Nikah Misyar

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Nikah Misyar or "travellers' marriage" (Arabic: نكاح المسيار‎) is the Sunni Muslim Nikah (marriage) contract carried out via the normal contractual procedure, with a negotiated understanding between the couple that the husband is not obliged to fulfill his usual financial commitments, and the wife lives a separate or independent life also free from her marital commitments. The couple continue to live separately from each other, as before their contract, and see each other to fulfill their needs in a halaal manner when they please.

Essentially the wife gives up some of her rights, such as; living with the husband, equal division of nights between wives in cases of polygamy, rights to housing, and maintenance money ("nafaqa"), while the husband also gives up his normal marital rights[1]

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[edit] Background and causes

The misyar marriage represents, according to some, an adaptation of the needs of people who are not able to marry in the traditional way, in countries such as Saudi Arabia, Kuwait or the United Arab Emirates. This is usually due to the cost of rents; the high cost of living in general; the high amounts of dowry required; and other similar economic and financial concerns.[2]

The Sheikh of Al-Azhar Muhammad Sayid Tantawi and the well-known theologian Yusuf Al-Qaradawi note in their writings and in their lectures, that a major proportion of the men who take a spouse in the framework of the misyar marriage are already married men.[3]

Islamic lawyers argue that it fits the needs of a conservative society which punishes “zina” (fornication) and other sexual relationships which are established outside a marriage contract. Islamic lawyers explain that it can be ideal for young people whose resources are too limited to settle down in a separate home; for divorcees, widows or widowers, who have their own residence and their own financial resources but cannot, or do not want to marry again according to the usual formula; and for slightly elder people who have not tasted the joys of marriage. Thus this is argued as a solution for the million and half women who are reduced to a situation of forced celibacy in Saudi Arabia alone.[4]

Some traits of this marriage are reminiscent of the Nikah Mut'ah which was practised in Arabia before Islam, and is still practised by Shia Muslims as a legitimate form of marriage, although it is considered as an illicit one by Sunni Muslims.[5] The difference is that the Shia Mut'ah marriage is based on a contract with a fixed date of expiry, and does not require witnesses. In contrast, the Sunni misyar marriage has no fixed duration and can progress into the standard type of marriage, with the husband providing financial support to his wife, or even living with her part of the time, for example, in the event of any condition stipulated in to the contract coming into being, such as pregnancy.

[edit] Misyar Marriage in practice

The practice of Misyar marriage is sometimes different from the reasons Islamic lawyers give for this institution.

Wealthy Kuwaiti and Saudi men sometimes enter into a Misyar marriage while on vacation, this allows them to have sexual relations with another woman without committing the sin of zina, they usually divorce the women once their holiday is over, although if this is understood by both parties this would constitute a fixed time period, effectively making such a marriage invalid in Sunni law, and more akin to the Shia Mut'ah marriage. They travel to poorer countries, such as Egypt or Syria, and meet middlemen who arrange a marriage for them. Some men arrange Misyar marriages online. These men pay the girl's family some money; families agree to the arrangement because of poverty, hope their girl will have fun, and visit places that she can only dream about. They also hope for gifts at the end of the marriage that the rich husband will give her. Sometimes the husband keeps the wife for his next vacation and sends her money in the interim period. Many wives hope to win the love of their husbands so that they may live with them permanently. Since the wife knows that she will most likely be divorced, most misyar wives do their best to prevent pregnancy.

Some Egyptian men working in the Gulf countries prefer to engage in the misyar marriage rather than live alone for years. Many of them are actually already married with wives and children in their home country, but they cannot bring them.

A reporter in Jeddah reported that some marriage officials say seven of 10 marriage contracts they conduct are misyar, and in some cases are asked to recommend prospective misyar partners. Most of the women opting for misyar either are divorced, widowed or older than what is desired by many.

[edit] Legality of misyar marriage

Contrary to widely held beliefs, misyar marriage fits within the general rules of marriage in Sunni Islamic law.

Islamic lawyers argue it fulfills all the requirements of the Shariah marriage contract i.e:

  • The agreement of both parties;
  • Two legal witnesses (Shahidain)
  • The presence of a representitive or legal guardian for the wife (Wali)
  • The payment by the husband to his wife of Mahr in the amount that is agreed[6]
  • The absence of a fixed time period for the contract
  • Shuroot, Any particular stipulations which the two parties agree to include in the contract and which are in conformity with Muslim marriage law.

