Question:
Assalam u alayekum !
What is nikah e misyar and is it halal? If, yes then under what conditions?
Answer:
`Alaykum as-salam,
Misyaar is an Arabic word that means “often on the move” as in mizwaaj = “oft-marrying,” mitlaaq = “oft-divorcing” etc.
In contemporary Islamic society “misyaar” describes a marriage in which the couple do not live together as husband and wife full-time but only part-time. Instead, each live at their own homes/countries and meet up occasionally. It is a mutually-agreeable option which is not as complete as a full-time marriage but is still blessed (halal) in comparison to an illicit relationship. There are many such marriages in the Arab world nowadays in which the women are reportedly mostly divorced or widowed or over 30, and the men already married.
The wife willingly gives up – in part or in full – one or more of her rights to equal time, finance, and housing, whereby she settles for whatever time and financial support the couple decides, while both husband and wife lead their own lives; so the woman might be living on her own or with her relatives for example, and she might be earning her own livelihood or be supported by her husband or both, while the husband visits from time to time.
Such a marriage is like any valid and legal nikaah contract with all its obligatory components: two witnesses, the bride’s male guardian, and the bride’s agreement to the terms of the marriage. It is the latter terms that give it its name in contemporary society but in terms of legal validity it does not differ from any other Islamic marriage. And Allah
knows best.
Hajj Gibril Haddad
