Muta Marriage

 Astu Khandelwal & Shashwat Patwa
Symbiosis Law School, Noida, India

Volume-1, Issue-2, 2018

As per Duhaime’s Law Dictionary, Muta Marriage is a temporary marriage for a fixed period of time. A marriage is perceived as a legal institution because of the number of ‘pillars’ (arkan) and ‘statutes’ (ahkam) it comprising of. Muta Marriage, being a branch of marriage also consists of such components. This paper endeavours to cull out the legitimacy of Muta Marriage by highlighting them. Though Muta Marriage a very rare form of marriage in India, it is quite common in various regions across the globe. Hence to further reiterate the legitimacy of the notions of such marriage, its practices in Britain and Iran will be studied. The Indian perspective pertaining to the same shall also to put forth.  The legal impacts of marriage i.e. the right to divorce, right to inherit, legitimacy of child pertaining to Muta Marriage are also enumerated with reference to several case laws.

Light has also been thrown on the link of such arrangement with prostitution and how Muta Marriage has been used across the globe as a shield to get away from the clutches of persecution and a tool to derive enjoyment and pleasure, especially for the men and added misery and disgrace to the lives of the female sector of the society.

 

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