MUTA MARRIAGE AND

CLASSIFICATION OF
MARRIAGE
 MUTA MARRIAGE

It is a survival of pre-Islamic custom whereby the Arab women used to

entertain men in their own tents.
 Muta marriage is a temporary marriage.
Muta marriage is recognized in Shia only. Sunni law doesn’t recognize it.
A Shia of the male sex may contract a Muta marriage with a woman
professing the Mohammadan, Christian or Jewish religion but not with
any woman following any other religion.
 But a Shia woman cannot contract a Muta marriage with a non muslim.
 ESSENTIAL OF THE VALIDITY

• It is essential to the validity of muta marriage that

• the period of co-habitation should be fixed, and this may be a day, a month, a year or a term of years,
and that
• some dower should be specified.
• Contract is void if dower is not fixed
• If time not fixed marriage may be presumed permanent
• Receive full dower if marriage consummated
• Dower one-half if it is not consummated
• A muta marriage is dissolved by the expiry of the term. No right of divorce is recognized in the case
of a muta marriage, but the husband may at his will put an end to the contract of marriage by ‘making
a gift of the term’ to the wife even before the expiration of the fixed term
 LEGAL EFFECT OF MUTA MARRIAGE

• A muta marriage does not create mutual rights of inheritance between the parties, but
children conceived during its existence are legitimate and capable of inheriting from both
parents.
• If a muta marriage is not consummated, the woman is entitled to half the dower. But in
case the marriage is consummated, she is entitled to full dower.
• Also if wife leaves husband before the contracted period, still she is entitled for
proportionate dower.
• The woman in muta marriage is not entitled to maintenance.
• the wife not need to observe iddat, if ther is no consummation
• If the marriage terminates, after consummation, the iddat period is two monthly courses
or 45 days.
• Where the husband dies, the wife is required to observe iddat of 4 months and 10 days.
• If the wife is pregnant, the period of iddat extends until the delivery of the child.
• In Muta Marriage, there is no divorce. The marriage dissolved only by the expiry of time,
death of husband or wife, and when the husband leaves the wife
• if husband want to end it early then by mutual consent , he can do so by making gift of
remaining term.
 ESSENCE OF CONTRACT OF MARRIAGE
CLASSIFICATION AS VALID, VOID AND
IRREGULAR
• The asl (foundation)
• The asl or foundation includes the rukn (pillar or essential element) and sharait (conditions) that are
essential to the asl.
• Violation demolishes asl
• Contract cannot be rectified if an essential condition is violated
• Wasf (external attribute)
• It includes external attributes and conditions that are intrinsic to the wasf but will leave the asl intact
• Usually contract can be rectified if a condition related to the external attribute is violated
• On the basis of asl and wasf contract of marriage are of three types
1. Valid
Asl and wasf are both in order
Essential and additional conditions are in order
This contract has full legal effect
2. Irregular
Asl is in order but wasf is defective
Has some legal effects but offending factor acts as an obstacle
VALID MARRIAGE (SAHIH MARRIAGE)

• Under the Muslim Law, a valid is one in which all the essentials conditions of marriage are fulfilled.
• Such conditions are proposal & acceptance at one sitting, free consent, the capacity of parties, persons
of opposite sexes, a fixed amount of dower, and two witnesses.
• Legal effects;
• Following are legal effects of valid marriage;
• The cohabitation of husband and wife becomes lawful.
• Children from such marriage are lawful and legitimate. They have the right to inherit from the property
of the parent accordingly.
• The couple gets mutual rights of inheritance e.g. if a man and a woman marry each other, they will have
a mutual right of inheritance in the property of each other, as wife from husband’s property and husband
from wife’s property can inherit.
• The wife can claim Mehr (dower). Mehr is the right of wife in a valid marriage.
• The husband acquires the right to guide and prohibit the movement of the wife (for valid
reasons only).
• Prohibition of marriage due to affinity.
• After divorce, the wife becomes entitled to maintenance since iddat.
• The wife has to observe iddat & not to marry during iddat, in case of the death of her
husband or in case of divorce.
VOID MARRIAGE (BATIL MARRIAGE)

• A void marriage is one which according to Sharia does not come into existence at all. A void marriage is
unlawful from its beginning.
• According to F.D. Mulla
• “A void marriage is one which is in itself the prohibition against the marriage being perpetual and
absolute.
• These are outcomes of the following;
• Marriage through forced consent.
• The plurality of husband.
• A marriage contracted by parties suffering from absolute prohibition is void
• Legal effects;
• Following are the legal effects of void marriage;
• Sexual intercourse becomes unlawful.
• No rights and obligations conferred on parties.
• The children are unlawful and illegitimate.
• The wife does not become entitled to maintenance and inheritance.
• The wife has no right to claim dower.
 IRREGULAR MARRIAGE

• It is “an incomplete marriage”. It occurs as the two parties fail to fulfill the prerequisite norms required for a
valid marriage. An irregular marriage is good in its foundation, but unlawful in its attributes because of lack of
formality or the existence of some impediment.
• The lack of formality may subsequently be made up, or the impediment may subsequently be removed, then it will
become a valid marriage.
• A marriage under Muslim Law is irregular in the following cases if marriage happens;
• without witnesses (not under Shia Law).
• with fifth wife
• without the guardian’s consent.
• with a woman undergoing iddat.
• with non-Muslim or idolater, it will become valid if the woman is converted to Islam.
• A marriage which is the result of a bar of unlawful conjunction
• Legal effects;
• An irregular marriage has no legal effects before consummation but when consummated give rise to several
rights & obligations given below;
• The cohabitation of husband and wife is lawful.
• Children are legitimate. They will inherit from the property of parents.
• The wife can claim mehr only when consummation happens. If no consummation happens, then the wife
cannot claim mehr.
• No mutual rights of inheritance until the marriage becomes valid i.e. if the husband dies, the wife has no
right of inheritance to the property of husband and vice versa.
• If in such marriage, divorce happens, the wife needs not to observe iddat if not consummated.
• Irregular marriage is only in the Sunni School, not in Shia School.