Misyar marriage conditions and pillars and is it permissible or forbidden

Marriage in Islam is considered a sacred bond based on love and mercy. It is the legitimate means of forming a family and ensuring societal stability. With the evolution of social and economic conditions, certain types of marriage have emerged to meet the needs of specific individuals, including Misyar marriage.Misyar marriage is a form of legitimate marriage that fulfills all official contract requirements, but the wife voluntarily waives some of her rights, such as housing or permanent financial support, according to mutual agreement between both parties. While this type of marriage may be a suitable solution for some, it remains a subject of debate due to its potential positive and negative impacts on families and society.In this Daleeli Medical guide, we will explore the definition of Misyar marriage, its conditions its ruling in Islam, and its key benefits and drawbacks. This will help us understand whether it serves as a solution to specific problems or creates new challenges. Keep reading to learn more!

Is Misyar Marriage Halal or Haram?

Misyar marriage is fundamentally permissible in Islam since it fulfills all the necessary conditions and pillars of a valid marriage. However, scholars have differing opinions regarding its desirability and social impact. Below is a detailed explanation of this issue:

First: Scholars' Opinions on the Ruling of Misyar Marriage

Opinion 1: Permissibility (Allowed but Disliked in Some Cases)

Scholars who support this view believe that Misyar marriage is permissible because it meets all the essential conditions of a valid Islamic marriage, which include:

✔️ Mutual consent between the bride and groom.
✔️ Presence of a guardian (wali) for the bride.
✔️ Witnesses to validate the marriage.
✔️ Payment of the dowry (mahr) to the bride.

Scholars who hold this view include:

Sheikh Ibn Baz (may Allah have mercy on him).
Sheikh Ibn Uthaymeen (may Allah have mercy on him) – though he noted that this type of marriage may not be socially suitable.
Some Islamic legal bodies across the Muslim world.

However, some scholars consider Misyar marriage to be disliked (makruh) in certain situations, particularly if it leads to the neglect of the wife's emotional and social rights.

Opinion 2: Prohibition or Disapproval

Some scholars argue that Misyar marriage is impermissible or discouraged because it may lead to harm for women and families and could be misused for unethical purposes, such as:

❌ Exploiting women and forcing them to give up their rights due to financial hardship.
❌ Family instability because the husband does not fulfill full responsibilities towards his wife.
❌ Misuse by some men who use it for temporary pleasure without genuine intentions of a lasting marriage.

Scholars who hold this view include:

Sheikh Yusuf Al-Qaradawi (may Allah have mercy on him) – who considered it undesirable in Islamic teachings.
Some Islamic jurisprudential councils, which believe that this type of marriage leads to negative social consequences.

Based on this perspective, although Misyar marriage is technically valid, it contradicts the essence of Islamic marriage, which is meant to be based on stability, love, and mercy.

Second: The Difference Between Misyar Marriage and Temporary Marriage (Mut'ah)

Misyar marriage is not the same as Mut'ah marriage, and there are significant differences between the two:

Type	Definition	Islamic Ruling
Misyar Marriage	A valid Islamic marriage where the wife voluntarily gives up some rights, such as housing and financial support.	Permissible according to some scholars, while others consider it disliked or discouraged.
Mut'ah Marriage	A temporary marriage with a fixed time limit that automatically ends when the agreed duration expires.	Strictly forbidden by consensus among Sunni scholars.

Thus, Misyar marriage is a permanent and legitimate marriage, whereas Mut'ah marriage is a temporary and forbidden practice.

Third: Is Misyar Marriage Suitable for Everyone?

Misyar marriage may be suitable for specific individuals, such as:

✔️ A man who wants to get married but cannot afford full housing and financial responsibilities.
✔️ A divorced or widowed woman who wishes to remarry but does not need full financial support or permanent housing.

However, it may not be ideal for those seeking a traditional marriage with full marital rights and responsibilities.

When Is Misyar Marriage Not Suitable?

Misyar marriage may not be the right choice in certain situations, such as:

❌ When a woman seeks a stable and emotionally fulfilling marriage.
❌ When the husband intends a temporary marriage without genuine commitment, which may harm the wife.

Therefore, the decision to enter into a Misyar marriage depends on the needs and expectations of both spouses. It is crucial to have clarity and mutual understanding to avoid future conflicts.

