Misyaar marriage: definition and rulings

Praise be to Allaah.

Firstly:

Misyaar marriage is where a man does a shar’i marriage contract with a woman, meeting the conditions of marriage, but the woman gives up some of her rights such as accommodation, maintenance or the husband’s staying overnight with her.

The reasons that have led to the emergence of this kind of marriage are many, such as:

1.

Increase in the number of single women who are unable to get married, because young men are put off marriage due to the high cost of dowries and the costs of marriage, or because there is a high divorce rate. In such circumstances, some women will agree to be a second or third wife and to give up some of their rights.

2.

Some women need to stay in their family home, either because they are the only care-givers for family members, or because the woman has a handicap and her family do not want the husband to be burdened with something he cannot bear, and he stays in touch with her without having to put too great a burden on himself, or because she has children and cannot move with them to her husband’s house, and other reasons.

3.

Some married men want to keep some women chaste because they need that, or because they need variety and halaal pleasure, without that affecting the first wife and her children.

4.

In some cases a husband may want to conceal his second marriage from his first wife, for fear of the consequences that may result and affect their relationship.

5.

The man travels often to a certain place and stays there for lengthy periods. Undoubtedly staying there with a wife is safer for him than not doing so.

These are the most prominent reasons for the emergence of this kind of marriage.

Secondly:

The scholars differed concerning the ruling on this type of marriage, and there are several opinions, ranging from the view that it is permissible, to the view that it is permitted but makrooh, or that it is not allowed. Here we should point out several things.

1.

None of the scholars have said that it is invalid or is not correct; rather they disallowed it because of the consequences that adversely affect the woman, as it is demeaning to her, and that affects the society as this marriage contract is taken advantage of by bad people, because a woman could claim that a boyfriend is a husband. It also affects the children whose upbringing will be affected by their father’s absence.

2.

Some of those who said that it was permissible have retracted that view. Among the most prominent scholars who said that it was permissible were Shaykh ‘Abd al-‘Azeez ibn Baaz and Shaykh ‘Abd al-‘Azeez Aal al-Shaykh; and among the most prominent scholars who said that it was permissible and then retracted it was Shaykh al-‘Uthaymeen; among the most prominent scholars who said that it is not allowed at all was Shaykh al-Albaani.

3.

Those who said that it is permissible did not say that a time limit should be set as in the case of mut’ah. And they did not say that it is permissible without a wali (guardian), because marriage without a wali is invalid. And they did not say that the marriage contract may be done without witnesses or without being announced, rather it is essential to do one of the two.

Thirdly:

Opinion of the scholars concerning this type of marriage:

1.

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about Misyaar marriage; this kind of marriage is where the man marries a second, third or fourth wife, and the wife is in a situation that compels her to stay with her parents or one of them in her own house, and the husband goes to her at various times depending on the circumstances of both. What is the Islamic ruling on this type of marriage?

He replied:

There is nothing wrong with that if the marriage contract fulfils all the conditions set out by sharee’ah, which is the presence of the wali and the consent of both partners, and the presence of two witnesses of good character to the drawing up of the contract, and both partners being free of any impediments, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him): “The conditions that are most deserving of being fulfilled are those by means of which intimacy becomes permissible for you” and “The Muslims are bound by their conditions.” If the partners agree that the woman will stay with her family or that her share of the husband’s time will be during the day and not during the night, or on certain days or certain nights, there is nothing wrong with that, so long as the marriage is announced and not hidden. End quote.

Fataawa ‘Ulama’ al-Balad al-Haraam (p. 450, 451) and Jareedah al-Jazeerah issue no. 8768, Monday 18 Jumaada al-Oola 1417 AH.

However, some students of the Shaykh said that he later retracted the view that it is permissible, but we could not find anything in writing to prove that.

2.

Shaykh ‘Abd al-‘Azeez Aal al-Shaykh (may Allaah preserve him) was asked:

There is a lot of talk about misyaar marriage being haraam or halaal. We would like a definitive statement about this matter from you, with a description of its conditions and obligations, if it is permissible.

