Jump to content
In the Name of God بسم الله

Mu’tah or Mesyar Marriage.

Rate this topic


Recommended Posts

  • Advanced Member
Posted

Salam Mesyar is not a marriage which it has been prohibited after advent of  Islam by prophet Muahammad (pbu) in similar fashion of other types of marriages of ignorant era while only Mutah marriage has been allowed in holy Quran & prophet Muhammad (pbu) which it has been prohibited by Umar the second Sunnis caliph as one of his great innovations  after demise of prophet Muhammad (pbu) which nowadays Sunnis 

 

Quote

A misyar marriage (Arabic: نکاح المسيار, romanizednikāḥ al-misyār or Arabic: زواج المسيار, romanizedzawāj al-misyār) 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.[1]

https://en.wikipedia.org/wiki/Misyar_marriage

Some critics of the Mesyar marriage consider this type of marriage immoral and a scam for sexual pleasure, and some Sunni jurists have declared it forbidden, saying that not  paying alimony(nafaqa), and not providing a place for the wife to live are against the nature of marriage.

The difference between Misyar and  mut'ah is that Misyar is permanent. To separate, a divorce or annulment of the Misyar marriage must be obtained, and the husband and wife inherit from each other. However, The mut'ah or temporary marriage is temporary and ends automatically when the time expires.

History of Misyar Marriage
Most jurists consider Misyar marriage as a new phenomenon that started in the Tamim region of Arabia and then spread to other regions. The initial idea of this marriage was proposed by Fahd al-Ghanim. However, others believe that this marriage has a historical background and jurisprudential texts from the past are available in this regard.

Quote

For example, Ibn Qudamah stated in Mughni that: "A man stipulates in marriage with a woman that he will go to her one night a week, or in another marriage, he stipulates that he will give her 5-10 dirhams of maintenance every month, or he stipulates that he will visit her on specific days of the month." (Maqadisi, Bi Ta: Vol. 7 - p. 450)

For this reason, some jurists believe that there is a difference between Misyar marriage and the marriage that Ibn Qudamah mentioned in his book, except for the name, which has been newly chosen.

Some jurists compare the marriage of the misyar with the marriage of nights  لیلیات or  days نهاریات(day or night marriage) which has been around since ancient times. In this type of marriage, the woman lives in the husband's house but leaves the house during the day or at night to work.

There is also a great deal of disagreement among the jurists on this matter, and some say that day and night marriages were not common during the time of the Prophet and the caliphs, so It's  not religious. On the other hand, in the marriage of the misyar, the woman has fewer rights than in day and night marriages, and she does not receive alimony(nafaqa), and does not live in the husband's house, so they are not comparable.

https://www.beytoote.com/wedlock/danestani/mesiar-marriage02-path.html

https://ensani.ir/fa/article/2025/اهل-تسنن-و-ازدواج-مسیار

Join the conversation

You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...