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- Feb 28, 2021
Wikipedia: Misyar marriage
("Traveller's Marriage")A misyar marriage (Arabic: نکاح المسيار, romanized: nikah al-misyar or more often زواج المسيار zawaj al-misyar "traveller's marriage") is a type of marriage contract allowed by some Sunni Muslims.
The husband and wife thus joined are able to renounce some marital rights such as living together, the wife's rights to housing and maintenance money (nafaqa), 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 marriages.
Misyar Marriage: Definition and Rulings
From: Islam - Questions & AnswersWhat is misyar marriage?
Misyar 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 husband’s staying overnight with her.
That if Misyar marriage fulfils the conditions of a valid marriage , namely the proposal and acceptance, the consent of the wali and witnesses or announcement of the marriage, then it is a valid marriage contract, and it is good for some categories of men and women whose circumstances call for this type of marriage.
Finally, what we think is:
That if Misyar marriage fulfils the conditions of a valid marriage , namely the proposal and acceptance, the consent of the wali and witnesses or announcement of the marriage, then it is a valid marriage contract, and it is good for some categories of men and women whose circumstances call for this type of marriage.
But this may be taken advantage of by some whose religious commitment is weak, hence this permissibility should not be described as general in application in a fatwa, rather the situation of each couple should be examined, and if this kind of marriage is good for them then it should be permitted, otherwise they should not be allowed to do it.
That is to prevent marriage for the sake of mere pleasure whilst losing the other benefits of marriage, and to prevent the marriage of two people whose marriage we may be certain is likely to fail and in which the wife will be neglected, such as one who will be away from his wife for many months, and will leave her on her own in an apartment, watching TV and visiting chat rooms and going on the internet.
How can such a weak woman spend her time? This is different from one who lives with her family or children and has enough religious commitment, obedience, chastity and modesty to help her be patient during her husband’s absence.
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