He replied:

The conditions of marriage are that the two partners should be identified and give their consent, and there should be a wali (guardian) and two witnesses. If the conditions are met and the marriage is announced, and they do not agree to conceal it, either the husband, the wife or their guardians, and he offered a waleemah or wedding feast, then this marriage is valid, and you can call it whatever you want after that. End quote.

Jareedah al-Jazeerah, Friday 15 Rabee’ al-Thaani 1422 AH, issue no. 10508.

3.

Shaykh al-Albaani was asked about Misyaar marriage and he disallowed it for two reasons:

(i)

That the purpose of marriage is repose as Allaah says (interpretation of the meaning): “And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect” [al-Room 30:21]. But this is not achieved in this kind of marriage.

(ii)

It may be decreed that the husband has children with this woman, but because he is far away from her and rarely comes to her, that will be negatively reflected in his children’s upbringing and attitude.

See: Ahkaam al-Ta’addud fi Daw’ al-Kitaab wa’l-Sunnah (p. 28, 29).

4.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) used to say that it was permissible, then he stopped saying that because of the negative effects, as it was poorly applied by some wrongdoers.

Finally, what we think is:

That if Misyaar marriage fulfils the conditions of a valid marriage, namely the proposal and acceptance, the consent of the wali and witnesses or announcement of the marriage, then it is a valid marriage contract, and it is good for some categories of men and women whose circumstances call for this type of marriage. But this may be taken advantage of by some whose religious commitment is weak, hence this permissibility should not be described as general in application in a fatwa, rather the situation of each couple should be examined, and if this kind of marriage is good for them then it should be permitted, otherwise they should not be allowed to do it. That is to prevent marriage for the sake of mere pleasure whilst losing the other benefits of marriage, and to prevent the marriage of two people whose marriage we may be certain is likely to fail and in which the wife will be neglected, such as one who will be away from his wife for many months, and will leave her on her own in an apartment, watching TV and visiting chat rooms and going on the internet. How can such a weak woman spend her time? This is different from one who lives with her family or children and has enough religious commitment, obedience, chastity and modesty to help her be patient during her husband’s absence.

And Allaah knows best.

Assalamua'laykum wa rahmatullahi wa barakatuh,

OK, at first I was confused between misyar marriage and mut'aah marriage. But then I realised that misyar marriage doesnt have an "expiration date" unlike muta'ah marriage, isnt it?

I am aware that mut'ah marriage has been forbade, however some Shia still practice it.

Correct me if Im wrong.

Wassalam.

aslam o alaikum

could you explain this cuz i feel a lil suspicious about this,
and regarding this statement

The man travels often to a certain place and stays there for lengthy periods. Undoubtedly staying there with a wife is safer for him than not doing so.

isn't that the reason many shia scholars say muta'ah marriage is allowed? i have spoken with knowledgable shia and they say it was mostly practiced when men would go for war or travel and they would form these marriages

The Misyaar marriage & "]Mut'ah (temporary marriage)

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.



The Misyaar marriage that fulfils the conditions and pillars of a correct marriage is a valid marriage and so it leads to the known effects of a normal marriage, except that the wife loses some of her rights.

then Zawaj al-Misyar ( a kind of marriage) has two forms:

1) Zawaj al-Misyar means contracting a marriage between a man and woman. This contract meets all conditions of normal marriage such as presence of woman's guardian and two honest witnesses. But, as for rights of housing and financial support, a husband is not responsible for them all, since his wife will live in her own home, where he comes to her as a husband. In addition, she is requested to provide for her own needs.

2 ) The second form of Zawaj al-Misyar is a contract in which a husband is responsible only for financial support of his wife's needs provided that he will not give her an equitable share concerning overnight stay with other wives.

This form of Zawaj al-Misyar is the most common one since husband wants to keep it secret, especially from the knowledge of his wife and children in order to avoid any possible problems. As for the first form of Zawaj al-Misyar, we think that a woman's wish to protect herself from illegal relations as well as to be endowed with a child leads her to it (Zawaj al-Misyar).

