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What Is Muta Marriage in Muslim Law

8. A muta wife is not entitled to maintenance under Shia law. However, she was declared dependent under the provisions of article 125 of the 1973 Code of Criminal Procedure in the case of Luddun v. Mirza Kumar. In the hadiths and other sayings mentioned by early Muslims, the word “mut`a” itself is usually used. Shiites believe that this particular term is the preferred name for temporary marriage because the Qur`an itself refers to this type of marriage, which uses a term derived from the same root. In the next verse, the word istimta`, the tenth verbal form of the root m-t-`, is translated as “to enjoy”: in addition, a contract follows the intentions of those who conclude it, so if the period is not mentioned, the marriage cannot be transformed into a permanent marriage, because that was not the intention. In this context, a hadith was reported by Imam Ja`far: “There will be no courage without two things: a fixed deadline and a specified dowry.” 37 Despite this view, the majority of `Ulemas` consider that the contract does not become invalid if the time limit is not mentioned; On the contrary, marriage becomes lasting. These researchers argue that a marriage contract is concluded for a temporary or permanent marriage.

If a period is mentioned, the contract applies to mut`a; But if it is not mentioned, the contract is for permanent marriage. If the marriage has been consummated and the woman knew the invalidity of the contract, she cannot be entitled to a dowry, since it is a fornication and there is no dowry for fornication. It is recommended that a Muslim man only enter into a temporary marriage with a chaste Muslim woman. Here, with “chaste” (afifa), classical authors think of someone who has never committed fornication and who follows Sharia law in his activities. Specifically, the adjective refers to a woman who has observed Sharia laws regarding marriage and is generally honest and sincere. “Most middle-class women understand the institution of temporary marriage in its traditional configuration as a male prerogative,” Haeri writes. “This has certainly been the case in the past, but with the changes led by the Islamic regime, it cannot remain that way.” She says urban middle-class women are reluctant to “seize the opportunity and really rethink issues of virginity, gender relations and sexuality.” She is one of a significant number of young British Muslims who use temporary marriage to reconcile their religious beliefs with their modern Western way of life. The treaty of mut`a is not simply an exchange of goods, but a marriage. Even though it is defined as “rental”, it is also different from an exchange. Therefore, it is sufficient that any possibility of misunderstanding that might result from the fact that the dowry is not seen is eliminated.

In the case of property that is not present, it is sufficient to describe the dowry in such a way as to eliminate the woman`s ignorance, that is, to describe it exactly as it is.46 A man is not allowed to marry the daughter of his sister-in-law or brother-in-law without his wife`s permission. If a contract is entered into without their consent, it is invalid or suspended until they give their permission.21 With these two exceptions, the parents who are not allowed to marry are the same as in permanent marriage. And you are allowed to look for women with your wealth in decent behavior, but not in fornication, but give them their reward for what you appreciated about them, according to your promise. (4:24) If the marriage has already been consummated and the woman did not know that the contract was invalid at the time of sexual intercourse, then she should receive the “normal dowry.” Here is the consideration that the fact of sexual intercourse must be honored and compensated. As the contract is invalid, the “indicated dowry” is declared null and void; Therefore, the normal dowry must be paid.60 The word “muta” literally means “enjoyment, use.” It is a “wedding for pleasure” for a certain period of time, also known as a temporary wedding. The institution of muta, which was quite common in Arabia before and at the time of the Prophet, is not recognized today by any Muslim law school in India, with the exception of the Shiite Ithna Ashari or Shia school. In practice, however, the institution of muta marriage in India is almost obsolete. It is also reprehensible to enter into a temporary marriage with a virgin without exception, because of the words of Imam Ja`far: “It is reprehensible because it is a horror for his family.” 29 If, nevertheless, a contract were to be concluded, the man is not allowed to solemnize the marriage unless the marriage took place with the permission of his father, a situation almost impossible to imagine in Muslim society. “A virgin cannot be married temporarily without her father`s permission” (Imam al-Rida).30 Unlike those who believe that a temporary marriage is transformed into a permanent marriage if the period is not mentioned, al-Shaykh al-Ansari writes that temporary marriage and permanent marriage are two different realities.

Although the word “marriage” is used for both, it does not mean that they share the same nature. The difference between the two is not to say that one is an unconditional marriage and the other is conditional. Some sources say that the Nikah Mut`ah has no prescribed minimum or maximum duration,[10] but others, such as the Oxford Dictionary of Islam, claim that the minimum duration of marriage is controversial and that a duration of at least three days, three months or one year has been proposed. [1] It is difficult to collect statistics on mut`a in Iran because such marriages do not need to be registered. This also applies to India. Shia scholar Kalbe Sadiq says that mutes make up perhaps 2% of all marriages among the twelve Shiites in India. “It`s just an option, not a constraint,” Sadiq said. “It`s more like a drug, but when it`s abused, the drug can become poison. Even the abuse of permanent marriage causes chaos, doesn`t it? Marriage muta has its own advantages and disadvantages, but it cannot turn a blind eye to the fact that it is in fact a form of Islamic prostitution and that such a practice should be curbed in order to end discrimination on the basis of sex and promote equality between women and men, a concept that is barely seen in patriarchal Muslim law centered on men. Marriage muta is another practice that favors Muslim men more than women. In D Velusamy v. D Patchaiammal, the court ruled in 2010 that the couple had to have lived together for a reasonable period of time for a civil partnership to be considered a “conjugal relationship” in order for society to consider them spouses.

Mut`a does not suffer from such a disadvantage – the terms of the marriage contract are binding on the couple, regardless of the length of their relationship. If it turns out that the contract is invalid because the woman already has a husband, or because she has to meet a waiting period because of a previous marriage, or because it is forbidden to the man by a family relationship or for any other reason, one of the following measures must be taken: If it turns out that the contract is ineffective, before the marriage is consummated, the woman does not receive a dowry. Only a valid contract or the fact of sexual intercourse guarantees the payment of the dowry. Al-Shahid al Thani asserts that there is a consensus among the ulema on this point.63 So, if Mut`a`s contract is invalid because the period has not yet been determined, the contract will be a permanent marriage. Here they quote the principle of “justness” in relation to the contract, To support their argument, they mention a hadith of Imam Ja`far: “When a deadline is given, the marriage is mute; If not specified, it is permanent,38 In some works, a special term is used for women who participate in Mut`a: musta`jara or “praised woman.” .

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