Legality of Misyar Marriage
Misyar marriage fits within the general rules of marriage in Sunni law, on condition merely that it fulfill all the requirements of the Shariah marriage contract i.e.:
- The agreement of both parties;
- Two legal witnesses (Shahidain)
- The payment by the husband to his wife of Mahr in the amount that is agreed
- 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.
Moreover, as explained by the Saudi Islamic lawyer Abdullah bin Sulaiman bin Menie, a member of the Higher Council of Ulema of Saudi Arabia, the wife can denounce at any time, as she sees fit, 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.
For these reasons, Professor Yusuf Al-Qaradawi observes that he does not promote this type of marriage, although he has to recognise that it is legal, since it fulfills all the requirements of the usual marriage contract. 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. He underlines the fact that Muslims are held by their commitments, whether they are written or verbal.
Read more about this topic: Nikah Misyar
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