Nikah-e-Misyar: Reality and Propaganda

By Maulana Khalid Saifullah Rahmani Translated into Urdu by Ghulam Ghaus Siddiqi, New Age Islam 19 December 2022 Misyar Marriage Is Typically Performed With A Widow, Divorcee, Or Elderly Woman; It Also Serves As A Second Marriage For A Man. Main Points 1. The Misyar marriage is valid since it complies with all requirements, including the need for witnesses, which are necessary for any marriage to be legitimate. 2. The Misyar marriage violates the recommended style of matrimony because it is not made publically known and only a small number of people are informed of it. 3. Another reason why Misyar marriages are despised is the husband's incomplete acceptance of his duties. ----- Most Arab countries today practise Misyar Marriage, which is a new fashion of marriage in terms of rights and responsibilities. Indian Muslims do not engage in this form of marriage. But these days, the media misrepresents Nikah-e-Misyar and refers to it as a temporary marriage in an effort to undermine Islam. However, this is untrue. The terms and conditions of a Misyar marriage are similar to those of a normal marriage, in that the bride and groom must agree to the marriage, witnesses must attest to it, and the Maher must be set. In a typical marriage, it is also essential that the couple weds a woman with whom it is legal in Islam to do so and who is not Mahrama because of blood ties or breastfeeding ties or marital ties. The same requirements must be met for Nikah-e-Misyar to be validated. In contrast to the typical marriage, the woman in a Misyar marriage voluntarily forgoes some of her rights. Nikah-e-Misyar is a marriage in which all the requirements for a traditional marriage to be valid are satisfied. The parties mutually agree to give up some marital rights. They also agree that only a limited number of individuals should know about the marriage, rather than making it public. (Uqud al-Zawaaj al-Mustahditha) Misyar marriage is typically performed with a widow, divorcee, or elderly woman; it also serves as a second marriage for a man. In this instance, he does not want his first wife, her family, or his own family to be made aware of it. The rights that a woman typically gives up include alimony, choosing her own place to live, sharing nights out with the other wife equally, etc. The Misyar marriage is valid since it complies with all requirements, including the need for witnesses, which are necessary for any marriage to be legitimate. A Hadith related by Hazrat Aisha confirms this (may Allah be pleased with her). (Sahih Ibn Habban, Hadith 4075) In this regard, there should be no reason to forbid the woman and the man from getting married. If the woman abandons some of her rights, she is free to do, just as Hazrat Sauda did when she forwent her turn in favour of Hazrat Aisha, and Hazrat Safiyya did the same when she forwent her turn one day in favour of Hazrat Aisha (may Allah be pleased with them). (Sunan Ibn Majah, Kitab al-Nikah, Hadith: 3791) That is why contemporary jurists believe that Misyar marriage is permissible. It will be deemed valid. But this is a detested act (Makrooh). Famous jurists including Dr. Wahbah al-Zuhayli, Dr. Yusuf al-Qaradawi, the prayer leader and Friday preacher at the Grand Mosque Masjid al-Haram in Makkah Sheikh Saud Al-Shuraim, etc. share this viewpoint (Zawaj al-Misyar al-Mulatq, p. 211, and website of Raabitatul Aaalamil Islami). Let's go on to the explanation for why this act is disliked. A marriage can be solemnised with just two witnesses present. However, it is preferred to proclaim the marriage as far as possible. Since there are many worshipers present in the mosque and people become accustomed to the marriage contract there, the Prophet advised that the marriage take place there. According to a Hadith, the Prophet (peace be upon him) said, "Announce the marriage and make it in the mosques.” (Sunan al-Tirmidhi, Hadith 1089) The Misyar marriage violates the recommended style of matrimony because it is not made publically known and only a small number of people are informed of it. Another reason why Misyar marriages are despised is the husband's incomplete acceptance of his duties. In a typical marriage, a husband is expected to assume his duties fully; however, this is not the condition of a Misyar marriage. Modern times have given rise to the phrase "Misyar" marriage. It has gained popularity as a result of women's propensity to reject their Sautan (husband's second wife) and men's propensity to avoid marrying widows and divorced women. Because of this, the Misyar marriage is not mentioned by ancient jurists. However, comparable marriages are mentioned by Maalikiyya jurists as "Zawaj al-Nahariyaat" and "Zawaj al-Lailiyyaat," respectively. Lail means night, and Nahar means day. When a man marries a woman and they agree that he would only visit her during the day, this is known as "Zawaj-e-Nahaari," but if they agree that he will only visit her at night, it is known as "Zawaj-e-Layli." (Al-Nawadir Wal-Ziyadaat by al-Qairwani: 4/558, also see: Hashiyyah al-Dusuqi: 2/237). It should be mentioned, nevertheless, that this marriage is long-term in nature rather than being only transient. The wife in a Misyar marriage merely gives up some rights with her consent and desire, which is contrary to a common marriage. Her renunciation, though, only applies to her own rights. If she has children, her husband will be obligated to pay for their rights. In a similar way to the first wife, this second wife will also be entitled to the same inheritance rights. The right of the heirs to the inheritance is related only after the owner's death, not earlier, because there is no way to waive one's portion before death. The justification is that waiving should only be done once the right has been demonstrated, not before. Similarly, the right of inheritance of the children will be the same for the children born from both wives. The maintenance costs that her husband pays for his children who were born to this wife are not something that the other wife has the right to refuse. The rationale is that one cannot relinquish the rights of others, even if they are one's own children. Urdu Article: Nikah-e-Misyar: Reality and Propaganda نکاح مسیار ،حقیقت اور پروپیگنڈہ URL: https://www.newageislam.com/islamic-ideology/nikah-misyar-propaganda/d/128660 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism