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Nikah Misyar or "travellers' marriage" (Arabic: نكاح المسيار) is the Sunni Muslim Nikah (marriage) contract carried out via the normal contractual procedure, with the specificity that the wife gives up several of her rights by her own free will, such as living with the husband, equal division of nights between wives in cases of polygamy, rights to housing, and maintenance money ("nafaqa"). Arabic (ar الْعَرَبيّة (informally ar عَرَبيْ) in terms of the number of speakers is the largest living member of the Semitic language Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic A Muslim (مسلم pronounced Muslim, not Muzlim) is an adherent of the Religion Nikah, or nikkah, ( النكاح) is the contract between a Bride and Bridegroom and part of an Islamic marriage, a strong covenant NOTICE TO WOULD-BE ROMEOS ************** The term polygamy (a Greek word meaning "the practice of multiple marriage" is used in related ways in Social anthropology, Sociobiology, and [1]

The couple continue to live separately from each other, as before their contract, and see each other to fulfil their needs in a halaal manner when they please. Halal (حلال ḥalāl, halaal) is an Arabic term meaning permissible.

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Background and causes

Some people consider that the misyar marriage represents an adaptation of marriage to the needs of people who are not able to marry in the traditional way. In countries such as Saudi Arabia, Kuwait or the United Arab Emirates, this is usually due to the cost of rents; the high cost of living in general; the high amounts of dowry required; and other similar economic and financial concerns. The Kingdom of Saudi Arabia, KSA ( المملكة العربية السعودية, al-Mamlaka al-ʻArabiyya as-Suʻūdiyya) or Suudi The State of Kuwait ( دولة الكويت IPA [dawlatt̪ alkuwajt̪]) is a sovereign Arab Emirate on the coast of the Persian Gulf, enclosed A dowry (also known as trousseau or tocher) is the money goods or estate that a woman brings to her soon to be husband in marriage [2]

This type of marriage could also 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. One is reminded, in this context, that there are a million and a half unmarried women in Saudi Arabia alone. [3]

Islamic lawyers add that this type of marriage fits the needs of a conservative society which punishes “zina” (fornication) and other sexual relationships which are established outside a marriage contract. Ijtihad (Arabic اجتهاد is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources Zina (الزناء in Islam is Extramarital sex and premarital sex Fornication, or simple fornication is a term which refers to voluntary Sexual intercourse between persons not married to each other Thus, some Muslim foreigners working in the Gulf countries prefer to engage in the misyar marriage rather than live alone for years. Many of them are actually already married with wives and children in their home country, but they cannot bring them to the region.

Misyar Marriage in practice

In addition to the preceding cases, one can note that wealthy Arab men sometimes enter into a Misyar marriage while on vacation, in order to have sexual relations with another woman without committing the sin of zina. Zina (الزناء in Islam is Extramarital sex and premarital sex They usually divorce the women once their holiday is over. One should note, however, that if this is understood by both parties at the time of conclusion of the marriage contract (and this is usually the case) this would constitute a fixed time period, effectively making such a marriage invalid in Sunni law, and more akin to the Shia Mut'ah marriage. for other uses see Muta Mut'ah is an Arabic word meaning literally "joy"

The Sheikh of Al-Azhar Muhammad Sayyid Tantawi and theologian Yusuf Al-Qaradawi note, in their writings and in their lectures, that a major proportion of the men who take a spouse in the framework of the misyar marriage are already married men. Al-Azhar University (pronounced "az-HAR" الأزهر الشريف, "the Noble Azhar" in Egypt, founded in 975 is the chief centre of Muhammad Sayyid Tantawi (محمد سيد طنطاوى (born 28 October 1928) is the Grand Imam of Al-Azhar Mosque and Grand Yusuf al-Qaradawi ( Arabic: يوسف القرضاوي Yūsuf al-Qaraḍāwiy) (born September 9, 1926) is an Egyptian Muslim [4]

Many of the men involved would not marry a second wife within the regime of normal Islamic polygamy, because of the heavy financial burdens, moral obligations & responsibilities it places on the husband. But, they opt for the less onerous option of misyar marriage when the theologians declare it licit. [5]

In view of these various situations, this type of marriage remains somewhat controversial within Sunni Islam.

Legality of misyar marriage

However, contrary to widely held beliefs, misyar marriage fits within the general rules of marriage in Sunni Islamic law, on condition merely that it fulfil all the requirements of the Shariah marriage contract i. Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law. e:

This type of marriage helps young couples who cannot stay together because of the absence of the necessary means, or when they live or interact so often with each other that they know they might end in committing fornication. Marriage of such kind can also help them legalise their relationship in an Islamic way rather than sinning.

Moreover, as explained by the Saudi Islamic lawyer Abdullah bin Sulaiman bin Menie, a member of the Higher Council of Ulema of Saudi Arabia, the wife can denounce at any time, as she sees fit, her renunciation of her financial rights, and require of her husband that he give her all her rights, including that he live with her and provide for her financial needs ("nafaqa"). Ijtihad (Arabic اجتهاد is a technical term of Islamic law that describes the process of making a legal decision by independent interpretation of the legal sources The husband can then either do so, or grant her a divorce. [7]

But, if the renunciation provision is the only feature which distinguishes misyar from a standard marriage, and if it has no legal standing, does misyar represent a separate category of marriage in Muslim law?

Further, is it legitimate for Muslim notaries to include in a contract provisions which have no legal standing, although the contracting parties mistakenly believe that they are the foundations and the necessary conditions to be met for the conclusion of the contract? For that matter, if the spouses are told by the notaries, at the time of conclusion of the contract, that the renunciation clauses have no legal value, what effect would that have on the spouses' willingness to get married?

For these reasons, Professor Yusuf Al-Qaradawi observes that he does not promote this type of marriage, although he has to recognise that it is legal, since it fulfils all the requirements of the usual marriage contract. Yusuf al-Qaradawi ( Arabic: يوسف القرضاوي Yūsuf al-Qaraḍāwiy) (born September 9, 1926) is an Egyptian Muslim [8] He states his preference that the clause of renunciation be not included within the marriage contract, but be the subject of a simple verbal agreement between the parties. [9] He underlines the fact that Muslims are held by their commitments, whether they are written or verbal.

Criticism of misyar

Islamic scholars like Ibn Uthaimeen or Al-Albani claim, for their part, that misyar marriage may be legal, but not moral. Muhammad ibn Saalih al-Uthaymeen al-Wuhaibi al-Tamimi (1925-2001 CE) was one of the most prominent Islamic scholars of the latter half of the twentieth century See Albani for other uses of that name Muhammad Nasiruddin al-Albani, Arabic, محمد ناصر الدين They agree that the wife can at any time, reclaim the rights which she gave up at the time of contract. [10] But, they are opposed to this type of marriage on the grounds that it contradicts the spirit of the Islamic law of marriage and that it has perverse effects on the woman, the family and the community in general.

For Al-Albani, misyar marriage may even be considered as illicit, because it runs counter to the objectives and the spirit of marriage in Islam, as described in this verse from the Quran :

“And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts)…”[11]

Al-Albani also underlines the social problems which result from the “misyar” marriage, particularly in the event that children are born from this union. See Albani for other uses of that name Muhammad Nasiruddin al-Albani, Arabic, محمد ناصر الدين The children raised by their mother in a home from which the father is always absent, without reason, may suffer difficulties. [12] The situation becomes even worse if the wife is abandoned or repudiated by her husband "misyar", with no means of subsistence, as usually happens.

As for Ibn Uthaymeen, he recognizes the legality of “misyar” marriage from the Shariah standpoint, but considers that it should be opposed because it has been turned into a real merchandise that is being marketed on a large scale by “marriage agencies”, with no relation to the nature of Islamic marriage. Muhammad ibn Saalih al-Uthaymeen al-Wuhaibi al-Tamimi (1925-2001 CE) was one of the most prominent Islamic scholars of the latter half of the twentieth century Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law.

