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The question

What is the ruling on the Misyar marriage?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Allah has legislated marriage for several goals, including procreation, chastity, cooperation between spouses, establishing love and tranquility, and raising children.

"Misyar marriage" is a marriage that fulfills all conditions and pillars, in which the wife waives some of her rights, such as financial support (nafaqah) and overnight stays. This type of marriage emerged due to the high number of spinsters, divorcees, and widows, the rejection of polygyny by some wives, men's desire for chastity in a way compatible with their circumstances, and some individuals' evasion of marital responsibilities.

Although this form is not ideal, it is valid if its conditions and pillars are met, such as mutual consent, the presence of a guardian (wali), and witnesses. Sheikh Abdul-Aziz ibn Baz issued a fatwa to this effect, and it was affirmed by the Islamic Fiqh Academy, based on a woman's right to waive her rights, just as Sawdah (may Allah be pleased with her) gifted her day to Aisha (may Allah be pleased with both of them).

This marriage achieves some benefits for both men and women, provides the wife with some reassurance and freedom, and protects her from falling into forbidden acts.

Nevertheless, it may result in harms such as becoming a market for pleasure, disrupting the concept of family, the woman feeling a lack of male guardianship (qawamah), and inadequate upbringing of children. Therefore, this form remains acceptable in certain cases for individuals with special circumstances.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
6780
Imported
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