Reasons for the Spread of Misyar Marriage

Misyar marriage has become increasingly common in many Arab and Islamic countries, particularly in recent decades. This trend can be attributed to several social, economic, religious, and psychological factors, as explained below:

First: Social Factors

???? High rates of late marriage (spinsterhood)
In many societies, women face difficulties in finding a traditional marriage due to increasing marriage age, and Misyar marriage is seen as a suitable alternative, especially with changing social norms.

???? Rising divorce rates
Divorced and widowed women often struggle to remarry, particularly if they are financially independent. Misyar marriage offers them an option without the full obligations of traditional marriage.

???? Rejection of traditional marriage by some women
Some women do not wish to take on the full responsibilities of married life, such as household management and full-time care for a husband. Misyar marriage provides them with a legal bond while maintaining greater independence.

???? Men working abroad
Many men travel for work in foreign countries, making it difficult for them to maintain a conventional marriage. Misyar marriage serves as a practical alternative that fits their lifestyle.

Second: Economic Factors

???? High costs of traditional marriage
The financial burden of marriage has increased due to expensive dowries, wedding celebrations, and housing requirements. Misyar marriage presents a more affordable option.

???? Men who cannot afford full family expenses
Some men wish to marry but cannot afford separate housing or full financial support for a wife and children. Misyar marriage allows them to marry within their financial means.

???? Women’s financial independence
Many modern women have stable incomes and do not rely on a husband for financial support. They may opt for Misyar marriage for emotional stability rather than financial security.

Third: Religious Factors

???? Avoiding illicit relationships
Men who cannot afford traditional marriage sometimes turn to Misyar marriage as a permissible alternative, helping them stay away from forbidden relationships while maintaining their chastity.

???? Polygamy without major social conflicts
Some men wish to practice polygamy, but fear social pressures or their first wife’s disapproval. Misyar marriage allows them to marry without full obligations of equal housing and time division.

???? Facilitating marriage under Islamic law
Some scholars believe Misyar marriage helps reduce immorality and provides a religiously acceptable way for people to get married in certain situations.

Fourth: Psychological and Emotional Factors

❤️ Men seeking companionship without full marital responsibilities
Some men, especially older individuals or those with demanding careers, wish to marry but without the full burdens of a traditional marriage.

❤️ Women who prefer independence while being married
Some women want to marry but without the daily responsibilities of a conventional marriage, making Misyar marriage a compromise between marriage and independence.

Not registered officially, which may cause legal issues.
Religiously valid if it meets Islamic conditions but may not be recognized legally in some countries.
May lead to loss of rights for the wife or children if not documented later.

When Is It Used?

✔️ In societies where marriage registration is difficult.
✔️ When couples delay official documentation for personal reasons.

Final Thoughts

Misyar marriage varies in its application, and while it is permissible under Islamic law, it may have social and legal consequences. Each type has its specific circumstances and considerations, making it important for individuals to understand their rights and responsibilities before entering into such a marriage.

The Benefits of Misyar Marriage

Misyar marriage is a form of legitimate marriage that allows couples to ease some marital obligations, such as housing and financial support, based on mutual agreement. Despite the controversy surrounding it, Misyar marriage offers various benefits from religious, social, economic, and practical perspectives, particularly in certain situations. Below is a detailed overview of these benefits:

Religious and Legal Benefits

1. Preventing Sin

Helps reduce illicit relationships and serves as an alternative to falling into adultery, especially for those who cannot afford traditional marriage.
Contributes to chastity for both men and women, following Islamic teachings.

2. Fulfilling the Sunnah of Marriage

Marriage is a fundamental aspect of Islamic teachings, and Misyar marriage provides an accessible way to fulfill this blessed Sunnah.
The Prophet ﷺ said: "O young men, whoever among you can afford marriage, let him marry..." (Agreed upon).

3. Guaranteeing Women's Rights

Unlike unlawful relationships, Misyar marriage ensures women's rights, such as dowry (mahr), lineage, and inheritance, while remaining legally documented.

Social Benefits

1. Addressing the Issue of Late Marriage

Provides a suitable option for women facing difficulties in finding a spouse due to social or economic circumstances.
Increases marriage opportunities, especially for women who have passed the traditional marriage age.

2. Offering a New Opportunity for Divorced and Widowed Women

Women who have lost their husbands due to divorce or death may find a second marriage opportunity through Misyar without bearing the full financial or family responsibilities.

