Saturday, November 15, 2025

Special Intensive Revision (SIR): recent issues

November 15, 2025 0

Special Intensive Revision (SIR): recent issues

Special Intensive Revision (SIR) is an exceptional, large-scale exercise performed by the Election Commission of India (ECI) to thoroughly update, verify, and correct the country’s electoral rolls. Unlike the routine annual updates or summary revisions, SIR is a much deeper, house-to-house verification process with the goal of ensuring the accuracy, inclusiveness, and integrity of voter lists before major elections or when the rolls have been static for an extended period.


Legal Basis and Need for SIR

 

The conduct of SIR is constitutionally and statutorily mandated:

 

s Article 324 of the Indian Constitution grants the ECI the power of superintendence, direction, and control of the electoral process, including maintaining accurate voter lists.

 

s Section 21(3) of the Representation of the People Act, 1950 empowers the ECI to order a special revision of electoral rolls at any time, for reasons recorded in writing.

 

SIR is triggered when there is a high likelihood of discrepancies due to factors such as urbanization, migration, past lapses in voters’ lists, or anticipated high-stakes elections. Regular summary revisions may miss mass shifts and duplications the SIR is designed as a corrective, comprehensive survey.


Objectives of Special Intensive Revision

 

SIR addresses several core objectives:

 

s Elimination of Duplicates: To remove names that appear more than once due to migration, address changes, or clerical errors.

 

s Deletion of Ineligible Entries: To ensure that deceased persons, ineligible, or migrated voters are removed from the electoral rolls.

 

s Inclusion of Omitted Eligible Citizens: Ensuring first-time voters, women, the disabled, migrants, and marginalized or previously omitted sections are actively enrolled.

 

s Upholding Accuracy and Legitimacy: Promotes the “one person, one vote” principle, strengthening the credibility of India’s democratic process.


The Process of Special Intensive Revision

 

1. Notification and Planning

 

The ECI issues official notifications announcing the SIR, articulating the “qualifying date” (the date by which a citizen must have turned 18 to be considered eligible). For example, in SIR 2025, the qualifying date for inclusion was set at July 1, 2025, covering citizens turning 18 by October 1, 2025.

 

2. House-to-House Enumeration

 

Booth Level Officers (BLOs) conduct door-to-door surveys to verify existing electoral details and identify new eligible voters. Pre-filled enumeration forms are distributed and collected, with supplemental documentation required for all entries, especially for those enrolled after a specified date (e.g., post-January 2003 in Bihar’s SIR).

 

3. Document Verification

 

Enhanced verification is mandated: proof of identity, address, age, and parentage, especially for new and migrated voters. This step increases accuracy and lowers fraud.

 

4. Data Entry, Scrutiny, and Corrections

 

Electoral Registration Officers (EROs) scrutinize the data, remove duplicates, mark deceased/ineligible entries for deletion, and correct errors such as wrong names or addresses.

 

5. Inclusion and Deletion Camps

 

Special camps often at polling stations, public venues, or using mobile vans in remote areas are held for on-the-spot correction, enrollment of marginalized voters, migrants, or those who missed offline visits.

6. Stakeholder Consultation and Transparency

 

The ECI engages with political parties, civil society, local organizations, and the public to identify missed inclusions or wrongful deletions, reducing the risk of disenfranchisement.

 

7. Real-Time Auditing and Public Disclosure

 

Lists of deleted and included names are published for public scrutiny. Feedback mechanisms allow citizens to contest errors before rolls are finalized.

 

8. Synchronizing with Delimitation and Polling Rationalization

 

SIR is often synced with the rationalization of polling station locations and constituency boundaries to reflect changing demographics.

 

9. Post-Roll Audit

 

Sample audits and feedback loops remain active after the new rolls are published, allowing for correction of missed errors before the elections.


Key Features and Innovations

 

s Digital Integration: Use of voter portals, online verification, SMS alerts, and robust data management ensures efficiency and transparency.

 

s Inclusion Emphasis: Focused effort to include youth (first-time voters), women, migrants, physically challenged citizens, and marginalized groups.

 

s Time-Bound Completion: SIR is conducted within a prescribed timeline, usually ahead of high-stake state or national elections.

 

s Resource Deployment: SIR mobilizes thousands of BLOs and volunteers because of its sheer scale and intensity.


Challenges with SIR

 

s Resource Intensity: SIR requires enormous manpower, training, and technological resources, often stretching district administrative capacity.

