CONCEPT OF MARRIAGE AMONG MUSLIMS : A STUDY ON MUTA MARRIAGE

Abstract Marriage is a contract for the purposes of the legislation of intercourse, procreation of children and the regulation of social life in the interests of society by creating both rights and duties for the parties partaking in this social contract and also between the parties and the children born out of the aforesaid union. In Arabic dictionaries “Muta” is defined as ‘enjoyment, pleasure, delight’. Muta marriage also known as Nikah al-Mutah is a marriage for a temporary but fixed period with a Muslim female by a male Muslim, after specifying dowar. The specifics of temporary marriage remain unclear and enigmatic till date due to which the practise still remains stigmatised among many of the Muslims. Although referred to as a form of “legalized prostitution”, the practise is perceived to be better than the promiscuous western style by the clerics. Muta marriage has its own pros and cons but one cannot turn a blind eye to the fact that it is indeed a form of Islamic prostitution and such a practised should be curbed in order to bring an end to gender discrimination and promote equality of women to men, a concept is hardly seen in male centric patriarchal Muslim law