Assalamu alaikum, Jazak Allah Khair for your service and serving the Muslim community that are in need of guidance.
I have a question regarding a sensitive issue of Misyar marriage.
I understand from purely definition point of view Misyar marriage falls with in the valid and legal marriage, as it meets all the criteria/conditions of the legal marriage. People can have a permanent intention to remain married when entering in Misyar marriage while divorce is also permitted in future. When issuing a fatwa does the issuer (faqih) generally considers how the fatwa will be used and what will be the consequences. In future (or at present) at some point if statistics proves that most( example 90%) of the Misyar marriage ends up in divorce within a short duration (example 3-4 months), and results show the existence of abandoned child by the Misyar father/mother, is this a factor that the faqih consider when re-visiting the fatwa.
According to the definition of valid marriage – my understanding is, in the framework of Misyar marriage one does not need to inform his current wife(s), if there is a present wife(s).Also, if meeting the conditions of marriage is sufficient for a marriage to be valid, then the Misyar is not specific to any specific country or region or does not need to be for any specific circumstances. As it is evident by looking at the conditions, they are not mentioning any specific circumstances.
My understanding is the concept of Misyar is based on the purity of intention (need intention for permanent marriage when entering into the marriage), while either the bride (or the groom) can have pure intention but the groom`s( or the bride visa versa) intention could be ” impure”.
Isn`t this fatwa will (lets say its not existing already) open the door for commercial packages and a boyfriend/girlfriend culture similar to the western and many other countries ?
Are these some factors that faqih considers the end effect when issuing a rulings?
I am in need to guidance regarding this issue.
Jazakallah Khair for shedding light on this topic.
All praise be to Allah, and may His peace and blessings be on the greatest messenger, Muhammad.
The fact that something is permissible does not mean all people have to do it, but it may be recommended in certain cases and not others. The Messenger of Allah (peace and blessings be upon him) advised one of his companions (Jabir) to marry a virgin, not a previously married woman, though the consensus is that it is allowable to marry a woman who was previously married. The Messenger of Allah himself married Khadijah who was previously married and fifteen years his senior. Besides, Jabir was able to justify his decision to the Prophet (peace and blessings be upon him). Also, we recommend compatibility between the candidates for marriage, and would advise against the marriage of two who have a huge educational gap. Nevertheless, we cannot forbid it, as long as it meets the conditions and pillars of marriage.
The Misyaar marriage does meet such pillars and conditions. It may be recommended in the case of a divorced or widowed woman with four kids and a slim chance of getting married. She may give up some of her rights in the division of days between her and the co-wives to be able to get married. In this way, she would not be deprived of her emotional, physiological and other needs and would have a companion in her life. Sawdah, the wife of the Prophet (peace and blessings be upon him), did just that when she got older. If a younger woman with better chances of getting married accepted such conditions, we cannot condemn her choice, but we can certainly advise her against it.
The flexibility of the shareeah is part of its beauty and ability to address with balance the different circumstances, needs, personalities and customs.
Allah knows best.