 

s Documentation Rigour: Stricter document demands can exclude vulnerable populations lacking paperwork.

 

s Legal Clarity: The official term “Special Intensive Revision” does not always appear in the rule books, raising queries about consistency, nomenclature, and challenges during disputes.

 

s Risk of Exclusion: Migrants, casual laborers, the homeless, and tribal groups may still face barriers. Strong public engagement strategies are necessary to avoid backlash or accusations of politically motivated purges.


Recent Example: SIR 2025 in Bihar

 

In 2025, Bihar’s SIR covered over 8 crore voters across the state. BLOs visited each household; over 4 lakh volunteers participated. The ECI insisted on proof of name, date of birth, and parentage. The revision aimed to clean up lists that had undergone mass changes over 20 years due to urban growth and migration, ensuring only citizens were enrolled and every eligible youth was counted.


Significance of Special Intensive Revision

 

s Free and Fair Elections: The backbone of democracy is credible electoral rolls. Inaccurate rolls breed mistrust, disenfranchisement, and legal challenges against election outcomes.

 

s Legitimacy and Inclusion: SIR reinforces public trust by removing fraud, ensuring all sections of society, especially the underprivileged and marginalized, are represented.

 

s Legal Compliance: SIR directly operationalizes the constitutional right to vote and the principle of universal adult franchise promised under Article 326.


Conclusion

 

Special Intensive Revision (SIR) stands as a vital instrument in India’s electoral machinery, blending constitutional mandate with administrative rigor. By rooting out obsolete or fraudulent entries and including every eligible citizen, SIR fortifies India’s democracy. However, it must be conducted with attention to resource adequacy, legal precision, and the rights of the most vulnerable.


Friday, November 14, 2025

Divorce by Muslim wife under Dissolution of Muslim Marriage Act, 1939

November 14, 2025 0

Divorce by Muslim wife under Dissolution of Muslim Marriage Act, 1939

It has been lain down in Section 2 of the Dissolution of the Muslim Marriage Act, 1939 that a wife can apply for divorce in the Court on the following grounds: -

 

(1) Husband Missing.

 

(2) Failure to maintain.

 

(4) Failure to perform mutual obligations.

 

(5) Impotency of husband

 

(6) Insanity, leprosy and virulent venereal disease

 

(7) Option of puberty

 

(8) Cruelty of husband

 

(9) Any other ground recognised by Shariat.

 

Let us discuss –

 

       (1) Husband missing - If the whereabouts of husband have not been known for a period of four years, a Muslim wife can apply in the court for the decree of dissolution of marriage. In case a decree is passed by the court, it will be enforceable after six months of its issue. In the meantime, if husband appears either in person or through an authorised agent and satisfies the court that he is prepared to perform his conjugal relations, such decree will be set aside by the court. In such a suit-

 

(a) The names and addresses of the persons who would have been the heirs of the husband under Muslim law if he had died on the date of filing of the plaint shall be stated in the plaint;

 

(b) notice of the suit shall be served on such person;

 

(c) such persons shall have the right to be heard in the suit.

 

         The parental uncle and brother of the husband, if any, must be cited as party even if he or they may not be heirs

 

         (2) Failure to maintain - The wife is entitled to obtain a decree for the dissolution of her marriage if the husband has neglected or has failed to provide for her maintenance for a period of two years. Such failure may not be wilful. Even when husband finds himself unable to do so due to his poverty, failing health, loss of work, imprisonment or due to any other case, the wife will be entitled to divorce. In case of Nur-Bibi v Pir Bux, AIR 1950 Sindh 8, it has been held by Sindh High Court that where a husband has failed to provide maintenance for his wife for a period immediately preceding the suit, the wife would be entitled to a dissolution of marriage under section 2 of the Dissolution of Muslim Marriage Act, 1939. It has been held by the Chief Court of Sindh in Khatijan v Abdulla, AIR 1942 Karachi 535, that the Act was not intended to abrogate the general law applicable to Mohammedans and the husband cannot be said to have neglected or failed to provide maintenance for his wife unless under the general Mohammedan law, he was under an obligation to maintain her.

 

        If the wife lives separately from her husband without any reasonable cause or she intentionally refuses to perform her part of marital duties, she can neither claim the maintenance nor divorce from her husband; Bai Fatima vs. Mumna Miranji, 1957 Bom 453.

