Misyar marriage is a type of marriage contract in Islam where the spouses agree to waive certain marital rights and obligations. It allows a couple to live separately but engage in intimate relations. Misyar marriages are allowed by some Sunni Muslims. This practice is limited to a small geographical area. Misyar marriage is also known as the “traveler’s marriage”.
Definition of Misyar Marriage
A couple under a misyar marriage contract renounces some marital rights. The spouses mutually agree to waive the following rights:
- Cohabitation – the spouses do not live together.
- Financial support – the husband is not obligated to provide housing or financial maintenance for the wife.
Rules of the Misyar Marriage
The key features of a misyar marriage are:
- It is a legal contractual marriage under Sharia (Islamic) law but is less formal than a standard Islamic marriage.
- The spouses mutually agree to waive the following rights:
- Cohabitation – the spouses do not live together.
- Financial support – the husband is not obligated to provide housing or financial maintenance for the wife.
- Equal division of nights between spouses – the husband is not obligated to alternate nights equally between his wives if he has more than one.
- The wife retains her rights such as inheritance, ability to file for divorce, and right to mahr (dowry) if stipulated in the contract.
- The marriage has no specified time limit and can last indefinitely.
- It facilitates a marriage between a man and woman who wish to keep their lives largely separate but engage in intimate relations when the husband visits the wife’s home.
- The marriage is considered controversial by many Islamic scholars, with some equating it to sanctioned adultery.
A misyar marriage provides some legal protections through a contractual marriage but allows the spouses to waive traditional marital rights and obligations of cohabitation and financial support.
Also Read
How to Convince Your Parents For Love Marriage?
Misyar Marriage Procedure
Misyar marriage is a type of marriage contract that conforms to the general rules and requirements of marriage under Sharia (Islamic) law. For a misyar marriage contract to be considered legal and valid, it must fulfill the same conditions as a standard Islamic marriage:
- There must be an agreement between both prospective spouses to enter into the marriage.
- The contract must be conducted in the presence of two legal witnesses (shahidain).
- The husband must pay the wife her mahr (dowry) in the amount they agreed upon.
- There is no fixed time period for the validity of the misyar marriage contract. It remains in effect indefinitely unless terminated.
- The spouses may stipulate particular conditions and terms in the contract that conform to overall Muslim marriage law.
Also Read
Love Marriage vs Arranged Marriage- Straight from Two Married Couples
Websites
There are many websites available for Misyar Marriages. Some of these websites are zawajmsyar.com and zawagmsyar.com.
FAQs
Where Misyar marriages are popular?
Misyar marriages are practiced primarily in Saudi Arabia and some other Gulf countries. In 2014, Arab News reported that Misyar Marriage is a widespread practice in the Saudi Kingdom.
Is Misyar Marriage Allowed In Islam?
There are differing opinions among Islamic scholars on whether misyar marriages are allowed in Islam:
- Those who allow it argue that it fulfills the basic requirements of an Islamic marriage contract, such as consent of both parties, mahr (dowry), and witnesses. They point out that the Quran does not explicitly prohibit spouses from living separately.
- Critics argue that misyar contradicts the spirit of Islamic marriage which emphasizes cohabitation, mutual rights, and responsibilities. They claim it negates the sunnah (practice) of the Prophet Muhammad.
Is Misyar Marriage Halal?
There is no consensus among Islamic scholars on whether misyar marriage is halal. While some consider it irregular but not forbidden, most regard it as prohibited given it contradicts the spirit and purpose of marriage in Islam.
