Nikah-e-Misyar: Reality and Propaganda
By
Maulana Khalid Saifullah Rahmani
Translated
into English by Ghulam Ghaus Siddiqi, New Age Islam
19 December 2022
Misyar
Marriage Is Typically Performed With A Widow, Divorcee, Or Elderly Woman; It
Also Serves As A Second Marriage For A Man.
Main
Points
1. The Misyar
marriage is valid since it complies with all requirements, including the need
for witnesses, which are necessary for any marriage to be legitimate.
2. The Misyar
marriage violates the recommended style of matrimony because it is not made
publically known and only a small number of people are informed of it.
3. Another
reason why Misyar marriages are despised is the husband's incomplete acceptance
of his duties.
-----
Most Arab
countries today practise Misyar Marriage, which is a new fashion of marriage in
terms of rights and responsibilities. Indian Muslims do not engage in this form
of marriage. But these days, the media misrepresents Nikah-e-Misyar and refers
to it as a temporary marriage in an effort to undermine Islam. However, this is
untrue. The terms and conditions of a Misyar marriage are similar to
those of a normal marriage, in that the bride and groom must agree to the
marriage, witnesses must attest to it, and the Maher must be set. In a typical
marriage, it is also essential that the couple weds a woman with whom it is
legal in Islam to do so and who is not Mahrama because of blood ties or
breastfeeding ties or marital ties. The same requirements must be met for
Nikah-e-Misyar to be validated. In contrast to the typical marriage, the woman
in a Misyar marriage voluntarily forgoes some of her rights.
Nikah-e-Misyar
is a marriage in which all the requirements for a traditional marriage to be
valid are satisfied. The parties mutually agree to give up some marital rights.
They also agree that only a limited number of individuals should know about the
marriage, rather than making it public. (Uqud al-Zawaaj al-Mustahditha)
Misyar
marriage is typically performed with a widow, divorcee, or elderly woman; it
also serves as a second marriage for a man. In this instance, he does not want
his first wife, her family, or his own family to be made aware of it. The
rights that a woman typically gives up include alimony, choosing her own place
to live, sharing nights out with the other wife equally, etc.
The Misyar
marriage is valid since it complies with all requirements, including the need
for witnesses, which are necessary for any marriage to be legitimate. A Hadith
related by Hazrat Aisha confirms this (may Allah be pleased with her). (Sahih
Ibn Habban, Hadith 4075)
In this
regard, there should be no reason to forbid the woman and the man from getting
married. If the woman abandons some of her rights, she is free to do, just as
Hazrat Sauda did when she forwent her turn in favour of Hazrat Aisha, and
Hazrat Safiyya did the same when she forwent her turn one day in favour of
Hazrat Aisha (may Allah be pleased with them). (Sunan Ibn Majah, Kitab
al-Nikah, Hadith: 3791)
That is why
contemporary jurists believe that Misyar marriage is permissible. It will be
deemed valid. But this is a detested act (Makrooh). Famous jurists
including Dr. Wahbah al-Zuhayli, Dr. Yusuf al-Qaradawi, the prayer leader and
Friday preacher at the Grand Mosque Masjid al-Haram in Makkah Sheikh Saud
Al-Shuraim, etc. share this viewpoint (Zawaj al-Misyar al-Mulatq, p. 211, and
website of Raabitatul Aaalamil Islami).
Let's go on
to the explanation for why this act is disliked. A marriage can be solemnised
with just two witnesses present. However, it is preferred to proclaim the
marriage as far as possible. Since there are many worshipers present in the
mosque and people become accustomed to the marriage contract there, the Prophet
advised that the marriage take place there. According to a Hadith, the Prophet
(peace be upon him) said, "Announce the marriage and make it in the
mosques.” (Sunan al-Tirmidhi, Hadith 1089)
The Misyar
marriage violates the recommended style of matrimony because it is not made
publically known and only a small number of people are informed of it. Another
reason why Misyar marriages are despised is the husband's incomplete acceptance
of his duties. In a typical marriage, a husband is expected to assume his
duties fully; however, this is not the condition of a Misyar marriage.
Modern
times have given rise to the phrase "Misyar" marriage. It has gained
popularity as a result of women's propensity to reject their Sautan (husband's
second wife) and men's propensity to avoid marrying widows and divorced women.
Because of this, the Misyar marriage is not mentioned by ancient jurists.
However, comparable marriages are mentioned by Maalikiyya jurists as "Zawaj
al-Nahariyaat" and "Zawaj al-Lailiyyaat,"
respectively. Lail means night, and Nahar means day. When a man marries a woman
and they agree that he would only visit her during the day, this is known as
"Zawaj-e-Nahaari," but if they agree that he will only visit
her at night, it is known as "Zawaj-e-Layli." (Al-Nawadir Wal-Ziyadaat by al-Qairwani:
4/558, also see: Hashiyyah al-Dusuqi: 2/237).
It should
be mentioned, nevertheless, that this marriage is long-term in nature rather
than being only transient. The wife in a Misyar marriage merely gives up some
rights with her consent and desire, which is contrary to a common marriage. Her
renunciation, though, only applies to her own rights. If she has children, her
husband will be obligated to pay for their rights.
In a
similar way to the first wife, this second wife will also be entitled to the
same inheritance rights. The right of the heirs to the inheritance is related
only after the owner's death, not earlier, because there is no way to waive
one's portion before death. The justification is that waiving should only be
done once the right has been demonstrated, not before.
Similarly,
the right of inheritance of the children will be the same for the children born
from both wives. The maintenance costs that her husband pays for his children
who were born to this wife are not something that the other wife has the right
to refuse. The rationale is that one cannot relinquish the rights of others,
even if they are one's own children.
Urdu
Article: Nikah-e-Misyar:
Reality and Propaganda نکاح مسیار ،حقیقت اور پروپیگنڈہ
URL: https://www.newageislam.com/islamic-ideology/nikah-misyar-propaganda/d/128660
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