Thereupon, we state that both forms are valid and lawful. In addition to dropping some rights by one of the two spouses has no influence on this kind of marriage as long as it is done with consent and there is some interest before or after making the contract. In fact, Zawaj al-Misyar grants both sides some benefits such as protecting honor and chastity as well as preventing motives of corruption, especially on the side of spinsters. By the way, this form of marriage has some shortcomings such as disagreements concerning heritage and other rights, which might arise after the husband's demise. This leads some scholars of Islam to prevent Zawaj al_Misyar. But, most scholars of Islam legalize Zawaj al-Misyar since it meets all conditions of valid and lawful marriage.


But Mut'ah (temporary marriage) is for a man to say to a woman with whom there are no marriage impediments: "I would like to enjoy you or marry you for a stipulated period", or to fix a known period in the marriage contract. The four Imaams unanimously agreed that this is prohibited. In fact, there is no difference between this temporary marriage and a person who commits Zina (adultery or fornication) with a woman with a fixed fee.

There are authentic narrations about the prohibition of this marriage.

For instance, Ali (may Allaah be pleased with him) said to Ibn 'Abbas (may Allaah be pleased with him) : ''The Prophet forbade the temporary marriage and the meat of donkeys during the battle of Khaybar.''

Imaam Al-Maaziri said: ''The temporary marriage was lawful at the early period of Islam, and then it was abrogated with authentic narrations. Moreover, the scholars agreed in a consensus that it is forbidden.

It is only a group of innovators who disagreed with this as they relied on abrogated narrations upon which they have no evidence. They supported their viewpoint with the recitation of Ibn Mas'ood "So for whatever you enjoy [of marriage] from them to a fixed time', and this recitation is weak and cannot be taken as evidence to be acted upon, since the authentic recitation does not state [to a fixed time."

Qadhi Eyadh said: "The scholars unanimously agreed that this Mut’ah was a marriage for a fixed period without resulting in the right of inheritance; the two spouses separate without divorce after the fixed period ends. Afterward the entire Muslim nation unanimously agreed that this temporary marriage is forbidden with the exception of Al-Raafidhah.

Ibn 'Abbas (may Allaah be pleased with him) considered it to be legal at the beginning but soon afterwards he withdrew his ruling.

Moreover, the scholars unanimously agreed that if this kind of marriage takes place, it is ruled that it is invalid.



Finally, we advise you to read the book entitled Minhaaj As-Sunnah An-Nabawiyyah authored by Ibn-Taymiyah and the book entitled Al-Khutoot Al 'Areedhah authored by Muhib Ad-Deen Al Khateeb .

Allaah knows best.

Aisya al-Humaira said:

OK, at first I was confused between misyar marriage and mut'aah marriage. But then I realised that misyar marriage doesnt have an "expiration date" unlike muta'ah marriage, isnt it?

I am aware that mut'ah marriage has been forbade, however some Shia still practice it.

Correct me if Im wrong.

.

Click to expand...

yeah you Rigth But we are care about Shia Ruling

Mut’ah marriage and refutation of those Raafidis who permit it

Mut’ah or temporary marriage refers to when a man marries a woman for a specific length of time in return for a particular amount of money.

The basic principle concerning marriage is that it should be ongoing and permanent. Temporary marriage – i.e., mut’ah marriage – was permitted at the beginning of Islam, then it was abrogated and became haraam until the Day of Judgement.

It was narrated from ‘Ali (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade mut’ah marriage and the meat of domestic donkeys at the time of Khaybar. According to another report, he forbade mut’ah marriage at the time of Khaybar and he forbade the meat of tame donkeys.

Narrated by al-Bukhaari, 3979; Muslim, 1407.

It was narrated from al-Rabee’ ibn Sabrah al-Juhani that his father told him that he was with the Messenger of Allaah (peace and blessings of Allaah be upon him) who said, “O people, I used to allow you to engage in mut’ah marriages, but now Allaah has forbidden that until the Day of Resurrection, so whoever has any wives in a mut’ah marriage, he should let her go and do not take anything of the (money) you have given them.”

Narrated by Muslim, 1406.