 

        (3) Imprisonment of husband - If the husband of a Muslim wife has been sentenced by a court to imprisonment for the period of seven years or more such wife is entitled to obtain the decree for the dissolution of marriage. Such decree cannot be passed on this ground until the sentence has become final.

 

       (4) Failure to perform marital obligations - If a husband, without any reasonable cause, fails to perform his marital obligations for a period of three years, the wife is entitled to obtain the decree for the dissolution of her

 

        (5) Impotency of husband - The wife is entitled to obtain a decree for the dissolution of her marriage if the husband was impotent at the time of marriage and continues to be so.

 

         In such a case before the passing of decree, a court is bound to make an order requesting the husband to satisfy the court within one year from the date of such order that he has ceased to be impotent. If husband does so, a court cannot pass decree of dissolution of marriage on this ground. The order of the court will be subject only to application of the husband before passing of the decree of dissolution of marriage.

 

        The following alterations were, afterwards made in this Act regarding suit for dissolution of marriage due to impotency of husband-

 

(a) It is no longer necessary for the wife to prove that she did not know of her husband's impotency at the time of marriage.

 

(b) It is no longer necessary for the wife to prove after the year of probation that the husband is still impotent. It is for the husband to prove within the period of one year that he has ceased to be impotent, Mohammed Ibrahim v Altafan, 1925 47 All 243: 83 IC 27.

 

        (6) Insanity, leprosy and virulent venereal disease - If a husband of a Muslim wife is insane for two years or he is suffering from leprosy, or a virulent venereal disease, the wife may obtain a decree for the dissolutions of marriage.

 

        (7) Option of Puberty - If the marriage of a Muslim wife was performed by her father or grand-father when she was minor, i.e., under the age of fifteen years, she can repudiate such marriage before attaining the age of eighteen years provided that the marriage has not been consummated.

 

        (8) Cruelty of husband - If a Muslim husband treats his wife with cruelty, she is entitled to a decree for the dissolution of marriage. Even before the Dissolution of Muslim Marriage Act, 1939, the court recognised this ground for dissolution of a marriage. In Mustafa Begum v Mirza Kazim Paza Khan, (1932) 8 Luck 204, it has been held by the court that a cruelty is considered as sufficient ground for dissolving the marriage on the suit of the wife but mere incompatibility of temperament was not regarded as good ground.

 

The word ‘cruelty’ means and includes the following: -

 

(a) when a husband habitually assaults his wife or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill treatment, or

 

(b) when a husband associates with a woman of evil repute or leads an infamous life; or

 

(c) when a husband attempts to force his wife to lead an immoral life; or

 

(d) when a husband disposes of her property or prevents her from exercising her legal right over it; or

 

(e) when a husband obstructs his wife in the observance of her religious profession or practice, or

 

(f) when a husband keeps more than one wife and does not treat her equitably as per Quaranic injunctions

 

        In Moonshi Buzloor Raheem v Shumsoonissa Begum, (1867) 11 MIA 551, it has been held by Privy Council that “the cruelty should be of a type that endangers life.” The observation of Privy Council however, has no application in this view of the Act. Now, the question is what actually includes ‘cruelty’ by conduct. In reply to this question, it was said in the case of Begum Zohra v Mahmmod Ishfaq-ul-Majid, (55) Sindh 378, that cruelty by conduct includes habitual use of abusive and insulting language to the wife.

 

        (9) Any other ground recognised by Shariat - The wife is entitled to a decree for the dissolution of her marriage on any other ground which is recognised as valid under Muslim law. If a wife sues for dissolution of marriage on the ground of lian, but the husband bona fidely retracts the charge of adultery, the marriage cannot be dissolved. In Umar Bibi v Mohammad Din, (1944) Lah 542: 220 IC 9 (45) AL 51, it has been held by the court that incompatibility of temperaments and hatred of the wife for her husband are not recognised by the Muslim law as grounds for divorce.

 

Conclusion

 

The Dissolution of Muslim Marriages Act, 1939, is a progressive statute ensuring that Muslim women have the legal right and effective means to dissolve marriages that deny them dignity, safety, and happiness. By clearly specifying grounds, protecting financial rights, and eliminating discriminatory practices like automatic dissolution on conversion, the Act asserts the legal autonomy of Muslim women and advances gender justice within the framework of personal law.

