Misyar (Traveler's Temporary/Easy Marriage): Difference between revisions

Misyar مسيار properly nikah al-misyar نكاح المسيار or ziwaj al-misyar زواج المسيار is a type of Islamic sharia marriage, whose name originates in colloquial Gulf Arabic but who tradition is alleged to go back to the prophet. The practice is often compared to the practice of mut'ah in the hadith and amongst the Shi'ah although Sunnis do not see the two as analogues. The Misyar marriage differs from a regular, traditional Shari'ah marriage in that the woman relinquishes any claim to some of her traditional rights in the marriage, namely nafaqah or financial spousal support sukun or housing and the right to spend the night with her husband. The burdens on the man are thus reduced, leaving him with only the burden of providing a mahr, two adult, male witnesses, a (verbal or written) marriage contract, and perhaps (this is disputed) the permission of the woman's father/wali. The marriage can thus be entered into quickly, and is ideal for partners looking for sexual gratification while travelling (thus the name) or those who otherwise could not meet all of the traditional requirements of a shari'ah marriage, or could not find a man willing to provide them, such as very young men, poor men, widows, and spinsters. The practice is very controversial in the Muslim world, attracting criticism from both social conservatives who allege it promotes sexual promiscuity and lack of male investment in the family, and feminists who say it hurts women by taking away their rights and promotes lack of male investment in the family. Never the less, although some Muslim jurists have ruled against it for its undesirable social outcomes, most jurists, even those opposed to it, agree that it is a form of marriage which meets all of the traditional requirmements of a marriage in fiqh.

Etymology

The word originates in colloquial Arabic. The root of the verb is م-ي-س with a verb sar سار meaning to walk or, by anology, to travel. In colloquial Khaliji/Gulf arabic, by itself the word means passing/dropping by or staying for a short amount of time. The meaning of of the phras is thus something like "short stay/passing by traveler's marriage."^[1]

Requirements

The traditional requirements of an Islamic marriage are:

1. The mahr or bride price.

2. Two adult male witnesses

3. A verbal offer and acceptance of the marriage

4. The consent of both married parties (and the woman's wali/guardian, usually her father)

The marriage entails the following rights on the part of the woman:

1. The mahr, which cannot be retained by the man even after divorce or taken from her

2. Sukn, or housing, provided by the husbands

3. Nafaqah, or sustenance of her basic needs

4. The right to sleep with him in his bed at least semi-regularly

The Misyar marriage involves the woman relinquishing some or all of these rights (except for the mahr, which is necessary for the marriage to take place). Although the term "misyar" is a neo-logism in modern neo-Arabic, Sahih al Bukhari does say:

Most Islamic scholars, then consider it halal for the wife to forego some of her rights (by will, not by compulsion) if she wants to. The misyar marriage thus allows the two parties legitimate sexual intercourse while removing the responsibilities of the man to his wife.

Differences from traditional Islamic Marriage

Since the misyar marriage does not require the bruidegroom to provide the bride with any nafaqah/sustenance or sukn/housing it is much cheaper for the man than the full Islamic marriage with all of the rights claimed by the woman. The mahr itself can be anything (in the Sahih hadith the prophet accepts inter alia an iron ring as the mahr of a woman), so the misyar is ideal for men who cannot afford to house and provide for a wife. Since the husband also has no obligation to sleep at the house of the wife, it is also ideal for men looking for short term sexual encounters or sexual encounters outside the bounds of their main marriage.

Even though the man is not obligated to take care of the woman in the same way as in a normal Islamic marriage, he still bears the responsibility for child support for all children that result from the marriage. If he chooses divorce, tho, the wife is (as in regular Islamic marriages) entitled to nothing from the man but the mahr.

Social Effects

The misyar marriage has arisen in the Gulf due to a number of factors:

1. The rise of "spinsterhood" or women who, due to age or previous marriage, are not considered attractive on the dating market.

2. The heavy burden of mahr + nafaqah on poorer men, especially with the growth in expectations for mahr from men.

3. The strict social expectations around sex since the Islamic revival, with casual or non-marital sex becoming increasingly taboo and even punished by the government in some Muslim countries such as Saudi Arabia.

Controversies