An investigation by AajTak.in has uncovered the disturbing trend of “Sheikh marriages” or short-term contract marriages prevailing in Hyderabad. In part 1 and part 2 of our report, we unveiled the intricate network of agents (known as Hyderabadi aunties) facilitating such marriages and the harrowing experiences of young girls forced into such unions with wealthy sheikhs from Gulf countries, respectively.
In our concluding segment, we spoke with Islamic scholars to identify the legal loopholes, the legality of these marriages, and steps taken by the social sector to rein in such practices.
THE EVOLUTION OF SHEIKH MARRIAGES
Historically known as Mutah marriages, its roots in Hyderabad can be traced back to the reign of the Nizams. The Nizams, who were among the richest, hired well-built men from Yemen, known as Choush, to safeguard their wealth. As these men had to stay away from their families for long periods, they began marrying local women in Hyderabad. As time passed, the marriages became transactional, with the Yemeni men being paid huge sums to produce children to serve in the Nizam’s army.
However, after India’s independence and Hyderabad’s integration, which ended Nizam’s reign, the Yemeni men went out of business. While several returned to Yemen, a large chunk stayed back. In the 1970s, the descendents of these men demanded Arab citizenship, but it failed to materialise.
This led to the emergence of ‘Sheikh marriages’ as a workaround and the descendants of Choush started getting their daughters married to the Sheikhs. They primarily reside in areas like Hyderabad’s Barkas.
Previously, Hyderabadi women who married Sheikhs mostly relocated permanently in the Gulf. The families of women also used to shift to the Gulf over the years. However, these nikahs soon turned into short-term marital arrangements, known as Mutah. Mutah, which in Arabic means “pleasure”, is a marriage contract, often lasting days or at most weeks.
The future generations of Choush are involved in this work. Some of them have also become agents.
“Earlier, men going on long journeys or wars would resort to Mutah marriages to meet physical needs. This is so because visiting sex workers is considered haram in Islam. Men would pay a sum of money, marry for a brief period, and leave,” Jamila Nishat, chief of the Shaheen Women Resource and Welfare Association, told India Today.
Nishat, who runs an NGO, said most of the time the girls involved in such ‘Sheikh marriages’ are unaware of the terms of the contract. “Alongside the marriage contract, a sort of pre-decided divorce arrangement is also made. Often, the girl involved is very young and unaware of the terms of this contract,” she said.
PART 1: Hyderabad’s dark underbelly: Shady ‘Sheikh marriages’
PART 2: Victims of ‘Sheikh marriages’ narrate ordeal: Raped and abandoned, kept as maid
WHY SHEIKHS COME TO INDIA FOR MUTAH MARRIAGES?
Explaining why wealthy sheikhs come all the way to India, Nishat said in Arab countries, the first marriage has to be with an Arab woman. Marrying in their own countries requires the sheikhs to pay a hefty dowry (mehr) and bear the woman’s expenses. Moreover, if a man wants his wife to breastfeed their child, he has to request her consent.
It is much cheaper in Hyderabad, where marriages can be arranged for a smaller amount, and separation is easy and quick. “Sheikhs can separate anytime without substantial financial or legal consequences,” Nishat said.
Mostly, these sheikhs use medical tourism as cover and arrive in India on medical visas. “If you go to the corporate hospitals in Hyderabad, the notice boards are written in Arabic and English, whereas this is a Telugu and Urdu-speaking city,” she said.
SHEIKH MARRIAGES: THE MODUS OPERANDI
Local agents fluent in Arabic, Hindi, and Telugu serve as intermediaries between the sheikhs and the families of the girls. After the sheikh sends his shortlist to the agent, girls, often dressed in revealing clothes, are paraded before him. They are also paid a token amount ranging from Rs 1,000 to Rs 5,000.
After the sheikh makes his final choice, the marriage is conducted within three days. Nishat said families often pressure girls to agree to multiple marriages. “A few years ago, a girl, who married 17 times, died by suicide. She also wrote a letter to her mother, which was widely published in the local media,” Nishat said.
Clerics, or qazis, are also complicit in facilitating these marriages. Some clerics even have private rooms in their homes for sheikhs to use after marriage. In 2017, one such cleric, who had conducted hundreds of such marriages, was arrested but later released.
Curbing such practices was easier said than done. Nishat said her NGO has tried to stop such marriages on several occasions, but schools, hotels, and hospitals do not cooperate in sharing the documents.
“The POCSO Act is there, but since everything is done secretly, we cannot do much. Parents themselves send their daughters for such marriages. Most of the complaints are about agents trapping their daughters by sending them to the Gulf on the pretext of work. That too, when they do not get the money,” she said.
LEGAL PERSPECTIVE
Dr Raza Abbas of Aligarh Muslim University said this practice is only recognised by Shia Muslims, and not by Sunnis. “Islam recognises marriage as a social contract. Mutah is a time-bound marriage contract. It allows couples to evaluate compatibility before permanent commitment. It is different from Nikah,” Dr Abbas explained.
Supreme Court lawyer Shashank Shekhar Jha said there were many legal loopholes due to which short-term marriages were still happening.
“For example, registration of marriages is not necessary here. This is being taken advantage of. Under Muslim personal law, a girl is considered eligible for marriage once she reaches puberty,” Jha said.
Compounding the problem is the fact that courts have traditionally avoided interfering in religious personal laws, Jha said. Several petitions are pending in the Supreme Court over the issue.
