ভূমিকা
Shiavault - a Vault of Shia Islamic Books Islamic Question & Answer Querstion 18 : What Is Meant By Temporary Marriage? (muta'a) and Why Do the Shia Believe in It's Permissibility? ANSWER: Marriage is contract of union between the husband and wife; sometimes this relation is done in the permanent manner without any limits or boundaries mentioned in the marriage contract, and other times the same relation is formed in essence, but only during a limited span of time with a specified duration.
Both these marriages are considered legal and the only difference between them being that one is temporary, while the other one is permanent with a few similarities between them. The following conditions are as creditable in the temporary marriage as is with the permanent one. Both the man and woman should not be legally prevented with kinship, among other legal formalities or else the marriage contract can be nullified.
The dowry accepted by both sides should be compromised in the marriage contract. The period of marriage ought to be specified. The legal contract should be formalized. The child born out of this marriage is their legal child and should be named after the parents. The child is dependent on his father and the procedure of inheritance is also valid for him and is considered his legal right.
When the period of this marriage terminates, and if it happened that the woman has not reached the stage of menopause, she should consider the waiting period 'Eddah' before entering into another marriage contract, and likewise if she is pregnant, she should also refrain form getting married until she gives birth. Other rules that regard the permanent marriage should also be regarded in the temporary marriage.
The only difference being that since the temporary marriage is legislated to overcome the necessities, the wife's maintenance is not upon the husband and if the woman does not stipulate the right to inherit her husband's property in the marriage contract, she will not be able to inherit it in the long run. Thus it is quite obvious that these two differences have no such effect regarding the essence of Marriage itself.
We all believe that the Islamic religion is of the universal kind that fulfills all the needs of mankind.