Legal Question in Family Law in Pakistan
In yesterday's Daily Jang, Wednesday, 12-Sep-2012 Mr. Arif Dawood Advocate in the column "QANOONI MASAAIL AUR IN KA HAL" replied a legal question that "Wedding which is a social contract does not have any predetermined expiry date rather it is for unlimited time period and lasts till death of any spouse or till divorce is given by husband or khulla is taken by wife.
Keeping in view the above legal answer, please advise the legal status of "MUTTA" which Shias do having specific time limit of some hours or days. Does "MUTTA" is recognized by Law of Pakistan or couples doing this can be registered for committing offense of ZINA.
5 Answers from Attorneys
Mutta is forbidden now, it was allowed in early islam, whereafter it was abrogated ...
did not recognized by the Islam nor by the prevailing country laws.
yes definitely criminal case can be registered against them as no laws allow them.
Its even illegal in Shia law... U can find lots of literature on its illegality over the internet even by Shia Imams...
Regards,
www.thepleaders.com
Islamic Personal Law is dealt in accordance with the Fiqah of individual. If the Mutah is allowed in any of Muslim Fiqah and can be justified by them then court is bound to proceed with as per individual's personal law.
As far as registration of criminal case is concerned, in our society you will find number of criminal cases e.g. Fornication, abduction etc. where even a genuine civil permanent contracts are constituted; registration of case is no logic of prohibition.
There are numerous rulings in Islamic Law where one ACT is allowed in one Fiqah and the same is undesirable in other Fiqah. We may safely conclude that registration of criminal case, or prohibition in some specific Fiqah doesn't prohibit any ACT of other fiqah and restrain courts from taking cognisance.