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Fatwas / Marriage and Breastfeeding / Misyar Marriage

Views:2119

Question

Is Misyar marriage permissible?

Answer

 All praise is due to Allah alone, and may the Salah and Salam of Allah be upon our Prophet Muhammad, his family and his companions. To answer your question, we say while seeking all the success  from Allah: Misyar marriage is a marriage that meets the conditions that the majority of scholars require in order for a marriage to be valid, which are: The consent of the guardian, the consent of the bride and the groom, the presence of two credible witnesses and that the ones to be married are identified. The reasons why this type of marriage is controversial are: First, the groom requires the wife to give up some of her rights, such as: The right to be spent on and the right to have equal treatment if the husband has other wives. Second, the marriage is not publicized and the parties involved may try to keep it in secret. Third, many of the purposes of marriage cannot be achieved and it causes some social problems. That being said, the scholars have three opinions concerning this type of marriage: The first view states that it is a valid marriage, but is disliked because it does not publicize the marriage. This is the view of the majority of scholars. The second view states that it is impermissible, which is the view advocate by a group of scholars. The third view states that it is difficult to decide its ruling because it consists elements that may make lawful or unlawful. It appears to me that the most correct view is that it is a valid marriage, but it is disliked because the marriage, in principle, is lawful and so should not be disregarded, until there is clear evidence. The reasons mentioned to justify the ruling that it is prohibited are not strong enough to make it unlawful. As for the harm resulting from this marriage, they are encountered with the benefits it brings forth.   And Allah knows best.


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