RAJ KRISHNA AND TERESA DHAR
CHANAKYA NATIONAL LAW UNIVERSITY, PATNA
[GUEST POST #3]
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I. INTRODUCTION
Mutah Marriage is a kind of marriage among the Muslims recognized only by Ithna Asharia Shias. Mutah in general sense can be defined as a temporary union of male and female for a specific time period after payment of certain consideration.
The literal meaning of word ‘Mutah’ is ‘enjoyment’. Therefore Mutah Marriage may also be regarded as marriage for the purpose of pleasure. In earlier days of Islam, when the Arabs had to live away from their homes for a considerably longer period of time either on account of wars or on trade-journeys, they used to satisfy their sexual desires through prostitutes. However in order to avoid the growth of prostitution in society and to confer legitimacy upon children of such unions, temporary marriage was recognized and permitted by Prophet for some time.1
Mutah Marriage is a kind of marriage among the Muslims recognized only by Ithna Asharia Shias. Mutah in general sense can be defined as a temporary union of male and female for a specific time period after payment of certain consideration.
The literal meaning of word ‘Mutah’ is ‘enjoyment’. Therefore Mutah Marriage may also be regarded as marriage for the purpose of pleasure. In earlier days of Islam, when the Arabs had to live away from their homes for a considerably longer period of time either on account of wars or on trade-journeys, they used to satisfy their sexual desires through prostitutes. However in order to avoid the growth of prostitution in society and to confer legitimacy upon children of such unions, temporary marriage was recognized and permitted by Prophet for some time.1
II. ESSENTIALS OF MUTAH MARRIAGE
The essentials of Mutah Marriage are as follows: • Firstly the parties must attain the age of puberty and must also possess a sound mind. Guardians cannot contract Mutah of any minor. • A Shia male may contract Mutah with any Muslim, Kitabia or a fire- worshipping woman, but he has no right to contract Mutah with the woman of any other religion. • The period for which the Mutah is being contracted must be clearly specified. • The consent of both the parties must be a free consent and there must not exist any prohibited relationship between the parties. • The dower needs to be specified at the time of the contract. Where the dower has not been fixed then Мutаh marriage is void.2 Apart from the above there is no restriction as to the number of Мutаh wives.
The essentials of Mutah Marriage are as follows: • Firstly the parties must attain the age of puberty and must also possess a sound mind. Guardians cannot contract Mutah of any minor. • A Shia male may contract Mutah with any Muslim, Kitabia or a fire- worshipping woman, but he has no right to contract Mutah with the woman of any other religion. • The period for which the Mutah is being contracted must be clearly specified. • The consent of both the parties must be a free consent and there must not exist any prohibited relationship between the parties. • The dower needs to be specified at the time of the contract. Where the dower has not been fixed then Мutаh marriage is void.2 Apart from the above there is no restriction as to the number of Мutаh wives.
III. LEGAL EFFECTS OF MUTAH MARRIAGE
Following are the legal implications of Mutah Marriage: • The cohabitation between the parties is lawful. • The children are legitimate and have rights to inherit the properties of both the parents. • A Мutаh wife is not entitled to get any maintenance from the husband under the Shia law. However, she can claim maintenance under the Criminal Procedure Code of 1973. • There is no such concept of divorce under Mutah Marriage.3
Following are the legal implications of Mutah Marriage: • The cohabitation between the parties is lawful. • The children are legitimate and have rights to inherit the properties of both the parents. • A Мutаh wife is not entitled to get any maintenance from the husband under the Shia law. However, she can claim maintenance under the Criminal Procedure Code of 1973. • There is no such concept of divorce under Mutah Marriage.3
IV. MUTAH MARRIAGE: INDIAN SCENARIO
Mutah marriage is practiced in many parts of our country. If media reports are to be believed, we will find that the city of Hyderabad is the epicenter of the Mutah Marriage practice. In the garb of Mutah marriage, young and middle-aged Muslim women are pushed into prostitution. Some affluent people from the country as well as from the middle East countries regularly visit Hyderabad to have Mutah marriage which usually lasts for a period as short as one or two days or little longer. Obviously, this legalized prostitution goes on in the name of religion.4 There have been many a court cases in India in regard of Mutah Marriage. But, most of the cases before the Indian courts are in regard of the legitimacy of child born out of the mutah marriage for the purpose of transfer of property.5
Mutah marriage is practiced in many parts of our country. If media reports are to be believed, we will find that the city of Hyderabad is the epicenter of the Mutah Marriage practice. In the garb of Mutah marriage, young and middle-aged Muslim women are pushed into prostitution. Some affluent people from the country as well as from the middle East countries regularly visit Hyderabad to have Mutah marriage which usually lasts for a period as short as one or two days or little longer. Obviously, this legalized prostitution goes on in the name of religion.4 There have been many a court cases in India in regard of Mutah Marriage. But, most of the cases before the Indian courts are in regard of the legitimacy of child born out of the mutah marriage for the purpose of transfer of property.5
V. WAY AHEAD
Mutah marriage has its own pros and cons but one cannot turn a blind eye to the fact that it is indeed a form of prostitution. The Sunnis have even termed it as a lustful act under a religious cover. Thus, such a practice should be curbed in order to bring an end to gender discrimination and promote equality of women to men. Therefore, this practice needs to be banned and we need to educate both Muslim men and women about the evils of such practice. Further the government should also take necessary steps by enacting stringent legislature to curb and discourage such practice.
Mutah marriage has its own pros and cons but one cannot turn a blind eye to the fact that it is indeed a form of prostitution. The Sunnis have even termed it as a lustful act under a religious cover. Thus, such a practice should be curbed in order to bring an end to gender discrimination and promote equality of women to men. Therefore, this practice needs to be banned and we need to educate both Muslim men and women about the evils of such practice. Further the government should also take necessary steps by enacting stringent legislature to curb and discourage such practice.
THE END
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