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Among Indian Muslims also, besides, the permanent form of marriage that is Nikah, a system of temporary marriage, called muta marriage was found to exist. This form of marriage was practiced during Prophet’s time with the purpose to fulfill the physical needs only. It was permitted under severe circumstances during the time of jihad, but was prohibited immediately after the need for it vanished.
Muta Marriage: This was a marriage settled by a man and a woman by mutual consent without the intervention of kin. A man was permitted to contract muta marriage with a Muslim, a Jew or a Christian girl but a woman cannot contract such marriage with a non-Muslim. A wife secured through muta marriage was known as sigha. For the validity of this marriage, two essentials were necessary;
- the period of cohabitation had to be stipulated or prefixed, and
- the amount of dower had to be pre-determined.
If the period was not fixed but the dower was fixed, the marriage was regarded as permanent but if the period was fixed and the dower was not fixed, the marriage was considered as void. The children born during this period were considered legitimate and the woman’s kin had to own them. However, Muta marriage did not create rights of inheritance between the man and the woman. A sigha wife could not claim any maintenance, nor could she inherit her husband’s property. But the children being legitimate had a share in their both parents property. The muta marriage did not recognize the right of divorce. But a husband could put an end to the contract by making a gift of the remaining period to his wife. If the marriage did not consummate, only half of the dower settled was given, but if it consummated, full dower had to be paid.If the woman left her husband before the expiry of the term, the husband was entitled to deduct a proportionate part of the dower. Muta marriage was condemned in the Islamic Law because
- The woman in this marriage did not leave her home,
- Her people gave up no rights which they had over her, and
- The children of the marriage did not belong to father and could not be affiliated to his clan.
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