Misyar Marriage Law - Sharia Online DepokSyariah Online Depok

QUESTION:

Honestly, I also just found out that there is a term for misyar marriage, hopefully that’s okay, sir. can provide an explanation about that. afwan wa jazakallah….ust. (+62 821-1209-xxxx)

ANSWER

Bismillahirrahmanirrahim..

Misyar marriage, like marriage in general, if the conditions and all the pillars are met then it is valid. That’s on the legal side.

Even regarding the halal and haram laws, today’s scholars have different opinions. This difference is because the background to the misyar marriage is controversial.

A misyar marriage is a marriage where the woman only wants to obtain the status of a “wife”, so she doesn’t have to live at home with her husband, as well as shopping or alimony, or night shifts.

Usually women do this due to many factors;

– women are very busy, their economy is well established, so they are not dependent on men, but they also need social recognition as a woman who has a husband.

– or because she is already an old maid, so she is ready to get married, even though her rights are not granted

– or because she wants to take care of her parents, whether because they are old or sick, so she remains with her parents, not with her husband.

– and other factors.

The clerics, some of them allow it, like some Saudi clerics. There are also those who forbid it, such as Sheikh al Albani, because it is considered not in accordance with the principles and goals of Islamic marriage.

Meanwhile, Shaykh Al Qaradawi said that according to Islamic jurisprudence, misyar marriage is legal and permissible, but he also said that he does not like misyar marriage, does not recommend it, and does not recommend it.

Therefore, the issue of misyar marriage is not good if it becomes a general fatwa that applies to all situations. It is more appropriate for a misyar marriage to be adjusted to the conditions of each participant and provide a specific fatwa for him or her, which may not necessarily be appropriate for others.

Wallahu A’lam