What is Mutta
Marriage?
Mutta marriage is a kind of
temporary marriage recognised in the Shia school of law. The term Mutta implies
enjoyment or use. Mutta marriage is a marriage for a temporary but a fixed
period after specifying dower. It is not recognised in Sunni Law because
according to that School the marriage contract should not be restricted in its
duration and the words used at the time of proposal and acceptance must denote
an immediate and permanent union. Thus under Sunni Law, a marriage specifically
declared for a limited period is void but under Shia Law such marriage is
valid. The specified period may be for a month or a year. The restrictions of
religion of the parties are the same as in ‘Nikah,.
Essentials of Mutta Marriage:
Following are the essentials of Mutta marriage:-
1. The
period for which the union is to last should be fixed at the time when the
Mutta is contracted. It may be for a day, a year of for number of years.
2. Some
dower should be specified in the contract. When the term and the dower have
been fixed, the contract is valid. If the term is fixed, but the dower is not
specified, the contract is void. But if the dower is specified, and the term is
not fixed, the contract through void as Mutta, may operate as permanent
marriage.
3. The
rule of limiting the number of wives to four as regards regular marriages, does
not apply to Mutta marriage. (Baillie)
Where two persons having married
under the Mutta form for a fixed period continue to live as husband and wife
beyond the expiry of that period or till the death of the husband, the
presumption in the absence of evidence to the contrary will be that the
marriage had been extended.
Legal incidents: The following are the legal incidents of Mutta
marriage:-
I.
No mutual rights of inheritance between parties
are created. It is still a moot point as to whether an expresss situation that
there should be mutual or unilaterial rights of inheritance would be valid or
not.
II.
The children born out of such marriage are
legitimate and have right of inheritance from both the parents.
III.
The marriage is dissolved )ipso facto) on the expiry
of the fixed period or by mutual
consent.
IV.
Divorce is not recognised in Mutta marriage. The
husband may, if he likes, make a gift of the unexpired period to the wife which
is called Hiba-i-mdaddat.
V.
If a marriage is consummated, the wife is
entitled to get full dower ; if the marriage is not consummated she is entitled
to half dower.
VI.
The wife is not entitled to maintenance but she
may claim maintenance under Section 488,
Criminal Procedure Code.
VII.
There is no minimum time for duration of Mutta
marriage. Where cohabitation continues beyond the specified period for which
Mutta marriage was contracted, it has been held in the case of Shea Bharat
Singh V Jafari Bibi that the term if Mutta may be treated as extended for
the period over which cohabitation continues and the issues born after the term
of Mutta, are legitimate and entitled to inherit from both the parents.
VIII.
There is no limit to the number of wives.
IX.
The husband is not bound to provide residence to
the Mutta wife.
X.
The Mutta wife is required to observe Iddat in
case of death of her husband for a period of four months and ten days. In case
of pregancy this period is to be extended til delivery.
In the cases of
dissolution (not by death) Iddat is necessary only if the marriage has been
consummated. In this case the period is two menstrual courses if she is in
menstruation and forty-five days if she is not menstruating
A Mutta wife
does not forfeit her dower on the ground of infidelity so long as it does not
prevent her from being at her husband’s disposal.
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