Thursday, November 13, 2025

MEANING OF “MOSQUE”, “TAKIA”, “KHANGAH”, “IMAMBARA” AND “DARGAH”

November 13, 2025 0

MEANING OF “MOSQUE”, “TAKIA”, “KHANGAH”, “IMAMBARA” AND “DARGAH”

Mosque

 

          A mosque is a place where the Muslim offers prayers to Almighty (Allah). The prayers can be done individually or in congregation. To consecrate a mosque, it is not sufficient merely to construct it: (1) the building must be separated from the other property of the owner, (ii) a way must be provided to the mosque, and (iii) either public prayers must be said or possession must be delivered to the mutawallis.

 

          Once a mosque is validly consecrated, a reservation in favour of the people of a particular locality is deemed to be bad and it will be open to all persons. Similarly, a mosque cannot be restricted to the followers of a particular school or madhhab, if the dedication is complete, the restriction is bad and it will be open to all Muslims, whatever their school or sub-school.

 

          In Mohammad Wasi v Bachchan Sahib, AIR 1955 All 68, the Full Bench laid down that-

 

(1) a mosque is dedicated for the purpose that any Muslim belonging to any sect can go and say prayers therein,

 

(2) it cannot be reserved for the Muslims of any particular denomination or sect;

 

(3) no one can claim to have the form of congregational prayer usually said in a mosque altered to suit him,

 

(4) even though the congregational prayers are said in a mosque in a particular form, any Muslim belonging to any other sect can go into a mosque and say his prayers at the back of the congregation in the manner followed by him so long as he does not do anything mala fide to disturb the others;

 

(5) the object of the dedication can neither be altered nor the beneficiaries limited or changed; and

 

(6) a Muslim will have a cause of action if he is deprived of his right to say prayers in a mosque or is prevented from doing so.

 

         The mosques are either private or public. In a public mosque, every Muslim belonging to any sect or school is entitled to offer prayer according to the ritual of his own sect or school. A mosque is private, which has no entrance opening outside, for example, a mosque made in the compound of police line of Azamgarh (UP) for Friday prayer with Aran and Ikamat was held as private mosque by Allahabad High Court in Abdul Bagi v Chaitan 1971 All 328.

 

Takia

 

       A takia is, literally, a resting-place, hence it may be a tomb or a burial ground; held in Hussain Shah v Gul Muhammal (1924) 6 Lah 140.

 

        It is a place where a fakir or darvish (a person who abjures the word and becomes an humble servitor of God) resides before his pious life and teachings attract public notice, and before disciples gather round him, and a place is constructed for their lodgment, as pronounced in Mohiuddin v Sayiduddin, 1893 ILR 20 Cal 810 (812). It is recognised by law a religious institution, and a grant or endowment to it is a valid wakf or public trust for a religious purpose: Male Shah v Ghane Shah, (1938) 40 Bom LR 1071 (1072) (PC).

 

        The fact that a place is called takia does not prove that it is wakf property. A takia may may be the only place of assembly in a village and devoid of any religious significance, or it may be the platform in a Muslim graveyard where prayers are said. A man may take charge of a graveyard and call himself a takiadar but that does not show that the land is wakf or that he is the mutawalli. A fakir or holy man may build a hut and take up his residence near takia or prayer platform in the graveyard and impart religious instructions and call the place a Khankhah. A Takia may become wakf by long use. The fakir may collect numerous disciples at his residence which will then develop into an institution of public importance and be a real Khankha. Such Khankha are called takias, and may be the object of a valid endowment

 

Khangah

 

         According to Tyabji, a Khangah (Persian, caravan serai) is a Muslim monastery of religious institution, where dervishes and other seekers after truth congregate for religious instruction and devotional exercises.

 

        It is a Muslim institution analogous in many respects to a math where religious instruction is given according to Hindu faith; Vidya Varuthi vs. Balusami Ayyar, (1921) 48 1A 302 (312). A Khangah is founded by a holy man, in the place where his esoteric teaching acquires a certain fame and sanctity. After his death, if he is buried there, as often happens, the place may also be called his takia, abode or resting place; Hussain Shah v Gul Muhammad (1924) 6 Lah 140.

 

       The religious head of a 'Khangah' is called ‘Sajjadanashin’. Literally, the word Sajjadanashin means a person who sits at the head of the prayer-carpet. Ameer Ali said that the Sajjadanashin is not only a mutawalli but also a spiritual preceptor. He is supposed to continue spiritual line of his ancestors who had been buried at a particular place or dargah

 

Imambara

 

         An imambara is an apartment in a private house or a building set apart like a private chapel for religious purposes. It is intended for the use of the owner and members of his family though the public may be admitted with the permission of the owner.

