A recent study suggests that several men resort to misyar marriage in order to avoid adultery in the Arab World.
What is Nikah-e-Misyar and is it allowed in Islam? A misyar marriage is legal across Arab countries. It is a contract under which the husband and wife give up several rights by their own free will, such as living together, equal division of nights between wives, the wife’s rights to housing, and maintenance money, and the husband’s right to home-keeping and access.
The practice is often used in some Islamic countries to give a legal recognition to behavior that might otherwise be considered adulterous via temporary, contractual marriage. Usually, it is similar to the common Nikah among Muslims.
The conditions for Misyar include:
- The agreement of both parties
- Two legal witnesses
- The payment of Mahr by the husband to his wife
- The absence of a fixed time period for the contract
- Any particular stipulations which the two parties agree to include in the contract and which are in conformity with Muslim marriage law
Fatwa on Misyar Marriage
One of the major contemporary Islamic Schools, i.e. Dar Al-Ifta Al Missrriyah also has a fatwa on the issue:
It says, ‘The word “misyar” is not a formal Arabic word but a colloquial word common in some countries. The word “misyar” may mean to ‘stop by’ or ‘stay for a short time’. Therefore, it seems that “misyar” marriage is derived from this meaning, because in such a marriage, a husband visits his wife at irregular intervals and does not stay at her place for a long time. Misyar marriage is deemed valid if it meets the integrals and conditions of the marriage contract and so long as there is nothing to prevent the marriage.’ One can read entire Fatwa here.
Another opinion (Fatwa) on misyar includes: Misyar marriage meets all the integrals and conditions of the marriage contract. However, the woman agrees with the husband to waive her rights to staying overnight and expenses or either of them. It is a valid form of marriage. This agreement is unbinding since the woman is entitled to ask for her rights to overnight stays and expenses whenever she wishes and the husband is to comply with her demands.
Thus, it shows that misyar marriage is legal and valid in Islam.