Misyar marriage: Difference between revisions
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In Sunni Islamic law, '''Nikah al-Misyar''' ({{lang-ar|نكاح المسيار}} or more often '''zawaj al-misyar''' {{lang-ar|زواج المسيار}} "traveller's marriage") is a type of [[Sunni]] [[Nikah]] (marriage contract) that is ostensibly carried out with the objective of allowing a couple to engage in |
In Sunni Islamic law, '''Nikah al-Misyar''' ({{lang-ar|نكاح المسيار}} or more often '''zawaj al-misyar''' {{lang-ar|زواج المسيار}} "traveller's marriage") is a type of [[Sunni]] [[Nikah]] (marriage contract) that is ostensibly carried out with the objective of allowing a couple to engage in [[wedlease]] in a permissible ([[halaal]]) manner.{{fact|date=January 2016}}The husband and wife thus joined abandon several marital rights, such as living together, the wife's rights to housing and maintenance money (''"[[nafaqa]]"''), and the husband's right to homekeeping and access.<ref>[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544160 Al-Qaradawi, Yusuf : Misyar marriage] {{wayback|url=http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544160 |date=20110104035953 }}</ref> |
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==Background and causes== |
==Background and causes== |
Revision as of 19:48, 15 May 2016
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In Sunni Islamic law, Nikah al-Misyar (
Background and causes
Some people[who?] consider that the misyar marriage can meet the needs of young people whose resources are too limited to settle down in a separate home; of divorcees, widows or widowers, who have their own residence and their own financial resources but cannot, or do not want to marry again according to the usual formula; and of slightly elder people who have not tasted the joys of marriage.
Some
Misyar marriage in practice
The Sheikh of
Legality of misyar marriage
Misyar marriage fits within the general rules of marriage in
- The agreement of both parties;
- Two legal witnesses (Shahidain)
- The payment by the husband to his wife of Mahr in the amount that is agreed[3]
- The absence of a fixed time period for the contract
- Shuroot, Any particular stipulations which the two parties agree to include in the contract and which are in conformity with Muslim marriage law.
However, there have been some
Moreover, as explained by the Saudi
For these reasons, Professor
Criticism of misyar
Misyar has been suggested by some authors to be a comparable marriage with Nikah mut'ah and that they find it for the sole purpose of "sexual gratification in a licit manner".[8][9] According to Karen Ruffle, assistant professor of religion at the University of Toronto, even though mutʿah is prohibited by Sunni schools of law, several types of nonpermanent marriage exist, including
"And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts)…"[14]
Al-Albani also underlines the social problems which can result from the misyar marriage, particularly in the event that children are born from this union. The children raised by their mother in a home from which the father is always absent, without reason, may suffer difficulties.[15]
He replied:
"There is nothing wrong with that if the marriage contract fulfills all the conditions set out by sharee’ah, which is the presence of the wali and the consent of both partners, and the presence of two witnesses of good character to the drawing up of the contract, and both partners being free of any impediments, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him): 'The conditions that are most deserving of being fulfilled are those by means of which intimacy becomes permissible for you' and 'The Muslims are bound by their conditions.' If the partners agree that the woman will stay with her family or that her share of the husband's time will be during the day and not during the night, or on certain days or certain nights, there is nothing wrong with that, so long as the marriage is announced and not hidden."[18]
- That the purpose of marriage is repose as Allah says (interpretation of the meaning): “And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect” [al-Room 30:21]. But this is not achieved in this kind of marriage.
- It may be decreed that the husband has children with this woman, but because he is far away from her and rarely comes to her, that will be negatively reflected in his children's upbringing and attitude.[19]
See also
- Islamic marital jurisprudence
- Living apart together
- Nikah Mut'ah
- Pilegesh
- Walking marriage
- Nikah 'urfi
Notes and references
- ^ Al-Qaradawi, Yusuf : Misyar marriage Template:Wayback
- ^ Jobarti, Somayya : Misyar marriage – a marvel or misery?
- ^ Al-Qaradawi, Yusuf : Misyar marriage et Zawaj al misyar, p 11
- ^ http://www.cifiaonline.com/prostitutionlegalized.htm
- ^ quoted by Al-Hakeem, Mariam : Misyar marriage gaining prominence among Saudis
- ^ Al-Qaradawi, Yusuf : Zawaj al misyar p.8
- ^ Al-Qaradawi, Yusuf : Zawaj al misyar , pp.13-14
- ^ Islam and the West: The Clash Between Islamism and Secularism By Mushtaq K. Lod, pp. 58-59
- ^ The Islamic Shield: Arab Resistance to Democratic and Religious Reforms By Elie Elhadj, p. 51
- ^ Mut'a, by Karen Ruffle, Oxford Bibliographies
- ^ Pohl, Florian (September 1, 2010). Muslim World: Modern Muslim Societies. Marshall Cavendish. pp. 52–53. Retrieved April 5, 2013.
- Al-albany) (in Arabic) Yet another marriage with no strings - fatwa committee of al azhar against misyar
- ^ Otto, J.M. (2010). Sharia Incorporated: A Comparative Overview of the Legal Systems of Twelve Muslim Countries in Past and Present. Amsterdam University Press. p. 165. Retrieved 2013-04-10.
- ^ Quran, 30 : 21
- ^ Wassel quoted in Hassouna addimashqi, Arfane : Nikah al misyar (2000), (in Arabic), p 16)
- ^ "Website of Bin Baz".
- ^ Al-Nawawi. "Commentary upon Sahih Muslim".
- ^ Fataawa ‘Ulama’ al-Balad al-Haraam (p. 450, 451) and Jareedah al-Jazeerah issue no. 8768,
- ^ Ahkaam al-Ta’addud fi Daw’ al-Kitaab wa’l-Sunnah
External links
English
- Al-Qaradawi, Yusuf: Misyar marriage
- Al-Qaradawi, Yusuf: Mut’ah marriage
- Al-Qaradawi, Yusuf: The philosophy of marriage in Islam
- Kutty : Conditions of valid marriage
- Siddiqi : Witnesses and mahr (dower) for marriage
- Al-Qasim : Temporary marriage (mut'ah)
- Urfi marriage
- Yet another marriage without strings, fatwa committee of al azhar against misyar
- Misyar marriage at answering-islam.org.uk
- Misyar marriage at lexicorient.com
- Misyar marriage at marriage.about.com
- Misyar marriages
- Misyar marriage – a marvel or misery?
- Misyar offers marriage-lite in strict Saudi society
- Al-Hakeem, Mariam: Misyar marriage gaining prominence among Saudis
- Part time marriage the rage in Egypt
- No strings attached marriage enrages Gulf women
- Marriage or mockery?
- Al-Obeikan, Sheikh Abdul Mohsen, vice-minister of Justice of Saudi Arabia: interview with the Arabic daily "Asharq al-Awsat" of 09/07/06 in which he discusses the legal value of the IFA fatwa
- Khalid Chraibi: "Misyar" marriage
Arabic
- Al-Marzuqi Saleh Secretary General of IFA, interviewed by TV Alarabiya.net on the subject of the IFA decisions on 12/04/2006
- An-Najimi, Muhammad: member of IFA, interviewed by TV AlArabiya.net on the subject of the IFA decisions on (28/04/06)
- Bin Menie, Abdullah bin Sulaïman: fatwa concerning marriage misyar (and opinions of Ibn Othaymin and Al-albany on the same subject)
- Sharia ruling
- BinBaz: Mesyar marriage and its conditions