Brother can you please tell me the legal status of "Misyar marriage"
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Assalamalaikum,
Dear brother can you please tell me the legal status of "Misyar
marriage" according to Quran and Sunnah? Did Prophet Muhammad
(salalah-o-alaihe-wasallam) had any such marriage?
Jazaak Allah Khair
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Answer:
Misyaar Marriage
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none can misguide, and whoever
He allows to fall astray, none can guide them aright. We bear witness that
there is no one (no idol, no person, no
grave, no prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Your
Question: can you please tell me the legal status of "Misyar
marriage" according to Quran and Sunnah?
There is absolutely no mention of ‘misyaar’ marriage in
either the Quran, the authentic and established Sunnah, or even in any book of
Islamic Fiqh or Jurisprudence.
‘Misyaar’ is a term culturally used amongst the Arabs for
a marriage whereby a woman who wishes to become the 2nd, or 3rd,
or 4th wife of the man, but as the man fears that he may not be able
to afford her financially or accord her equal time; the woman of her own free
will relinquishes her right that her husband spend on her or spend equal time
with her like he does to his other wife/wives. For some reason, a marriage
where the woman of her own free will relinquishes her right that her husband
spend on her or spend equal time with her is culturally recognized as a
‘misyaar’ marriage.
Even in a normal marriage, a woman is well within her
rights if she, of her own free will and without any coercion wishes to
relinquish her rights; but for some reason such a marriage where a woman
relinquishes her legal and lawful rights is culturally known as a ‘misyaar’
marriage; although we reiterate again that ‘misyaar’ is neither an Islamic term
or is there any mention of such a term in any of the books of Fiqh or Islamic
Law.
Some ignorant people assume ‘misyaar’ marriage is a
license to perform a ‘secret’ marriage, but that is an absolutely false notion
and a grave sin in the Sight of Allah Subhanah.
Your
Question: Did Prophet Muhammad (salalah-o-alaihe-wasallam) had any such
marriage?
The Messenger of
Allah (saws) did not perform a ‘misyaar’ marriage.
Whatever written of Truth and benefit is only due to
Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only
Source of Strength.
Your brother and
well wisher in Islam,
Burhan
Wister