The Viewpoint of Sunni Jurists on the Legal Ruling of Nikah Misyar

Abstract

Nikah Misyar is a type of marriage contract that possesses the essential pillars and conditions of a regular marriage, with the distinction that the spouses agree prior to the contract that the husband relinquishes his obligation to provide financial maintenance (nafaqah), housing, and overnight accommodation. The aim of this research is to examine the jurisprudential status of Nikah Misyar and to analyze the diverse perspectives of jurists regarding its permissibility or impermissibility. This study employs a comparative and analytical research method, drawing upon credible jurisprudential sources and scholarly opinions to evaluate the differing views. The findings indicate that some jurists permit Nikah Misyar under specific conditions, whereas others disapprove of it due to its negative social and moral implications. Ultimately, it can be concluded that although this type of marriage fulfills the outward pillars and conditions of a valid marriage, it does not fully align with the higher objectives of Islamic law (Maqasid al-Shari‘ah), such as tranquility, affection, mercy, and safeguarding the full rights of women and children. While a group of scholars consider it permissible based on the principles of contract validity and the obligation to fulfill stipulated conditions, the arguments of those who deem it impermissible — citing conflict with the objectives of marriage, promotion of immorality, infringement of women’s and children’s rights, and secrecy — appear stronger and more reasonable.