Muta marriage, also known as temporary marriage, is a form of marital contract recognised exclusively under the Ithna Ashari Shia School of Muslim law. The term Muta is derived from the Arabic root word meaning “enjoyment” or “pleasure”. Legally, it refers to a marriage entered into for a predetermined and fixed duration, with the payment of dower (mahr) being an essential component.
This type of marriage differs fundamentally from regular (permanent) marriages, as it is contractual, time-bound, and intended for companionship or intimacy for a specific period—be it a day, a month, a year, or several years.
Under Sunni law, however, Muta marriage is not recognised. Sunni jurists maintain that marriage is a permanent union and must not be limited by time. They hold that the words used at the time of proposal (ijab) and acceptance (qubul) must denote a permanent and continuous marital relationship. Therefore, a marriage explicitly contracted for a temporary period is considered void under Sunni jurisprudence.
In contrast, Shia law validates Muta marriage as long as the duration and dower are specified at the time of the contract.
Origin of Muta Marriage
The concept of Muta marriage traces its roots to pre-Islamic Arabia, where a form of temporary companionship between men and women was commonly practiced, especially during times of travel or wartime expeditions. In those times, it was customary for certain women to receive male visitors in their tents, engaging in temporary, non-binding relationships. These arrangements carried no legal or social obligations, and either party could freely terminate the relationship at will.
Importantly, the children born from such unions were generally considered to be under the exclusive care and responsibility of the mother, with no paternal claim by the male involved. This system served as a social convenience, particularly for traveling merchants and warriors who remained away from their homes for extended periods.
Transition to Islamic Context
When Islam emerged in the 7th century, this pre-Islamic custom was modified and regularised to align with the ethical and legal framework of the new religion. The Prophet Muhammad, in the early years of Islam, permitted Muta marriage under certain conditions, mainly as a temporary but legitimate marital contract for a specific duration.
However, Muta marriage under Islamic law is distinguishable from the pre-Islamic practice in two critical respects:
1. Fixation of Duration
2. Specification of Mahr (Dower)
Essentials of a Valid Muta Marriage
To constitute a valid Muta marriage (temporary marriage) under Shia Muslim Law, particularly among Ithna Ashari Shias, the following conditions must be fulfilled:
1. Specification of Duration
The duration of the marriage must be specified. It may range from a few hours to several years. If no duration is mentioned, the marriage is presumed to be permanent.
2. Fixation of Dower
A specific amount of dower must be agreed upon at the time of the contract. If the term of Cohabitation is not specified but the dower is fixed, the contract would be void as muta but valid as nikah [S.A. Hussain v. Rajamma, AIR 1977 AP 153]. But if the dower is not specified, neither muta nor nikah will ensue.
3. No Restriction on Number of Wives
The limitation of four wives, applicable in regular Muslim marriages, does not apply to Muta marriages. A man may contract multiple Muta marriages simultaneously.
4. Extension of Term by Conduct
If the spouses continue to live together after the expiry of the specified term, and there is no contrary evidence, it is presumed that the term has been extended by mutual consent till the continuation of cohabitation.
5. Capacity of Parties
Both parties must:
- Have attained the age of puberty,
- Be of sound mind,
- Not fall within the prohibited degrees of relationship under Muslim personal law.
6. Free Consent
Consent of both parties must be free and voluntary, without coercion, fraud, or undue influence.
7. Eligibility Based on Religion
A Shia male can contract a Muta marriage with:
- A Muslim woman,
- A Christian, Jewish, or fire-worshipping woman.
- He cannot contract Muta marriage with a woman of any other religion.
A Shia female, however, cannot enter into a Muta marriage with a non-Muslim male.
8. Offer and Acceptance
Like a regular marriage, there must be a valid offer (Ijab) and acceptance (Qubool) exchanged between the parties.
9. No Requirement of Witnesses
Unlike Nikah, witnesses are not essential for the solemnization of a Muta marriage.
Legal Effects of a Muta Marriage
A valid Muta marriage gives rise to specific rights and obligations, though they are more limited compared to a permanent marriage.
1. No Mutual Inheritance Rights
The spouses do not inherit from each other unless explicitly provided in a will or contractual provision. The relationship ends upon completion of the term without any succession rights.
2. Legitimacy of Children
Children born out of a valid Muta marriage are considered legitimate and are entitled to inheritance from both parents.
3. No Maintenance Beyond Term
The wife is not entitled to maintenance in Shia law.
4. No Divorce Necessary
There is no concept of divorce in Muta marriage. It automatically terminates upon the completion of the fixed period. However, the husband has the right to relinquish the remaining term, thereby ending the marriage earlier.
5. Iddat (Waiting Period)
Upon expiry of the term, the wife must observe iddat:
- Two menstrual cycles, or
- 45 days if she does not menstruate,
- Until delivery in case of pregnancy
6. No Right to Cohabitation
Unlike a regular wife, the Muta wife cannot claim conjugal rights or enforce cohabitation through the courts.
Legality of Muta Marriage in Light of the Holy Quran
The principal verse of the Holy Qur’an that forms the basis for the legitimacy of Muta marriage is Verse 24 of Surah An-Nisa, widely referred to by both Sunni and Shia hadith commentators as “the verse of Muta.” This verse is of central importance in Islamic jurisprudence as it outlines permissible marital relations while strictly prohibiting fornication. Notably, the verse clearly distinguishes between illicit sexual conduct and the lawful practice of Muta, thereby granting it scriptural endorsement.
The verse states:
“Forbidden to you are married women, except what your right hand possesses. This Allah has written for you, and all other women besides these are permitted to you, so that you may seek them out with your wealth, seeking chastity and not fornication. So when you have contracted temporary marriage [istimt‘atum] with them, then give them their wages. There is no sin on you for whatever you agree to after this. Indeed, Allah is Knowing, Wise.”
This verse affirms that temporary marriage, when entered into with the intention of chastity and formal agreement, is neither sinful nor illicit, provided it involves a fixed dower and mutual consent.
Differences between Muta and Nikah
| Point | Muta Marriage | Nikah Marriage |
|---|---|---|
| 1. Duration | Fixed period, decided at the time of contract | Permanent, continues until divorce or death |
| 2. Recognition | Recognised only by Shia Muslims | Recognised by both Sunni and Shia Muslims |
| 3. Inheritance | No mutual inheritance rights between spouses | Spouses inherit from each other |
| 4. Witnesses | No requirement of witnesses | Requires two adult Muslim witnesses |
| 5. Termination | Ends automatically on expiry of the fixed period | Requires formal divorce (e.g., Talaq or Khula) |
Conclusion
Muta marriage remains a significant yet controversial institution in Islamic personal law, especially due to its acceptance in Shia law and rejection in Sunni traditions. While it offers flexibility and acknowledges the social realities of temporary relationships, its potential for misuse and the divergence in jurisprudence continue to challenge its uniform acceptance. For legal scholars, understanding the Muta marriage is essential to appreciating the diversity and complexity of Muslim marital jurisprudence in India and globally.
References
[1] Aqil Ahmad, Mohammadan Law, 26th Edition (2016)
[2] Universal’s Guide to Judicial Service Examination, 19th Edition (2024)
[3] Surah, Available Here
[4] Muta Marriage, Available Here
[5] Mulla, Mohammedan Law, 7th Edition (2024)
