Misyar marriage A comparative study in determining the condition that invalidates and does not affect the origin of the marriage contract

Document Type : Original Article

Author

10.21608/aafu.2024.367012

Abstract

This research addresses the topic of Misyar marriage in Islam, highlighting the importance of proper marriage and the encouragement it receives from Islamic law. This research provides an analysis of the concept of Misyar marriage and compares it with other forms of marriage from the pre-Islamic era and modern times. The study shows the distinctions between Misyar marriage and regular Islamic marriage, focusing on the terms agreed upon in the Misyar marriage contract.
The research defines Misyar marriage both linguistically and terminologically, highlighting the differences between this type of marriage and other forms such as secret marriage and customary marriage. The study sheds light on the concept of concessions involved in Misyar marriage contracts, emphasizing the views of religion scholars regarding the legitimacy of this type of marriage and the evidence they rely on.
The research also explores the differences between Misyar marriage and marriages based on nighttime or daytime arrangements, examining how couples coexist under such agreements. It underscores that Misyar marriage involves the wife waiving certain rights, distinguishing it from other forms of marriage.
The researcher reviews the varied perspectives on Misyar marriage in contemporary societies, highlighting the cultural and social transformations that may have contributed to the emergence of this type of marriage. The study also addresses the debate on the compatibility of this practice with core Islamic values and principles.