Have you ever heard of contract marriage? How would you feel about marrying for a particular period of time? Are such marriages real or just a way to fulfil sexual desires? Though it is a subjective matter, a cultural practice only for religiously legitimising sex cannot be justified in any religion.
“Mut’ah Marriage” or Nikah Mut’ah
The Mut’ah marriage, or nikah mut’ah, is an ancient Islamic practice that allows man and woman to unite for a limited time. This union or the contract marriage can last for a few hours, days, months, or years. The practice was used so that a man could have a wife for a short while when travelling long distances.
However, the Muslim women are also delighted now and are celebrating the injustice happening to them.
It is more prevalent in Shia Islam. However, both Shias and Sunnis agree that, initially, or near the beginning of Islam, Nikah mut’ah was a legal contract.
A way to legitimise sex
Critics of these informal marriages stated that “They allow a person to have multiple sexual partners and use an Islamic cover for prostitution or the exploitation of women, with men taking on multiple “wives” for a number of hours.”
As per the reports, “Omar Ali Grant, a convert to Shia Islam, from London, has had around 13 temporary marriages but argues that he was just trying to find the right person to spend his life with.”
He also said, “Sex is not haram per se. In Islam sex doesn’t have negative connotations; it is not impure and is not dirty. What Islam is saying is sex has to be between consenting adults who are also responsible. Very often it is said that temporary marriage may amount to some prostitution, but it is not that.”
Ayatollah Milani said: “Islam does not permit relationships like those between a boyfriend and a girlfriend. So a nikah mut’ah gives them an opportunity to get to know each other before committing themselves to a full marriage.”
It is pertinent to note that there is a sectarian divide among Muslims on temporary marriage. While the mut’ah is practised by Shia Muslims, Sunni Muslims, on the contrary, consider it haram – forbidden. However, Sunni Muslims, practice other types of informal marriages as misyar and urfi.
Consequences of the marriage
- The union between the men and women is lawful and the children are legitimate. They have the right to claim the properties of both parents. However, the husband and wife have no mutual rights of inheritance.
- If the husband does not cohabit for the full term and leaves the wife, the wife can claim full dower. But, if the wife leaves her husband, then the latter has a right to deduct the amount of dower equal to the unexpired period of the duration.
- Though the wife is not entitled to get any maintenance from the husband under the Shia law; but she can claim the same under the Criminal Procedure Code.
- If consummation has not occurred, the wife need not observe any Iddat. But if the contract marriage terminates after consummation, the wife is required to undergo an Iddat of two monthly courses. However, if the marriage ends in the aftermath of the death of her husband, the mut’ah -wife is required to observe an Iddat of four months ten days.
- There exists no divorce in a mut’ah marriage. The marriage in this form dissolves:
- By the death of either party, or
- On the expiry of the specified period, or
- The husband leaves the wife before the expiry of the term.
Despite being objectified for such a nauseating form of a marriage; the women seemingly are enjoying the injustice. However, they should come forward to oppose the malpractice, irrespective of any religion, and set an example for women empowerment.