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Misyar (Traveler's Temporary/Easy Marriage): Difference between revisions
Misyar (Traveler's Temporary/Easy Marriage) (view source)
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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 | 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 Arabi,c but whose tradition is alleged to go back to the prophet. The practice is often compared to the practice of [[mut'ah]], found 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== | ==Etymology== | ||
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1. The [[mahr]] or bride price. | 1. The [[mahr]] or bride price. | ||
2. Two adult male witnesses | 2. Two adult male witnesses (at least) | ||
3. A verbal offer and acceptance of the marriage | 3. A verbal offer and acceptance of the marriage | ||
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4. The consent of both married parties (and the woman's wali/guardian, usually her father) | 4. The consent of both married parties (and the woman's wali/guardian, usually her father) | ||
The marriage | The marriage provides the following rights to the woman from them man: | ||
1. The mahr, which cannot be retained by the man even after divorce or taken from her | 1. The mahr, which cannot be retained by the man even after divorce or taken from her | ||
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==Controversies== | ==Controversies== | ||
The misyar marriage has been the cause of many controversies on the societal scale and for individual famous Muslims. | |||
The misyar marriage has been accused by social conservatives of spreading sexual promiscuity and loose morality in Mulim societies. Feminists and social conservatives have accused misyar of cause the mistreatment of women and the abondonment of the children resulting from such couplings. For this reason, although they acknowledge that the misyar is, as far a jurisprudence goes, an allowable form of Islamic marriage, many Islamic scholars and sheikhs such as ibn Baz and Qardawi have ruled it invalid due to the social harms it causes. | |||
In 2025, the promminent Islamic [[da'i|dawa]] Mohammad Hijab was accused by an anonymous woman of engaging in a misyar "sex marriage" where she was mistreated, used for sex, abused, and cut off from her family and friends. She acussed Mohammad Hijab of telling her to act "like his girlfriend", giving her a McDonald's meal for a mahr, hiding the marriage from her father (she had no wali/guardian when she was married, which is considered illegitimate in most schools of Islamic law but is allowed by the Hanafis for all forms of marriage), and of gas lighting her and threatening her with social ostracization should she tell anyone of their arrangement. She and her father went on the record that Hijab used his knowledge of the shari'ah and his reputation to bully the woman, who is a single mother, into the marriage and to keep her in it despite her protestations and pleas for support. Hijab has responded that the misyar marriage was Islamically sound and denied all wrongdoing. | |||