudence

Many times it is said that jurisprudence being an abstract and theoretical subject, has no use in the day-to-day world. It only contains theories to study and adopt with no practical implications. But it is not correct or appropriate to make such a statement. Its utilities are as under:

1. Salmond attracted everyone’s attention to the fact that jurisprudence has its inherent interests like other subjects of law. For so long, the research work done on jurisprudence may have their effect on contemporary socio-political thought or idea.

2. Jurisprudence also has its practical applicability in one way or the other in the field of law. It helps advocates in practice to apply and adopt different legal theories whenever required.

3. It is considered as a secondary or subsidiary subject but has a high value in educational institutions. Jurisprudence is an essential subject for the study of law. The logical analysis by jurists of legal concepts and theories broadens the outlook of advocates and sharpens their sensible technique to look a case effectively. It helps lawyers overlook their rigidness and formal nature and trains them to work and focus on social realities.

4. Holland observed, “the ever-renewed complexity of human relations call for the increasing complexity of legal details, till a merely empirical knowledge of law becomes impossible.” From this, we can derive that jurisprudence throws light on the basic ideas and the fundamental principles of law in society. This is the reason it is considered as “the eye of law.”

5. The study of jurisprudence helps students, interns, and all practicing advocates in developing the correct thinking and prepares them for an honest life ahead. The knowledge of law also helps them to face every necessity related to human affairs boldly and courageously.

Jurisprudence in Daily Life

“Ignorance of the law is no excuse” is a saying well known throughout the world. Therefore, it is of prime importance to understand the correct basic principles of law which are contained only in jurisprudence. It is therefore mandatory that all the people in the country, whether they belong to the fraternity of law or not, should have the sound knowledge of the law. Every person must know the law of his land. And this is possible only with the help of jurisprudence!

Definition, Utility, and Importance of Jurisprudence
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