Allaah has made marriage one of His signs which calls us to think and ponder. He has created love and compassion between the spouses, and has made the wife a source of tranquility for the husband. He encouraged us to have children and decreed that a woman should wait out the ‘iddah period and may inherit. None of that exists in this haraam form of marriage.

A woman who is married in a mut’ah marriage, according to the Raafidis – i.e. the Shi’ah, who are the ones who say that this is permissible – is neither a wife nor a concubine.

But Allaah says (interpretation of the meaning):

“And those who guard their chastity (i.e. private parts, from illegal sexual acts)

Except from their wives or (the slaves) that their right hands possess, for then, they are free from blame;

But whoever seeks beyond that, then those are the transgressors”

[al-Mu’minoon 23:5-7]

The Raafidis quote invalid evidence to support their argument that mut’ah is permissible. For example:

(a) They quote the verse in which Allaah says (interpretation of the meaning):
“…so with those of whom you have enjoyed sexual relations, give them their Mahr as prescribed…”

[al-Nisa’ 4:24]

They say: this verse indicates that mut’ah is permissible, and the word ‘their mahr (ujoorahunna – lit. their dues or their wages)’ is evidence that what is meant by the phrase ‘you have enjoyed sexual relations’ is mut’ah.

The refutation of this is the fact that prior to this Allaah mentions the women whom a man is forbidden to marry, then he mentions what is permissible for him, and He commands the man to give to the woman he marries her mahr.

The joy of marriage is expressed here by the word enjoyment (‘of whom you have enjoyed sexual relations’). A similar instance occurs in the Sunnah, in the hadeeth of Abu Hurayrah according to which the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Woman is like a bent rib, if you try to straighten her you will break her. If you want to enjoy her, then enjoy her while she still has some crookedness in her.”

Narrated by al-Bukhaari, 4889; Muslim, 1468.

The mahr is referred to here as ajr (lit. dues or wages), but this does not refer to the money which is paid to the woman with whom he engages in mut’ah in the contract of mut’ah. The mahr is referred to as ajr elsewhere in the Book of Allaah, where Allaah says (interpretation of the meaning):

“O Prophet (Muhammad)! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridal‑money given by the husband to his wife at the time of marriage)…”

[al-Ahzaab 33:50]

Thus it becomes clear that there is no evidence in this verse to suggest that mut’ah is permissible.

Even if we were to say for argument’s sake that this verse indicates that mut’ah is permitted, we would still say that it is abrogated by the reports in the saheeh Sunnah which prove that mut’ah is forbidden until the Day of Resurrection.

(b) The reports that some of the Sahaabah regarded it as being permissible, especially Ibn ‘Abbaas.

The refutation here is the fact that the Raafidis are following their own whims and desires, because they regard the companions of the Prophet (may Allaah be pleased with them) as kaafirs, then you see them quoting their actions as permissible in this instance and in others.

With regard to those who said that it is permissible, they are among those who did not hear that it had been forbidden. The Sahaabah (may Allaah be pleased with them) – including ‘Ali ibn Abi Taalib and ‘Abd-Allaah ibn al-Zubayr – refuted Ibn ‘Abbaas’s view that mut’ah was permitted.

It was narrated from ‘Ali that he heard Ibn ‘Abbaas permitting mut’ah marriage, and he said, “Wait a minute, O Ibn ‘Abbaas, for the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade it on the day of Khaybar and (he also forbade) the meat of tame donkeys.”

Narrated by Muslim, 1407


Ruling on Mut’ah (temporary) marriage

From al-Lu’lu’ al-Makeen min Fataawa Fadeelat al-Shaykh ‘Abd al-Rahmaan ibn Jibreen, p. 41.


Mut’ah marriage means that a man marries a woman – either Muslim or from the people of the Book – and specifies how long the marriage will last, for example five days, or two months, or half a year, or many years. The beginning and end of the marriage are specified, and he pays her a small mahr (dowry), and after the specified time is over, the woman exits the marriage. This kind of marriage was permitted during the year of the Conquest of Makkah for three days, then it was disallowed and prohibited until the Day of Resurrection. This was reported by Muslim (1406).

