The Views of Sunni Jurists on the Legal Ruling of Misyar Marriage

Abstract

Misyar marriage is a form of marriage that, like permanent marriage, includes the essential pillars and conditions. However, it differs in that the spouses agree—prior to the contract—on the husband's waiver of the obligation to provide financial support (nafaqah), housing, and overnight stay.

The aim of this study is to examine the jurisprudential status of Misyar marriage and to analyze the different views of Islamic jurists regarding its permissibility or impermissibility. This research employs a comparative and analytical method, and by relying on credible jurisprudential sources and scholars’ opinions, it evaluates the diverse perspectives on this matter.

The findings show that some jurists consider Misyar marriage permissible under certain conditions, while others deem it objectionable due to its negative social and educational consequences. Ultimately, the study explores the arguments of both proponents and opponents of this type of marriage and emphasizes the importance of preserving family rights and social bonds.