 

         According to Asaf A. A. Fyzee an imambara is a private tenement set apart by a member of the Ithna Ashari Shiite for the performance of certain ceremonies at Muharram and other times; it is not a public place of worship like a mosque. It is a private, as distinguished from a public endowment and a Hindu cannot create one; Mundaria Shyam Sundar, AIR 1963 Pat 93.

 

         Generally, the imambaras belong to Shias, but some Sunnis too perform the aforesaid ceremonies e.g., holding of mourning sessions (majlis, azadari), raising of alms and tazias and taking out the duldul, as symbols of the flag, tomb and horse respectively, or the martyrs of karbala. These ceremonies, it is notable, are based on wholly indigenous customs and are not rooted in the original Islamic theology.

 

           Imambaras are usually owned by individuals, though some of them are thrown open to the public on ceremonial occasions. The courts have held that an imambara is generally a 'private’ and not a 'public' wakf (and is also not a trust within the meaning of section 92 of the Code of Civil Procedure. A particular imambara may, however, be proved to be a public wakf.

 

Dargah

 

           Dargahs are tombs of great Muslim divines of the past, mostly having huge superstructures, attracting pilgrims (zaerin) belonging to various religious communities and from different parts of the country and, in some cases, also from foreign countries. There are numerous big and small dargahs in various parts of India. Some of these do not have the grave of a saint; inside them are ceremonially kept sacred relics of the prophet or a saint. In some places, the dargahs are known as maqbara or ziyarat.

 

           Almost all dargahs are wakf and are despite the conflict between the customary practice of devotion to tombs and Islam's puritanic concept of 'none to be worshipped but Allah' (la ilaha illallah), governed by the rules relating to wakfs. In some cases, the courts have aptly explained the nature of dargahs as wakfs. Mujawars and Khuddam claim right to act as caretakers at the dargahs. Some of the famous dargahs in the country are those of Khawaja Moinuddin Chisti (Ajmer), Haji Waris All Shah (Dewa, Barabanki), Syed Salar Masood Ghazi (Bahraich), Nizamuddin Aulia (Delhi), Shaikh Salim Chisti (Fatehpur Sikri) and Seikh Sabir (Kalyar).


Conclusion

 

These five types of institutions Mosque, Takiya, Khanqah, Imambara, and Dargah highlight the rich architectural, spiritual, and communal diversity within the Muslim world, especially in South Asia. While mosques remain central to every Muslim community’s ritual and congregational life, spaces like Takiya and Khanqah nurture spiritual discipline and fellowship, Imambaras embody Shia commemorative tradition, and Dargahs bridge the sacred and the communal through the memory of saints. Each continues to shape and reflect the multifaceted legacy of Islamic civilization.


Muta Marriage under Muslim Law – a brief study

November 13, 2025 0

Muta Marriage under Muslim Law – a brief study

          The word muta literally means 'enjoyment, use’; and in its legal context it may be rendered, according to Heffening, a ‘marriage for pleasure’. Such marriage is contracted for a fixed period and for a specified amount or reward.

 

         Marriage, according to Muslim law is a civil contract which can either be permanent or temporary. When a contract of marriage is entered into temporarily and for a specific period, it is called muta marriage.

 

         The institution of muta marriage was very popular amongst Arabs during the period before and even at the time of Prophet. Such type of marriage might have been justified in olden days because that was the period of wars and travels. The evils of muta marriage could not be cancelled and all schools of Muslim community discarded this practice, only Ithana Ashari (Shiatie's) school retained this practice and considered it lawful. Prophet Mohammed too, although he tolerated this practice for some time, finally rejected it.

 

          The practice of muta marriage is not very common in India. Normally, the women of Lucknow and other places belonging to Shiaites do not contract muta marriage. In Iraq and Persia, the practice of muta marriage is prevailing only upto that extent which may legalise prostitution.

 

Essentials of muta marriage

 

1. The terms of muta marriage must be specified.

 

2. The duration of a muta marriage must also be specified i.e., a few hours, a few days, a few weeks, or a few months or a few years etc. If the period or duration is not specified, such a marriage will be treated as a permanent union like any other permanent union or a Muslim marriage. In this connection, Asaf A.A. Fyzee said that the fixation of a period in the marriage destroys the concept of 'nikah'. The mere omission to specify the period may result in a valid muta for life. In Shohrat Singh v Jafri Bibi, (1914) 17 Bom LR 13 (17), it was held by Privy Council that if cohabitation commenced in a muta marriage where term was not stipulated, then in default of the evidence to the contrary, the marriage would be deemed to have continued for the entire period of cohabitation.