The wife is the one with whom one stays on a long-term basis, as Allaah says (interpretation of the meaning):

“… and live with them honourably …” [al-Nisaa’ 4:19], but in the case of mut’ah a man does not live with the woman for long.

The wife is the one who is called a wife in sharee’ah, with whom the relationship is long-lasting. She is mentioned in the aayah (interpretation of the meaning):

“Except from their wives or (the slaves) that their right hands possess, ¾ for then, they are free from blame” [al-Mu’minoon 23:6] – the latter (a slave whom one’s right hand possesses) is not a wife according to sharee’ah, because her stay is limited to a short time.

The wife is the one who inherits from the husband, or from whom the husband inherits, because Allaah says (interpretation of the meaning):

“In that which your wives leave, your share is a half if they have no child…” [al-Nisaa’ 4:12].

But the woman in a mut’ah marriage does not inherit, because she is not a wife, since she spends such a short time with the man.

On these grounds, Mut’ah marriage is considered to be zinaa (adultery or fornication), even if both parties consent to it, and even if it lasts for a long time, and even if the man pays the woman a mahr. There is nothing that has been reported in sharee’ah that shows that it may be permitted, apart from the brief period when it was allowed during the year of the conquest of Makkah. That was because at that time there were so many people who has newly embraced Islam and there was the fear that they might become apostates, because they had been used to committing zinaa during the Jaahiliyyah. So this kind of marriage was permitted for them for three days, then it was made haraam until the Day of Resurrection, as was narrated by Muslim, 1406.







<wasalam>

shaheerpak said:

aslam o alaikum

could you explain this cuz i feel a lil suspicious about this,
and regarding this statement

The man travels often to a certain place and stays there for lengthy periods. Undoubtedly staying there with a wife is safer for him than not doing so.

isn't that the reason many shia scholars say muta'ah marriage is allowed? i have spoken with knowledgable shia and they say it was mostly practiced when men would go for war or travel and they would form these marriages

Click to expand...

No Brother

Marrying with the intention of getting divorced is haraam

Some scholars said that a marriage done with the intention of getting divorced is an invalid marriage, because it is temporary, so it is akin to mut’ah marriage


Among those who are of this opinion are the scholars of the Standing Committee for Issuing Fatwas.

Men must fear Allaah with regard to women, and they must remember that people trust them because of their outward religious commitment and adherence to the Sunnah. When one of them asks for a woman, she is given to him on the basis of his outward righteousness and religious commitment. So let him beware of taking advantage of these outward Islamic practices to toy with people’s honour by taking their daughters then giving them back when he has fulfilled their desires. Let him beware lest he becomes the cause of some of them apostatizing or becoming sick or following a path of deviation. We do not think that any of these men would agree to anyone doing that to his daughter or sister, so how can he agree to that being done to other people’s daughters?

Let him beware of exploiting people’s weakness and need by offering money and tempting her family with it. This is contrary to chivalry and good morals. We do not think that these people would be able to do the same with the daughters of prominent figures or the daughters of their paternal uncles or other relatives. If the marriage was legitimate then it did not work out and he divorced her, we would not denounce their actions, but if the marriage is for the purpose of satisfying desires, with the aim of changing her after a while, this is a kind of fooling around which is not approved of in Islam; it is a mut’ah marriage or virtually mut’ah marriage. Hence you will not find these people looking for women who are religiously committed, rather they will marry a woman for her beauty even if she is has not completed her ‘iddah, or even if she is well known for her immoral ways, then he will fulfil his desire with her in a hotel for three days and this playboy will not pay any attention to her religious commitment or honour, and she will never be his permanent wife or the mother of his children, so why worry?

There follows a fatwa issued by the scholars of the Standing Committee responding to such actions and explaining the ruling on such marriages:

The scholars of the Standing Committee were asked: It has become common among young men to travel abroad to get married with the intention of getting divorced, and this marriage is the purpose for which they travel, based on a fatwa that deals with this issue, but many people misunderstand the fatwa. What is the ruling on this?