3. Allowing Married Men to Remarry with Fewer Challenges

Some men wish to marry a second wife but cannot fully provide housing and financial support, making Misyar a practical solution.

4. Maintaining Stability in the First Family

A man who cannot commit to traditional remarriage due to family responsibilities can opt for Misyar without significantly affecting his first wife and children.

5. Reducing Social Pressure on Unmarried Women

In some societies, women face pressure due to remaining unmarried, and Misyar marriage offers a solution without drastically changing their lifestyle.

Economic Benefits

1. Reducing Financial Burden on the Husband

The husband is not obligated to provide full housing and financial support, making it a viable option for those who cannot afford traditional marriage expenses.

2. Promoting Financial Stability for Both Partners

Some women do not require financial support because they work or have independent income, making Misyar a mutually beneficial agreement.

3. Lower Cost Compared to Traditional Marriage

Does not require expensive wedding ceremonies or costly preparations, making it a more affordable option.

Practical Benefits for Married Life

1. Flexibility in the Marital Relationship

The couple is not required to live together permanently, making it suitable for men who travel frequently or work in different cities.
Some women prefer maintaining their independence, and Misyar marriage allows them to do so.

2. Maintaining Privacy

Some couples prefer to keep their marriage private due to family or societal reasons, making Misyar a suitable solution.

3. Establishing a Harmonious Relationship Without Heavy Commitments

Suitable for women who do not wish to take on full marital responsibilities, such as childcare or managing a household daily.

Conditions of Misyar Marriage

For Misyar marriage to be Islamically valid, it must meet the fundamental conditions of a legitimate marriage. Below are the essential steps to ensure a proper Misyar marriage contract:

1. Mutual Consent of Both Spouses

Both parties must fully agree to the marriage without coercion, as marriage is based on free will and mutual understanding.

2. Presence of the Woman’s Guardian (Wali)

In most Islamic schools of thought, the presence of a guardian (wali) is required for a valid marriage contract.
The wali should be a sane, adult male from the bride’s family, such as her father, grandfather, or brother.
If there is no wali, or if he refuses without a legitimate reason, an Islamic judge (qadi) may act as the wali.

3. Two Righteous Witnesses

Two adult, sane, Muslim witnesses must be present to validate the marriage and protect it from future disputes.
Witnesses ensure the contract's legitimacy and confirm mutual consent between the spouses.

4. Specification of the Dowry (Mahr)

The mahr is the wife’s legal right and must be agreed upon by both parties.
It can be a monetary amount or something of value and may be given immediately or deferred, based on their agreement.

Islamic Rulings on Misyar Marriage According to the Four Schools of Thought

Misyar marriage is a legitimate marriage in which the wife voluntarily waives some of her rights, such as financial support or cohabitation. Islamic scholars have different opinions regarding its ruling. Below is a summary of the views from the four major schools of Islamic jurisprudence:

1. Hanafi School (Hanafis)

Ruling: Permissible if all marriage requirements are met.
Details: Hanafis believe that any marriage contract fulfilling the necessary conditions is valid, even if the wife waives some of her rights.
However, they prefer traditional marriage, as it provides more stability and protects women’s rights.

2. Maliki School (Malikis)

Ruling: Disliked (makruh) or discouraged, but does not invalidate the marriage.
Details: Malikis emphasize that marriage should promote stability and fairness, especially in cases of polygamy.
They believe Misyar marriage may lead to injustice, particularly if the husband neglects the wife after marriage.
However, they do not consider it haram (forbidden) as long as it meets Islamic requirements.

3. Shafi’i School (Shafi’is)

Ruling: Permissible but not recommended.
Details: Shafi’i scholars consider Misyar marriage valid if all its conditions and pillars are fulfilled, even if the wife waives some of her rights.
However, they discourage the waiving of financial support and housing, as this could lead to future problems.
They also stress the importance of publicizing the marriage to avoid suspicion or exploitation of women.

4. Hanbali School (Hanbalis)

Ruling: Permissible but may be discouraged in certain cases.
Details: Hanbali scholars state that a woman may waive her rights willingly, making Misyar marriage valid.
However, they caution against its misuse, such as using it merely for temporary pleasure without genuine commitment.
Prominent Hanbali scholars like Sheikh Ibn Baz and Sheikh Ibn Uthaymeen have permitted Misyar marriage, provided there is fairness and no harm to the wife.

