Muta which refers to as pleasure ,is a temporary marriage which happens for a fixed period of time ,this kind of marriage was prevalent in Arabia and such a marriage is not recognized by any school of Muslim law in India ,it is only recognized by the Itha Asar Shia School ,however the practice and institution of Muta marriage is completely obsolete in India .

The Shia Law recognizes two kinds of marriage, namely

 (1) permanent, and

 (2) muta (literally means enjoyment or use) or temporary.

The fundamental difference between the two is that in the former the term is not specified while in the later it is. Sunnis do not recognize such marriage. ‘Muta Marriage is an ancient Arabian custom.

A shia male may contract a muta marriage with kitabia woman (professing Muslim, Christian or Jewish religion) or even with a woman who is fire-worshiper but not with a woman following any other religion. But a shia woman may not contract a muta marriage with a non-Muslim.

A Shia male can contract any number of muta marriages. All the requisite formalities of marriage, such as of offer and acceptance, have to be observed in the muta marriage. It is essential to the validity of muta marriage that:-

(1) the period of cohabitation should be fixed ( a day, a month, year , years) and that

The essentials of Muta marriage are:- 

(1) The period of cohabitation should be fixed. 

(2) Dower should be fixed.

 (3) If dower specified, term not specified, it could amount to permanent or regular marriage. 

(4) If the term fixed dower is not specified, it amounts to void marriage.

Effects of Muta marriage : 

1. Parties have no right to mutual inheritance 

2. Muta wife is not entitled for maintenance – But if in their contract it is so mentioned then husband is bound to pay or she may file Petition under Sec.125 of Cr.P.C. 

3. If marriage is not consummated, the wife is entitled for half of the dower. Also if the wife leaves husband before the contracted period, she is still entitled for a proportionate dower. 

4. When marriage is consummated, the wife is required to undergo an idda of three months 

5. In muta, husband has the right to refuse procreation Children of muta treated as the legitimate and inherit property of mother only.

6. Children of muta are treated as the legitimate and inherited property of the mother only.
7. Muta comes to an end after expiry of term, if the husband wants to end it early then by mutual consent , he can do so by making a gift of the remaining term.

Termination of Muta Marriage

Muta Marriage can be terminated by one of the following reasons.

1. Expiry of the time period.

2. Death of either party.

3 .Hiba I Muddat, that is, the husband gifts the unexpired term of the marriage,

Conclusion

The customs of temporary marriage have weakened or entirely destroyed the clean and family-centered concepts of nikah. As a result, it might be argued that Muta Marriage should be discouraged since it potentially undermines the female sector of society’s sense of self-respect and humanity.