Wednesday, August 02, 2006

“Misyar” marriage (English)/ Mariage “misyar” (Francais)

(Lawful unto you in wedding) are (not merely) chaste women that are Believers, but chaste ladies one of the folks of the Book, revealed before some time, whenever ye provide them with their due dowers, and desire chastity, maybe not lewdness, nor key intrigues. (Quran V,5)

Overview of major findings :

Contrary to widely-held opinions, misyar wedding fits inside the basic regime of wedding in Muslim legislation, rather than in a unique regime. Its satisfaction of all of the needs associated with sharia is just a sine qua none condition for the legitimacy.

Muslim law confers regarding the events the ability to put up into the wedding agreement specific specific stipulations general with their reciprocal legal rights and responsibilities. As soon as the events agree, inside the framework associated with the wedding “misyar”, that the lady will provide up a few of the legal rights what the law states confers to her as a wife, this will be completely appropriate, if that is her will easily expressed.

But, in the eventuality of a noticeable change of circumstances, she can assert all of the liberties that the legislation confers to her capability as being a spouse (such as the “nafaqa” for instance), mainly because are inalienable legal rights in the framework associated with wedding.

The clause of renunciation constitutes just a vow to not ever assert specific legal rights. It offers an undeniable standing being a ethical dedication, it is of no value in the level that is legal. The spouse can therefore respect it for as long as she wants, and reclaim all her protection under the law whenever she has to do this.

This kind of clause will not influence by any means the liberties for the young ones who might be created with this union, including the recognition of paternity, the results of filiation, the economic obligation of this daddy for their kiddies, or even the legal liberties associated with the spouse and kids for their share of inheritance, etc.

The rights which she gave up at the time of establishment of the marriage contract, many theologians like Muhammad Ibn Othaymin or Nassirouddine Al-Albany, as well as many Al Azhar professors, are opposed to this type of marriage because it contradicts the spirit of the islamic law of marriage and has perverse effects on the woman, the family and the community in general despite the fact that the “misyar” marriage is perfectly legal, according to the theologians, and that the wife can reclaim at any time.

== concept of a Misyar Marriage ==

“Nikah Misyar” or “travellers’ marriage” (Arabic language|Arabic]]: <>) can be described as an appropriate framework of [[marriage]] by which a [[Islam|Muslim]] couple is united because of the bonds of wedding, in line with the typical Islamic marriage agreement, but with no spouse being forced to make the usual economic commitments pertaining to their spouse. The latter exempts him from a lot of them by a clause for the wedding agreement by which she provides up a few of her liberties (such as for example cohabitation because of the spouse, the equal unit of this evenings between most of the wives in case of [[polygamy]], the residence, the subsidy of upkeep “nafaqa”, etc. ). (1)

The spouse continues to perform a split life from compared to her spouse, residing in her house and supplying on her requirements by her very own means. But her spouse has got the straight to get to her house (or even to the residence of her moms and dads, where she actually is usually expected to live), at any hour associated with or the night, whenever he wants to day. The few may then appease in a licit way their “legitimate intimate needs” (to that the spouse cannot refuse by herself).

The marriage misyar represents, relating to some, a spontaneous adaptation regarding the mode of marriage into the tangible requirements of individuals who aren’t able any longer to marry within the conventional means in nations such as for example [[Saudi Arabia]], https://datingmentor.org/sex-sites/ [[Kuwait]] or even the [[United Arab Emirates]], as a result of the dearness regarding the rents ; the high cost-of-life as a whole; the high levels of [[dowry]] needed; along with other comparable financial and monetary reasons. (2)