They replied:

Getting married with the intention of divorce is a temporary marriage, and a temporary marriage is an invalid marriage, because it is mut’ah, and mut’ah is haraam by consensus. Valid marriage is where a man gets married with the intention of keeping his wife and staying with her if she proves to be a good wife and he gets along with her, otherwise he may divorce her. Allaah says (interpretation of the meaning): “either you retain her on reasonable terms or release her with kindness” [al-Baqarah 2:229].

And Allaah is the Source of strength. May Allaah send blessing and peace upon our Prophet Muhammad and his family and companions.

Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah Aal al-Shaykh, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh Saalih al-Fawzaan, Shaykh Bakr Abu Zayd.

Fataawa al-Lajnah al-Daa’imah (18/448, 449).

There are scholars who issued fatwas allowing that to people studying or working in western countries who feared that they may commit haraam actions, so such a person may get married even if he has the intention of getting divorced. But Allaah may decree that they have children and he may grow attached to them and their mother. Allaah may decree that they get along well so the marriage lasts. The fatwa is not aimed at those who travel with the purpose of getting married. The fatwa is not aimed at those who go for two nights to a poor land and take the virginity of one or more females. If a person cannot control himself during a two-day trip – some of which is for da’wah and charity work – then it is haraam for him to travel at all. Let the wise scholar look at the implications of what he says in his fatwas and what he does, and the effects that that will have on Islam, for Islam is not distorted by its enemies so much as it is distorted by the deeds and attitudes of its own followers.

The Muslim to whom Allaah grants one wife or more should praise Allaah and be grateful to Him. He must pay attention to them and his children, so that he will give them a proper Islamic upbringing and education. He should not show ingratitude for this blessing by leaving his wives and children with no guidance and education, looking for fleeting pleasures that do not lead to the establishment of a family or happiness, let alone leading to him wronging himself, his wives and his children.

There is no reason why he should not get married in the proper manner, because Islam allows him to marry four wives, but he should also remember that Islam encourages marrying religiously-committed women, because she will be his honour, the mother of his children, the protector of his household and wealth, and the one who will raise his children. It is not befitting for a Muslim to forget the aims and rulings of marriage and go looking to satisfy his desire here and there, then have the audacity to attribute his actions to Islam!

This husband should look at the effects of his actions – he is lying, not giving his wives their rights, not treating them and the one whom he marries fairly. He should also examine his motives in choosing the wife whom he intends to divorce. If he makes a good choice then he should look at the impact he will leave behind on her and her family. He should remember that he is a Muslim who represents Islam and Islamic rulings and morals, especially if the matter has to do with trust based on his appearance or his outwardly seeming to be righteous, for he will be the cause of people no longer trusting others like him, even if it does not lead to something worse than that.

We have heard of the bad effects of marrying with the intention of divorce, which makes the Muslim feel certain that even if the scholars say that it is permissible in some cases, they should disallow it or at least stop saying that it is permissible. Some of these wives have had their honour impugned after they were married to men who appeared outwardly to be righteous, but when they had satisfied their desires in a hotel in her country, they gave her the second part of the mahr or a little bit of money and sent her back to her family, divorced. In some cases, the family trusted this “outwardly righteous man” and gave their daughter – and their honour – to him without any official marriage contract, trusting that he would do the proper contract in his own country. Then he fulfilled his desire with her and sent her back to her family as a previously-married woman after taking her as a virgin. Now look at the situation of the family: how can they face their neighbours and relatives? What will they say to them? Has honour become like a car to be rented then given back at the end of the stipulated period? Do these people not fear that Allaah will punish them with regard to their daughters and sisters?

When some of these women find out that their time with this husband is up, they plead with the husband not to divorce them and to take them to his home land – as he made them believe – as his servant or as a servant for his wives and children. They say that if they go back they will be faced with mistreatment from their relatives and neighbours, which may end with their being killed. But this “outwardly righteous man” refuses these requests and pays no attention to her weeping and pleas.

One woman found that her time was up and her husband divorced her, so she called her brother to take her to her family, and all she could do was tell people that he had died in a car accident, so as to protect her honour from being impugned. And Allaah is the One Whose help we seek and in Whom we put our trust.

