Wednesday, August 02, 2006
“Misyar” wedding (English)/ Mariage “misyar” (Francais)
“(Lawful unto you in wedding) are (not merely) chaste ladies who are Believers, but chaste ladies among the folks of the Book, unveiled before some time, whenever ye provide them with their due dowers, and desire chastity, perhaps 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 regime that is special. Its satisfaction of all demands associated with sharia is just a sine qua none condition for the legitimacy.
Muslim law confers regarding the parties the best to arranged when you look at the wedding agreement specific stipulations that are particular with their reciprocal legal rights and responsibilities. Once the ongoing events agree, inside the framework regarding the wedding “misyar”, that the girl can give up a number of the liberties what the law states confers to her as being a spouse, this will be completely appropriate, if it is her will easily expressed.
But, in case of a noticeable modification of circumstances, she can assert most of the liberties that the legislation confers to her ability as a wife (such as the “nafaqa” as an example), because these are inalienable legal rights inside the framework associated with wedding.
The clause of renunciation comprises just a vow never to assert specific liberties. It offers an undeniable standing as being an ethical commitment, it is of no value from the level that is legal. The spouse can hence respect it so long as she wants, and reclaim all her protection under the law whenever she has to do this.
This type of clause will not impact at all the liberties for the kiddies whom could possibly be created using this union, including the recognition of paternity, the consequences of filiation, the responsibility that is financial of daddy for their young ones, or even the legal liberties of this wife and kiddies with 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]]: <
The spouse will continue to carry out a split life from compared to her spouse, surviving in her house and supplying on her requirements by her very own means. But her husband gets the directly to get to her house (or even the residence of her moms and dads, where she actually is usually likely to live), at any hour of this or the night, whenever he wants to day. The few may then appease in a way that is licit “legitimate intimate needs” (to that your spouse cannot refuse by herself).
The wedding misyar represents, relating for some, a spontaneous adaptation regarding the mode of wedding to your tangible requirements of people that aren’t able any longer to marry within the way that is traditional nations such as for instance [[Saudi Arabia]], [[Kuwait]] or the [[United Arab Emirates]], as a result of the dearness associated with rents ; the high cost-of-life as a whole; the high levels of [[dowry]] required; as well as other comparable financial and economic reasons. (2)