|Abu_Ubaydah||-- 10-03-2008 @ 1:33 AM|
بسم الله الرحمان الرحيم
السلام عليكم و رحمة الله و بركــــاته
Misyaar marriage is where a man does a shar'i marriage contract with a woman, meeting the conditions of marriage, but the woman gives up some of her rights such as accommodation, maintenance or the husbandıs staying overnight with her.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about Misyaar marriage; this kind of marriage is where the man marries a second, third or fourth wife, and the wife is in a situation that compels her to stay with her parents or one of them in her own house, and the husband goes to her at various times depending on the circumstances of both. What is the Islamic ruling on this type of marriage?
There is nothing wrong with that if the marriage contract fulfils 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 husbandıs 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.
Fataawa 'Ulama' al-Balad al-Haraam (p. 450, 451) and Jareedah al-Jazeerah issue no. 8768, Monday 18 Jumaada al-Oola 1417 AH.
Shaykh Abd al-Azeez Aal al-Shaykh (may Allaah preserve him) was asked:
There is a lot of talk about misyaar marriage being haraam or halaal. We would like a definitive statement about this matter from you, with a description of its conditions and obligations, if it is permissible.
The conditions of marriage are that the two partners should be identified and give their consent, and there should be a wali (guardian) and two witnesses. If the conditions are met and the marriage is announced, and they do not agree to conceal it, either the husband, the wife or their guardians, and he offered a waleemah or wedding feast, then this marriage is valid, and you can call it whatever you want after that. End quote.
Jareedah al-Jazeerah, Friday 15 Rabee' al-Thaani 1422 AH, issue no. 10508.
Shaykh al-Albaani was asked about Misyaar marriage and he disallowed it for two reasons:
That the purpose of marriage is repose as Allaah 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.
See: Ahkaam al-Ta'addud fi Daw' al-Kitaab wa'l-Sunnah (p. 28, 29).