Mutta (enjoyment or use)

Mutta marriages need to be fixed in timeline fixed by agreement. If not fixed the wife could
claim property from father's share. Dower means money should be fixed in return. Siya
women's are not allowed to muta marry non-muslims. Sunni muslims do not belief. Child
born out of it legitimate and Father not responsible for child unless mentioned.
Halala marriage.
The women who divorced her husband and now she  wants to remarry him then the women
needs to marry other (Maulvis) and divorce him and then remarry her ex-husband.
Syed Amanulla Hussain vs Rajamma
Syed Amanulla married Rajamma (Harijan female) she got converted in Islam and this was
mutta marriage and no period was fixed and husband died. No case of inheritance was filed.
The husband other wife said mutta marriage she received dower and hence not liable. The
court held no time-limit prescribed hence valid marriage.
Hiba-a-muddat: Muta marriage cannot be terminated by saying "talaq, talaq, talaq".

TOPIC 3 FOR INTERNALS:

Dower/Meher: Here the husband is paying some consideration to wife. Why? Since women
are the sufferers they do not get many rights in marriage. So for the survival and livelihood of
the wife and children in case of divorce or husband's death, dower is given to wife. Amount is
always fixed and is mentioned in nikkah nama.
Types of dower:
1. Specified dower ( Mehr-i- Musamma) -Amount of dower is specified and settled by
husband. If the husband is minor then the amount is specified by the guardian and it should
be more than 10 dirams. subdivided into:
A. Prompt dower (Mehr -i- Mu'ajjal) - immediate dower. Portion of dower payable on
demand is prompt dower. Wife can demand for the dower before or after the consummation
of marriage. If the wife does not receives the prompt dower on demand then she can choose
not to live with her husband until the prompt dower is received. She can also file a suit for
recovery of the prompt dower
B. Deffered dower ( Mehr-i- Muwajjal) - Dissolution of marriage due to divorce or death of
husband.
2. Proper dower - Proper dower is basically the amount settled upon by comparing the other
female members of the family. However, at the time of marriage it can be fixed in a contract,
it can be claimed later and can also be paid in part payments. Proper dower in shias does not
exceed more than 500 dirams. There is no cap on proper dower in Sunnis, however the limit
is set according to the father's financial condition.
3. Confirmation of dower:
4. Remittance of dower: Wife can remit a part or whole of dower to her children or back to
her husband.
TOPIC 4 FOR INTERNALS:
Talaq ae hasan - 3 pronouncement of talaq in 3 successive cycles. The talaq should not be
pronouncement when the wife is in here menses. Only the talaq pronounced in the cycle of
purity of wife is considered to be valid. After the last pronouncement the talaq is considered
to be done. It's a less approved form of divorce as it is irrevocable and can be dissolved.
Talaq ae ehsaan - revocable in nature. Most approved form of talaq.
Talaq ul biddat - the pronouncement of talaq three times consecutively in a single tuher. Not
recognized by shias, only sunnis recognise this form of talaq. It is an irrevocable form of
talaq. It is considered as a sin. Once the talaq is done, only way the divorced couple can be
together again is through Halala marriage.
Shias do not recognize any irrevocable form of marriage and are strictly against this talaq ul
biddat a.k.a. Triple Talaq.
Constructive form of talaq:
Ila - (vow of continence) - here the husband takes an oath of not having physical relationship
with her wife. Thus the marriage is not consumated. The oath is taken for four months. After
the expiry of four months, if the marriage is not consumated, the marriage is dissolved and
irrevocable and if within the four months the couple starts living together and have physical
relationship then the marriage will not be dissolved. Even after dissolution a court order is
required to make the dissolution of marriage valid, as per Shias. Or else, wife can file a suit
for restitution of conjugal rights. This form of divorce is not practiced in India, but in the
countries like Iran, Iraq and Saudi Arabia one can find this form of divorce prevailing.
Zihar - Husband is comparing his wife with his mother or sister. It is an outdated form of
talaq. When the husband within four months states that my wife is like my mother and sister,
the couple is said to be divorced. Here also, a court order is required for the marriage to be
dissolved. Here the muta marriage comes into practice. If muta marriage is to be dissolved
then the couple can use the way of Zihar. Or else, wife can file a suit for restitution of
conjugal rights. If the husband wants to revoke the zihar, wife cannot go to the court of law
for restitution of conjugal rights. However, the husband will have to compensate to live with
her wife again by fasting for two months and by freeing a slave.
Saiyyad Ahmed vs. Anisa Khatoon (1932).
In case the if wife does not marry another men and reunites with his ex-husband without
halala marriage and starts cohibiting with his ex-husband it will be considered unlawful and
the kids produced from this unlawful cohibiting will be considered illegitimate.
Fazlur Rehman vs. Aisha (1929).
In this case it was observed that different Schools has different interpretations as far as the
verses of Quran are concerned.
Two forms of divorce by mutual consent: -
Khula - here the women has the right to divorce the husband. She can't speak that she has
divorced her husband as it is considered a sin. Condition of getting the divorce is that she has
to return the Mehr back. If they are going through judicial divorce then the court has to agree
the same. And if it is on mutual consent then the husband has to agree the same. Husband has
no power of revocation as it was agreed mutually. Only when the wife re claims the mehr
during her iddat period is when the husband can revoke the divorce and can stay together.
Mubarat: This form of divorce allows both the husband and wife to get separated mutually.
No claiming or re-claiming of mehr will take place as the couple have agreed mutually to get
divorced.