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Is Misyar Marriage Valid?

05 October, 2021
Q

Answer

In the Name of Allah, Most Gracious, Most Merciful. 

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.


In this fatwa:

Misyar marriage is a form of marriage that has been contentious. Some sch0olars approve it as long as it fulfills the conditions of marriage. Another group of scholar disapprove it, and still another group consider it undesirable or makruh.


Responding to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

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What is misyar marriage?

Misyar marriage is a form of marriage that has been contentious; some approving it as long as it fulfills the conditions of marriage, another group disapproving of it, and still another considering it undesirable or makruh.

When we look at the issue of misyar marriage from the perspective of the higher purposes of Shari“`ah, it is something we should disapprove. When we look at the Islamic legislation regarding sexual unions, Islam forbade all forms of sexual union except the standard and generally accepted method of marriage.

The purpose of marriage is to establish a family foundation- family being the bedrock of society. It is a union built on shared responsibilities living together and laying the foundation for a new generation.

Allah says, “Among His signs is that He created for you spouses from among yourselves in to relate to them in tranquility and instilled in your hearts love and mercy towards one another. Indeed, there are signs in these for those who reflect.” (Ar-Rum 30: 21)

Is misyar marriage valid?

Misyar marriage is contemplated by those who are already married. Then often without the knowledge of his wife and children, he marries another woman without sharing the home but simply for sexual fulfillment.

When seen from a purely ethical point of view, it amounts to degrading the sanctity of marriage.

Therefore, it is fraught with dire consequences of destroying the family and undermining peace and tranquility at home.

Almighty Allah knows best.

About Sheikh Ahmad Kutty
Sheikh Ahmad Kutty is a Senior Lecturer and an Islamic Scholar at the Islamic Institute of Toronto, Ontario, Canada