Others are of the view that it is a valid marriage, but it is haraam due to the deceit and betrayal involved, because if the woman and her guardian knew that the husband was only getting married with the intention of divorce after a few days or a month and so on, they would not have agreed to that.

Among those who are of this opinion is Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him). He was asked:

There is a man who wants to go abroad because he is being sponsored by the government, and he wants to maintain his chastity by marrying a woman there for a specific period, then after that he will divorce this wife, without telling her that he is going to divorce her. What is the ruling on his doing this?

He replied:

One of two scenarios must apply to this marriage that is done with the intention of divorce. Either he stipulates in the marriage contract that he is marrying her for a month or a year or until his studies end, which is a mut’ah marriage and is haraam, or he is intending that without stipulating it. The well known Hanbali view is that it is haraam and the marriage contract is invalid, because they say that that which is intended is like that which is stipulated, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions and each person will have but that which he intended.” And because if a man marries a woman who was divorced thrice by her husband for the purpose of making her permissible for him, then he divorces her, then the marriage is invalid, even if that is done without any stipulation, because that which is intended is like that which is stipulated. If the intention is tahleel (making it permissible for the woman to go back to her first husband) then the contract is invalid. Similarly the intention of mut’ah renders the marriage contract invalid. This is the view of the Hanbalis. The other scholarly view concerning this issue is that it is valid to marry the woman with the intention of divorcing her when he leaves the country, like those who go abroad to study and so on. They said: Because this is not stipulated, and the difference between this and mut’ah is that when the time stipulated comes, separation is automatic, unlike this, because he may like this wife and want her to stay with him. This is one of the two views of Shaykh al-Islam Ibn Taymiyah.

In my view, it is valid and is not mut’ah, because the definition of mut’ah does not apply to it. But it is haraam because it is deceiving the wife and her family, and the Prophet (peace and blessings of Allaah be upon him) forbade deceiving and cheating. If the wife knew that this man only wanted to marry her for this period, she would not have married him and her family would not have agreed. Just as he would not want to give his daughter in marriage to a person who intends to divorce her when he no longer has any need of her, how can he agree to treat others in a way that he would not like for himself? This is contrary to faith, because the Prophet (peace and blessings of Allaah be upon him) said: “No one of you is a believer until he likes for his brother what he likes for himself.” And because I have heard that some people use this opinion as a means to do something which no scholar would approve: they go to other countries just to get married, so they go and get married, and they stay there for as long as Allaah wills with this wife whom they intended to marry for a short time only, then come back. This is also a grave wrong and closing the door to it would have been better because of the deceit and betrayal involved in it, and because it opens the door to such things, as most people are ignorant and most people’s whims and desires encourage them to transgress the sacred limits of Allaah. End quote.

Fataawa al-Mar’ah al-Muslimah (2/757, 758).

It says in the resolutions of the Fiqh Council:

Marrying with the intention of divorce means: a marriage in which the conditions of marriage are fulfilled, but the husband intends in his heart to divorce the woman after a certain length of time, such as ten days, or an unknown length of time, such as when the husband has completed his studies or when he achieves the purpose for which he came.

Although some scholars permitted this type of marriage, the Council thinks that it is not permissible, because it includes deceit and cheating, because if the woman or her guardian knew about that, they would not have agreed to this marriage contract.

And because it leads to serious negative consequences and real harm which damages the reputation of the Muslims.

And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. End quote.

Whatever the case, marrying with the intention of getting divorced is haraam, and it may be either invalid in and of itself like mut’ah, or haraam because of the deceit and betrayal involved.

And Allaah knows best.

Wa Allaicumu sallam wa rahamtullah wa barakatuhu

Asja said:

1. Was this type of marriage practised in the time of Prophet Mohammed s.a.w.s. and was it aloowed at all, becouse in that time also the reasons for this marriage were present???