The Saudi Islamic lawyer Abdullah bin Sulaiman bin Menie, a member of the Higher Council of Ulema of Saudi Arabia, argues that the wife at any time can denounce her renunciation of her financial rights, and require of her husband that he give her all her rights, including that he live with her and provide for her financial needs ("nafaqa"). The husband can then either do so, or grant her a divorce.[7]

Professor Yusuf Al-Qaradawi, observes that he does not promote this type of marriage, but has to recognize that it is legal.[8] He states his preference that the clause of renunciation be not included within the marriage contract, but be the subject of a simple verbal agreement between the parties.[9] He underlines the fact that Muslims are held by their commitments, whether they are written or verbal.

[edit] Criticism of misyar

Islamic scholars like Ibn Uthaimeen or Al-Albani claim that misyar marriage may be legal, but not moral, or agreeable. They argue that the wife can at any time, reclaim the rights which she gave up at the time of contract.[10] They are opposed to this type of marriage because it contradicts the spirit of the Islamic law of marriage and argue it has perverse effects on the woman, the family and the community in general.

Critics argue that many men would not marry a second wife within the regime of normal Islamic polygamy, because of the heavy financial burdens, moral obligations & responsibilities it places on the husband, so opt for the easy option of misyar marriage.[11]

Critics also argue that this type of marriage usually ends up in divorce eventually. As a result the wife finds herself abandoned, to lead a solitary life as before the marriage, but traumatized by the experience, while her social status and reputation degraded.

For these reasons, Al-Albani considers that the misyar marriage is not licit, because it runs counter to the objectives and the spirit of marriage in Islam, as described in this verse from the Quran :

“And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your (hearts)…”[12]

Al-Albani also underlined the social problems which could result from the “misyar” marriage, particularly in the event that children are born from this union. The children raised by their mother in a home from which the father is always absent, without reason, may suffer difficulties.[13][14] The situation becomes even worse if the wife is abandoned or repudiated by her husband "misyar", with no means of subsistence, as usually happens.

As for Ibn Uthaymeen, he recognizes the legality of “misyar” marriage from the Shariah standpoint, but considers that it should be opposed because it has been turned into a real merchandise that is being marketed on a large scale by “marriage agencies”, with no relation to the nature of Islamic marriage.[13]

The proponents of the misyar marriage, though they recognize that it can result in problems, observe that it doesn’t have a monopoly on them. They result, more generally, from the way in which people apply the rules of the Shariah.

Today, there are many official family and marriage law codes in Muslim countries, but misyar marriage is usually arranged privately, through a notary and with no publicity.

[edit] Shia view

Shias view misyar marriage as similar to their mutah marriage. Shia believe that Nikah Mut'ah fills a necessary social function, and attribute its ban not to the Prophet Muhammad, but to Umar. Shia believe Sunnis should declare Nikah Mut'ah licit for the Sunni Muslims, instead of promoting the misyar marriage. Sunnis argue that Mutah marriage is simply a conduit for prostitution due to its fixed time period, which could be set at a few hours, whereas misyar does not allow time periods of expiry to be set, and leaves the option of commitment open.

[edit] Notes and References

  1. ^ Al-Qaradawi, Yusuf : Misyar marriage
  2. ^ Al-Qaradawi, Yusuf : Misyar marriage
  3. ^ Jobarti, Somayya : Misyar marriage – a marvel or misery?
  4. ^ Al-Qaradawi, Yusuf : Zawaj al misyar, (1999), (in Arabic), p 10
  5. ^ Al-Qaradawi, Yusuf : Mut’ah marriage
  6. ^ Al-Qaradawi, Yusuf : Misyar marriage et Zawaj al misyar, p 11
  7. ^ quoted by Al-Hakeem, Mariam : Misyar marriage gaining prominence among Saudis
  8. ^ Al-Qaradawi, Yusuf : Zawaj al misyar p.8
  9. ^ Al-Qaradawi, Yusuf : Zawaj al misyar , pp.13-14
  10. ^ name="BinMenie">Bin Menie, Abdullah bin Sulaïman : fatwa concerning the misyar marriage (and opinions by Ibn Uthaymeen, Al-albany) (in Arabic) Yet another marriage with no strings - fatwa committee of al azhar against misyar
  11. ^ Marriage of convenience is allowed, says Grand Imam Tantawi
  12. ^ Quran, XXX : 21
  13. ^ a b
  14. ^ Wassel quoted in Hassouna addimashqi, Arfane : Nikah al misyar (2000), (in Arabic), p 16)

[edit] See also

[edit] External links

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[edit] Arabic

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