Misyar marriage remains a debated topic, with varying views on its long-term impact on individuals and society. While it provides a solution for some people, it is essential to ensure that it aligns with the principles of fairness, respect, and stability in marital relationships.

The Difference Between Misyar Marriage, Mut'ah Marriage, and Urfi Marriage

Aspect	Misyar Marriage	Mut'ah Marriage (Forbidden)	Urfi Marriage
Definition	A legitimate marriage where the wife waives some rights, such as financial support or housing.	A temporary marriage with a fixed duration agreed upon by both parties, ending automatically when the time expires.	A legitimate marriage not officially documented in court or government institutions.
Religious Ruling	Permissible if it meets all the required conditions and pillars of marriage.	Forbidden by the majority of scholars because it is temporary.	Permissible in Islam but may cause legal issues.
Dowry (Mahr)	Mandatory, just like in a traditional marriage.	Mandatory but can be symbolic.	Mandatory, just like in a traditional marriage.
Duration	Indefinite, like a traditional marriage.	Fixed for a predetermined period, after which the marriage ends automatically.	Indefinite.
Publicity & Announcement	Usually public, but may sometimes be secret.	Often secret and not publicly announced.	In some cases, it is secret if not officially documented.
Inheritance Between Spouses	Spouses inherit from each other.	No inheritance rights because the marriage is temporary.	Inheritance is granted if the marriage fulfills Islamic conditions.
Legal Documentation	Registered officially in some countries.	Not officially registered.	Not officially registered, which may lead to legal disputes.
Divorce Process	Ends through proper Islamic divorce.	No divorce is needed; it ends automatically upon the agreed duration.	Ends through proper Islamic divorce.
Wife’s Rights	The wife waives some rights, such as housing or financial support.	She has no rights after the marriage ends.	She has Islamic rights, but they may be lost due to lack of official documentation.
Children’s Rights	The children are legally attributed to the father and have full rights.	The children are attributed to the father, but inheritance rights may be disputed in some cases.	The children are attributed to the father if the marriage is religiously valid.
Main Purpose	Facilitating marriage with fewer obligations for both parties.	Temporary pleasure without long-term commitments.	Avoiding legal or social restrictions on official marriage.

1- Is Dowry (Mahr) a Condition in Misyar Marriage?

Yes, the dowry is an essential requirement for a valid marriage in Islam, and a marriage without a dowry is not valid, as stated in the Quran:

"And give the women their dowries as a free gift." (Surah An-Nisa: 4)

The dowry is a fundamental right of the wife, even in Misyar marriage.

There is no specific minimum or maximum amount for the dowry, but it should be appropriate to the circumstances of the spouses.

2- Can the Dowry in Misyar Marriage Be Symbolic or Minimal?

Yes, the dowry in Misyar marriage can be symbolic or minimal. Some women choose to request a small dowry to make the marriage easier, but it cannot be entirely waived.

The dowry can be monetary or non-monetary, such as a gift, gold, or a specific service.

Some women in Misyar marriage may request a very small dowry, or even a symbolic dowry like a Quran or a simple ring.

3- When Should the Dowry Be Paid in Misyar Marriage?

The payment of the dowry is agreed upon by both spouses and can take one of the following forms:

Immediate Dowry: Paid before or during the marriage contract.
Deferred Dowry: Paid at a later time, such as in the event of divorce or death.
Installment Plan: Paid in parts according to an agreement between the spouses.

Note: Even if the wife waives her right to financial support or housing in Misyar marriage, she cannot waive the dowry entirely, as it is a fundamental component of a valid marriage contract.

4- Can a Woman Waive Her Dowry in Misyar Marriage?

After the marriage contract is completed, a woman can voluntarily gift her dowry to her husband if she wishes. However, she cannot be forced to waive it in the first place.

Allah says in the Quran:
"But if they, of their own accord, remit any part of it to you, then take it in satisfaction and ease." (Surah An-Nisa: 4)

However, making the waiver of dowry a precondition in the contract is not permissible, as it affects the validity of the marriage.

ماهو زواج المسيار ؟حكم زواج المسيار فى الاسلام شروط زواج المسيار الشرعى فوائد وسلبيات زواج المسيار الفرق بين الزواج العادى العادى وزواج المسيار حقوق الزوجة فى زواج المسيار اسباب انتشار زواج المسيار تاثير زواج المسيار على الاسرة والمجتمع