Dear religion forum ppl, much debate has focused on Mutta the shia form of temporary marriage, here we have another version called Misyar. Practiced in Saudi Arabia and Egypt, it has religious and societal sanction yet has escaped criticism from public debate.
Misyar marriage legal: scholar
By Adel Arafah
7 May 2006
ABU DHABI — Misyar marriage contradicts the rules of Islamic Shariah though it is officially legal, an Abu Dhabi-based Muslim scholar has said.
Speaking to Khaleej Times, Shaikh Mansour Aidha Al Minhali, Director of the Federal Islamic Affairs Department, said though the conditions of Misyar marriage are not in compliance with the Islamic Shariah and law, it is a full-fledged and sound marriage legally.
Misyar is an official relationship between a man and a woman, but does not involve that the two live together, nor is the man responsible for the financial upkeep of his Misyar wife. Misyar allows the man to have a normal wife in addition to his Misyar wife(s). The Misyar wife is expected to live with her parents, and her husband can visit her according to a pre-determined schedule. It allows for a lesser form of relationship between man and woman than a normal marriage.
Shaikh Minhali was commenting on a ‘fatwa’ issued by a Saudi scholar considering the Misyar marriage as legal and conforming with the Islamic Shariah.
Under the Misyar Marriage Contract, the wife enjoys all her legitimate rights through the court. “The validity of this marriage does not contradict with the Shariah and the law, which do not reject this kind of marriage, but stand against certain terms which are not allowed under Shariah and the law,” he said. “The Misyar marriage is a full-fledged rite in terms of dowry, proposal and consent, but the wife accepts it on the condition that it abandons her right to make her husband spend on her, but he can reside and live at her house. She agrees to relieve the husband from shouldering any responsibilities,” he said.
The scholar said the marriage in this form is sound legally, but its said conditions are otherwise null and void. “They can’t be taken for granted. These conditions forbid what is legal and should not be accepted, because the Islamic Shariah makes spending, housing and staying mandatory on the husband. These rights are given by the Islamic Shariah to the wife and the husband should fulfil them all. The husband is not exempted from carrying these responsibilities even if the wife has given them up. If the wife has accepted marriage on these conditions and ceded her rights, and then gone back after the marriage, the husband shall be obliged in view of the Islamic Shariah and law to those rights.”
He affirmed that members of the community should not opt for this kind of marriage, unless there is an urgent necessity, like a man who always travels between countries for a long period, during which he cannot resist his sexual desire. He concluded by saying that even if the wife had the prerogative to shun her rights, both she and her husband have no right to abandon the rights of their children, which are guaranteed by the Islamic Shariah.
Misyar has been practised in Saudi Arabia and Egypt for years. Misyar has met with strong opposition from scholars. Advocates of Misyar claim that the arrangement is in accordance with Islam. They also say that it gives protection to many women who do not find husbands in the traditional system of marriage. Many claim that Misyar has many similarities with Mut’a, practised in Shia Islam, except for the definition of duration of the marriage. Misyar can easily be terminated with a standard divorce, making it quite possible to form a temporary marriage for short periods.
