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Is there such a thing as "Misyar" Marriage in Islam?
Bismillahi Rahmani Rahim - Salaam Alaikum wa Rahmatullah
I just wanted to comment on the "misyar" marriage in Islam. It came up in connection with the "muta'ah" question.
There is NO such thing as a misyar marriage in Islam. It is a made up phrase similar to the "urfi" marriage that is practiced in some countries. The Prophet, may Allah's peace and blessings be upon him, never referred to it or practiced it and neither did his Companions or those who came after. It is a modern invention.
That being said, the components of a "misyar" marriage are NOT haraam. If a man and a woman make a contract, they are free to include ANY stipulations they wish as long as those stipulations do not go against the Qur'an and Sunnah. For instance, if I want to marry but I want to stay in my parents' home, I can stipulate that in the contract, and a man can either agree to that and we marry or he can disagree and we don't. I can give up some of my rights as I prefer.....
I can write that I give up my right to financial support. I can give up my right to equal time if my husband to be has another wife. I can agree to live in a separate country. All these things are permissible in a contract between two people as long as the openly agree to it. It is still a marriage, a normal marriage, and there is no need to name it "misyar". As long as the fundamentals are observed, meaning, wali, mahr, agreement, and announcing the marriage, then it is a 100% valid marriage contract. The one big thing that makes a contract invalid is a time limit, which would make it the forbidden "muta'ah" marriage.
Allah has made marriage a simple process and has left open the possibility to modify the marriage contract to deal with our particular circumstances. The forms are simple and unalterable; the details are open to whatever permissible changes the couple wish to make. There is no need to invent a new term to confuse people. And Allah knows best.
Fi Aman Allah
You Know Who, it might seem odd to you and me, but it might fit the circumstances of the couple involved. Like he's in college and living in a small dorm room with a roommate. We don't restrict the small details one can make because people have different personalities and what might work for one might not work for another.
Zeinab, yes, a nikah should just be called a nikah without this made-up word, and then whatever specifics are in the contract are the stipulations or conditions or terms or whatever one chooses to call it. There may be specific legal terms that have arisen over time and of course it is dependent upon what language one is using.
Civil, thank you for the clarification. It is true that a woman can seek to "reinstate" her rights that she has given up in the contract. It's like renegotiating the contract of a baseball player after he's had a great season, lol. Both parties are free to amend the contract at any time as long as they are in agreement. So if a wife wanted to take back her right for financial support, she would communicate in a loving manner to her husband and they can come to a new arrangement. Of course, he can decline and divorce her if he chooses.
12 Answers
- 1 decade agoFavorite Answer
sorry dear i dont understand what u mean well.do u mean to say muta'ah is harram?
if yes u shud know that it is not...muta'a was halal in prophet's time and always it was...Umar the khalifa said that it was halal in prophet's time but i say that it is harram...
u can see it in the history of islam...
- 1 decade ago
Well put! The label might mean one thing to someone, another to another person.. so lets check what people mean when they reference a term.
If I may comment on your statement: "I can give up some of my rights as I prefer....." it is her right to gain back her contractually surrendered rights "AT WILL". The contract listing the surrendered terms is only to document that she was not forced nor did the husband fail to deliver what is assumed he would.
If she now wants those terms, it's her right and he's responsible from that point on to deliver them or divorce her if that's what she wants. This happens sometimes when the husband's situation has changed, and she is aware of it, she then doesn't see a need to continue to abide by the terms she had thought were necessary in the beginning.
It could be that she had assumed the husband was worth the sacrifice and after she had surrendered some of her rights, she felt it wasn't worth now that she has tried it.
- 1 decade ago
I'm with you sis,
I'd also like to comment on a couple of things on marriages and maturity.
I think it's an important role for parents to help out their children to establish a hallal better alternative than "dating".
The parent from both parties especially the girls have a considerable responsibility to the development of the child's family foundation.
I've stumbled on a hadeeth that says that a father is responsible for his daughters actions until his father arranges her to marry her broom, where only then is the responsibilities is passed to the broom as her husband.
This very much indicates that every father should as soon as possible ready his daughter to marriages so that when she reaches her puberty she is ready for the practice.
I suppose that this is the reason why Abu Bakr mahpoh made haste on searching the right broom to his beloved daughter, so that she won't fall victim of "dating" problem.
And i suppose most cases where a daughter fells into the "dating" problem is because her father neglected this hadeeth.
IMHO This hadeeth could also be implying to parents with sons to ready their sons to be able to stand on their own in terms of mental and financial qualities before his puberty.
So sons that are of the age of +-14 should be prepared to bear the responsibilities of a husband when the case so happens to be necessary.
regards,
Johan
- pinkLv 41 decade ago
assalamu `alaykum
There is not even a single mention of it in my favourite Sunni Islamic website. http://www.google.com/search?hl=en&q=site%3Aqa.sun... results in void search.
My instinct has been that there was no such thing in terms of the concept prpounded by some Shia Muslims. I was surprised to see that the term is real and has certain rules, though. Is it normally employed in Sunni fiqh, or is it just called nikah and the shurut referred to simply as conditions?
Sister, thank you for a very informative post.
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- 1 decade ago
Yes and No at same time.
It depends on what conditions observed and what were the reasons of getting in it instead of NIKKAH
- Anonymous1 decade ago
yes
- Anonymous1 decade ago
salaam:
brother/sister ask one Imam, they have have good advise and suggestion.
i don't know myself.