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1. MUTA MARRIAGE
Presented by:
Sonakshi Kumar
Symbiosis Law School, Pune
20010143001

2. Muta Marriage-
“Marriage of Enjoyment”

3. Introduction
 Muta marriage is recognized in Shia School.
 It is a temporary marriage unlike Nikah or a permanent
marriage.
 Its is merely a marriage for pleasure.
 The duration of Muta marriage is fixed some and dower is
specified.

4. Meaning
 Mutah- it literally means ‘joy’.
 This gives rise to the conditions where rules of Islam are
relaxed.
 ‘Contract between a man and an unmarried woman, be she a
virgin, divorced or widowed in which both the period and the
marriage shall last and the amount of money to be
exchanged must be specified.

5. Essentials
 Term of the muta marriage must be specified.
 Sohrat Singh v Jafri Bibi
 The duration must be mentioned in the contract and if the
period is not mentioned than it shall be rendered as
permanent marriage.
 Some dower must be specified.
 S.A. Hussain v/s Rajamma
 Offer and acceptance.
 No witness necessary.
 The rule of limiting wives is not specified.

6. Background
 Primarily it was practiced for those who had to stay away
from home, man marries a divorcee or widow temporarily so
that they would take care of each other for that time.
 Such is now considered obsolete.

7. Nature and Scope
 The contract for temporary marriage can be drawn for 1 hour
to 99 years.
 There must be specification of monetary benefit for bride.
 No witnesses are required, no cleric required to solemnize
the marriage.
 Marriage automatically dissolves at the end of the stated
period.
 The temporary husband and wife can renew the contract
after the expiry of the contract.

8. Contd…
 Husband has unilateral rights to revoke the contract but must
pay the amount agreed upon.
 The woman can not revoke the contract but she can refuse to
be intimate with him or even leave him, but then she has to
pay back a part of the amount agreed upon.
 It clearly envisages upon the concept that women are inferior
to men.

9. Legal Consequences of Muta
Marriage
 No mutual rights of inheritance between Husband and Wife.
 Children birn are legitimate and have right to inheritance.
 If marriage is not consummated, wife is entitled to only half
dower.
 Wife has to undergo iddat for 2 courses, if the marriage is
consummated.
 Mahomed Abid Ali Kumar Kadar vs Ludden Sahiba
 The marriage stands even after expiry of the term if the
cohabitation lasts.

10. Thank you!