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Zawaj Misyar
Misyar (المسيار) is a Muslim Nikah (marriage) carried out via the normal contractual procedure, with the specificity that the husband and wife give up several rights by their own free will, such as living together, equal division of nights between wives in cases of polygamy, the wife's rights to housing, and maintenance money ("nafaqa"), and the husband's right of homekeeping, and access etc.
wealthy Arab men sometimes enter into a Misyar marriage while on vacation, in order to have sexual relations with another woman without committing the sin of zina. They usually divorce the women once their holiday is over. However, that if this is understood by both parties at the time of conclusion of the marriage contract (and this is usually the case), this would constitute a fixed time period, effectively making such a marriage invalid in Sunni law, and more akin to the Nikah Mut'ah.
Many of the men involved would not marry a second wife within the regime of normal Islamic polygamy, because of the heavy financial burdens, moral obligations & responsibilities it places on the husband. But, they opt for the option of misyar marriage when the theologians declare it licit. Essentially the couple continue to live separately from each other, as before their contract, and see each other to fulfil their needs in a permissible (halaal) manner when they please.
Misyar marriage fits within the general rules of marriage in Sunni law, on condition merely that it fulfil 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.
there is much similarity between Mut'ah and Misyar. Both require all the conditions applicable to Nikah with an exception of fixed date of expiry in Mut'ah. Today, in a large number of Muslim countries, there are official family and marriage law codes whose provisions wouldn't allow the conclusion of a marriage of the misyar type. However, in a number of Gulf States essentially, misyar marriage is accepted by the community and is usually arranged privately through a notary with no publicity.To know more about Zawaj Misyar watch the video below
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