Critics of this marriage observe, more generally, that this type of marriage usually ends up in divorce, eventually. As a result the wife finds herself abandoned, to lead a solitary life as before the marriage, but traumatised by the experience, while her social status and reputation degraded.

The proponents of the misyar marriage, though they recognise that it can result in problems, observe that it doesn’t have a monopoly on them. The problems result, more generally, from the way in which people apply the rules of the Shariah. Sharia ( Arabic: ar شريعة) is the body of Islamic Religious law.

Today, in a large number of Muslim countries, there are official family and marriage law codes whose provisions wouldn't allow the conclusion of a marriage of the misyar type. However, in a number of Gulf States essentially, misyar marriage is accepted by the community, and is usually arranged privately, through a notary and with no publicity.

A comparison with Nikah Mut’ah

Some traits of the misyar marriage are reminiscent of the Nikah Mut'ah which is practised by Shia Muslims, although it is considered as illicit by Sunni Muslims. for other uses see Muta Mut'ah is an Arabic word meaning literally "joy" Sunni Islam is the largest denomination of Islam. Sunni Islam is also referred to as Ahl as-Sunnah wa’l-Jamā‘h (Arabic [13] The difference is that the Shia Mut'ah marriage is based on a contract with a fixed date of expiry as well as Shiah Mut'ah does not require any witness, but misyar does. for other uses see Muta Mut'ah is an Arabic word meaning literally "joy"

Despite this difference Shia opinion holds that misyar marriage is similar to the Shia mut'ah marriage and that it fills a necessary social function. for other uses see Muta Mut'ah is an Arabic word meaning literally "joy" Such opinion attribute its ban not to the Prophet Muhammad, but to Umar. IMPORTANT PLEASE READ ##### For all questions relating to the addition of (pbuh peace be upon him or other honorifics Umar (a=عمر بن الخطاب|t=`Umar ibn al-Khattāb c 581-83 CE &ndash 7 November, 644) also known as Umar the Great or Omar the Great Sunnis acknowledge that Umar (رضّى الله عنه) again declared Mutah to be illegal, but they also state that he did not make the ruling from himself. He was merely reiterating the words of the Prophet (صلّى الله عليه وآله وسلّم).

Notes and References

  1. ^ Al-Qaradawi, Yusuf : Misyar marriage
  2. ^ Al-Qaradawi, Yusuf : Misyar marriage
  3. ^ Al-Qaradawi, Yusuf : Zawaj al misyar, (1999), (in Arabic), p 10
  4. ^ Jobarti, Somayya : Misyar marriage – a marvel or misery?
  5. ^ Marriage of convenience is allowed, says Grand Imam Tantawi
  6. ^ Al-Qaradawi, Yusuf : Misyar marriage et Zawaj al misyar, p 11
  7. ^ quoted by Al-Hakeem, Mariam : Misyar marriage gaining prominence among Saudis
  8. ^ Al-Qaradawi, Yusuf : Zawaj al misyar p. 8
  9. ^ Al-Qaradawi, Yusuf : Zawaj al misyar , pp. 13-14
  10. ^ name="BinMenie">Bin Menie, Abdullah bin Sulaïman : fatwa concerning the misyar marriage (and opinions by Ibn Uthaymeen, Al-albany) (in Arabic) Yet another marriage with no strings - fatwa committee of al azhar against misyar
  11. ^ Quran, XXX : 21
  12. ^ Wassel quoted in Hassouna addimashqi, Arfane : Nikah al misyar (2000), (in Arabic), p 16)
  13. ^ Al-Qaradawi, Yusuf : Mut’ah marriage

See also

External links

English

Arabic

See Albani for other uses of that name Muhammad Nasiruddin al-Albani, Arabic, محمد ناصر الدين In Islamic law Marriage ("ʿurs" عرس is a legal bond and Social contract between a man and a woman as prompted by the Shari'a. Nikāḥu l-Mut‘ah (نكاح المتعة marriage for pleasure) or sigheh, is a time-delimited Marriage contract according to the Usuli Pilegesh ( is a Hebrew term for a Concubine with similar Social and Legal standing to a recognized wife often for the purpose of producing
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