A COMPARATIVE STUDY OF TEMPORARY MARRIAGE IN INDIA & IRAN

Abstract

The Author aims to study whether temporary marriage should be recognized in the country like India. The study also analyses the laws prevailing in the country where temporary marriages are lawful to provide a focused research. It further defines the major incidents of Muta marriage which took place in India and Iran. Purpose of the study is to identify whether temporary marriage has any legal standing so as to give it legal recognition in a country. Also, to see that whether such marriages are committed only to satisfy the sexual need of a person who is incapable of managing a normal marriage. Further, the paper focuses on the legal incidents of such marriage with respect to the women in the marriage and status of the child born of such marriage. The report will initiate with a brief discussion on concept of temporary marriage, its essentials and legal effects. Subsequently, it will follow with a focused analysis on temporary marriage prevailing in India, where such marriages are not recognized and in Iran, where temporary marriages are recognized. There was a time when certain women use to entertain men in their own tents but neither party had the right over the other. There was freedom to both the parties to discontinue the relation at any time. In earlier days of Islam, when Arabs used to live away from home for quite a long period of time either on account of wars or trade-journeys they used to satisfy their sex-desires through prostitutes. In order to avoid evolution of prostitution and confer legitimacy upon children.