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No

Asja said:

2. Is there ayah from Quran or authentic hadith where this type of marriage is mentioned or aloowed???

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Allah says (interpretation of the meaning):

“And give to the women (whom you marry) their Mahr (obligatory bridal-money given by the husband to his wife at the time of marriage) with a good heart; but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful)”

[al-Nisa’ 4:4].

Asja said:

3. Which is the definition of marriage by Shariah law and which are the condition for that marriage???

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Marriage in Islam has essential “pillars” and conditions; if they are fulfilled then it is a valid marriage. The “pillars” are the proposal and acceptance. The proposal is where the woman’s wali (guardian) says: I give So and so (or my daughter or my sister) to you in marriage. Acceptance is when the man says: I accept marriage to So and so.

The conditions of marriage include: Naming the bride and groom, their consent, the contract being done by the wali or his deputy, and the presence of two Muslim witnesses of good character, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a wali (guardian).” Narrated by Abu Dawood (2085), al-Tirmidhi (1101), Ibn Majaah (1881), from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

It was also narrated by al-Bayhaqi from the hadeeth of ‘Imraan and ‘Aa’ishah (may Allaah be pleased with them) with the wording: “There is no marriage except with a wali and two witnesses of good character.” Classed as saheeh by al-Albaani in Saheeh al-Jaami’ no. 7557.

Some scholars are of the view that if the marriage is announced, then there is no need for two witnesses to the marriage contract.

Asja said:

4. Which are obligations of husband and wife in marriage by Shariah law???

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The rights of the husband and the wife

Asja said:

5. Of what is consisted marriage contract by Shariah law and if it is possible for us to read some norms of it???

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The basic principle with regard to the conditions stipulated by both partners in the marriage contract is that it is a valid condition that must be fulfilled, and it is not permissible to break it, because the Prophet (blessings and peace of Allah be upon him) said: “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Narrated by al-Bukhaari (2721) and Muslim (1418).

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

The basic principle with regard to conditions in the marriage contract is that they are valid, unless there is proof to show that they are not valid. The evidence for that is the general meaning of the evidence which speaks of fulfilling covenants:

“O you who believe! Fulfil (your) obligations”

[al-Maa’idah 5:1]

“And fulfil (every) covenant. Verily, the covenant will be questioned about”

[al-Isra’ 17:34]

and in the hadeeth narrated from the Messenger (blessings and peace of Allah be upon him) it says: “The Muslims are bound by their conditions, except a condition that forbids what is permissible or permits what is forbidden.” Narrated by al-Tirmidhi (1352). And he (blessings and peace of Allah be upon him) said: “Whoever stipulates a condition that is not in the Book of Allaah it is not valid, even if he stipulates a hundred times.” Narrated by al-Bukhaari (2155) and Muslim (1504).

To sum up, the basic principle with regard to conditions is that they are permissible and valid, whether they are to do with marriage, buying and selling, renting, pledges or mortgages, or awqaaf. The ruling on the conditions that are stipulated in contracts, if they are valid, is that they must be fulfilled, because of the general meaning of the verse (interpretation of the meaning):

“O you who believe! Fulfil (your) obligations”

[al-Maa’idah 5:1].

End quote.

Al-Sharh al-Mumti’, 5/241 (Egyptian edition).


Umar ibn al-Khattaab (may Allah be pleased with him) said to the one who he ruled was obliged to fulfil what his wife had stipulated, when the man said, “Divorce us in that case,” ‘Umar said: It is a must to fulfil the conditions, because of the hadeeth, “The believers are bound by their conditions.” Al-‘Allaamah Ibn al-Qayyim said: It is obligatory to fulfil these conditions which are the most deserving of being fulfilled. This is what is implied by sharee’ah, reason and sound analogy, if the woman did not agree to become a man's wife except on these conditions, and if it were not obligatory to fulfil them, then the marriage contract would not be based on mutual agreement, and it would be making something obligatory upon her that Allah and His Messenger have not made obligatory. End quote.

Al-Mulakhkhas al-Fiqhi (2/345, 346)

Asja said:

6. In which country is applyed this "Misyaar marriage" and if it possible that we see the part of Familly or Matrimonial law by which this marriage is regulate???

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<wasalam>