 

3. Some dower should be specified in the contract. If the term of cohabitation is not specified but the dower is fixed the contract would be void as muta but valid as nikah; S.A. Hussain v Rajamma, AIR 1977 AP 153, But if the dower is not specified, neither muta nor nikah will ensue.

 

4. The rule of limiting the number of wives to four as regards regular marriages, does not apply to muta marriage.

 

5. Where two persons having married under the muta form for a fixed period continue to live as husband and wife beyond the expiry of that period or till the death of the husband, the presumption in the absence of evidence to the contrary will be that the term of marriage had been extended till the period of cohabitation; Shoharat Singh v Jafri Bibi, 24 IC 499 (PC)

 

6. The parties must have attained the age of puberty and they must be of sound mind.

 

7. The consent of both parties must be free, and they should not be within prohibited degrees of relationship.

 

8. A Shia male can contract muta marriage with a Muslim woman, a Kitabia woman (Christian or Jewish) or a fire worshipping woman (majusiyya), but he cannot contract muta marriage with a woman following any other religion. A Shia female cannot contract muta marriage with a non-Muslim female.

 

9. There must be offer made by one of the parties to such a marriage and acceptance by the other party.

 

10. No witness is necessary at the time of marriage.

 

Legal effects of muta marriage

 

The following are the effects of muta marriage:

 

(1) Muta marriage does not create any mutual right of inheritance between parties to such marriage.

 

(2) Wife in a muta marriage is not entitled to maintenance. However, if in the contract of muta marriage; it has specifically been provided that she will be entitled to maintenance during the whole term even if the husband chooses not to cohabit with her, she can claim maintenance. Nowadays, even in absence of such stipulation, the court has power to grant maintenance under section 125 of the Code of Criminal Procedure, 1973 (now under section 144 of BNSS, 2023).

 

(3) Wife is entitled only for half dower, if marriage has not been consummated. If marriage has been consummated, she is entitled for full dower. If the husband leaves her before the expiry of stipulated term, she will be entitled only to proportionate dower.

 

(4) Wife has to undergo iddat of two courses, if her marriage has consummated. If it was not consummated, no iddat is required

 

(5) Husband in a muta marriage has a right to refuse procreation.

 

(6) The children born of muta marriage have the right to inherit the property of their father and mother. Their status is of the legitimate children like that of the offspring of a permanent marriage.

 

(7) Mute marriage comes to an end on the expiry of the stipulated term. Such marriage can be extended. Muta marriage can be terminated by the mutual consent of both the parties. Even husband alone can terminate the marriage by making a gift of the term or any portion of it, which is called Hiba i.e., muddat. In such cases, the consent of wife for termination of marriage is not necessary.

 

FAQ (Frequently Asked Question)

 

What are the differences between a muta marriage and a nikah?

 

Difference between 'regular marriage’ (nikah) and ‘muta-marriage' are as under:

 

(1) Regular marriage (nikah) is recognised by Shias and Sunnis both, whereas muta marriage is recognised only by Shiaites.

 

(2) Regular marriage is a permanent contract while muta marriage is temporary and a time being enforceable contract.

 

(3) Regular marriage gives a right of inheritance to spouses on the property of each other, while in muta marriage it is not so.

 

(4) The relation once established between a wife and husband due to regular marriage is dissolved only on divorce or death of any of them, whereas muta marriage is automatically dissolved on the expiry of the specified period.

 

(5) The woman becomes entitled to get the full amount of dower, no sooner her regular marriage is solemnized properly, but the payment of dower (Mahf) in muta marriage depends upon the consummation of such marriage. In case, marriage is not consummated in muta marriage, the wife is entitled only for half dower.

 

(6) Regular marriage can be dissolved only through divorce and the payment of dower is very necessary before doing so but in case of muta marriage, it can be terminated only on the expiry of the prescribed time

 

(7) The dower can either be "express" or "implied" in regular marriage, while in muta marriage, it is always express.

 

(8) In case, divorce takes place after sometime in the regular marriage, the wife is entitled to get maintenance during the period of iddat while in muta marriage, a woman has no right to take any maintenance after dissolution of such marriage.