Tuesday, 23 January 2024

What is basic concept of Muta marriage under muslim law and its implication on child born from such marriage?

 Muta marriage also known as temporary marriage, is a concept in Shia Islam that allows for a time-bound contractual marriage between a man and a woman. This type of marriage has a fixed duration specified in the contract, and it ends automatically when that duration expires. The duration can range from a few hours to several years, as agreed upon by the parties involved.

The concept of Muta has been a subject of controversy and debate within the broader Muslim community. While Shia Muslims consider it permissible under certain conditions, Sunni Muslims generally do not recognize or accept the practice. Many Sunni scholars argue that temporary marriage contradicts the principles of permanence and stability emphasized in traditional Islamic marriages.

Implications on Children:

  1. Legitimacy: Children born from a Muta marriage are considered legitimate in Shia Islam. They are entitled to the same rights and status as children born from a permanent marriage.

  2. Inheritance: Legitimate children from a Muta marriage have inheritance rights, just like children born from a regular marriage. Islamic inheritance laws apply to them.

  3. Social and Legal Recognition: The social and legal recognition of Muta marriages and their offspring can vary. In regions where Shia Islam is the dominant school of thought, the concept may be legally recognized, and the children may enjoy societal acceptance. However, in Sunni-majority areas, Muta marriages are generally not legally recognized, and the children may face social stigma.

  4. Responsibility: Both parents, regardless of the nature of their marriage, are responsible for the financial and emotional well-being of their children. The father is obligated to provide financial support, and the mother is responsible for the upbringing of the child.

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