Misyār Marriage and Its Rules According to Contemporary Jurists

The term "Misyār marriage" refers to a type of marriage characterized by the husband often visiting the wife periodically, similar to visiting neighbors. The word "Misyār" is derived from "sīr," which means movement and passage. It is a colloquial term used to denote the situation in which a man marries in a city he passes through while traveling for trade or seeking knowledge, where the wife resides during his study or business. Misyār marriage fulfills all the pillars and conditions of a legitimate marriage, but with a significant difference: the wife waives some of her rights, such as the right to financial support, housing, and overnight accommodation, under the marriage contract. This type of marriage has become common today due to the illegitimacy of temporary marriage in Sunni communities. Misyār marriage is considered a form of marriage that emerged in the modern era and has spread in some Islamic countries among Sunnis, which is why it has been subject to criticism and study by scholars and jurists. There is a divergence of opinion among contemporary Sunni scholars regarding the ruling on Misyār marriage; some consider it permissible, while others regard it as forbidden, and some reject its ruling and call for its cessation. Some scholars view Misyār marriage as valid and legitimate, but there is variation in opinions regarding its conditions. Some believe that all the conditions of this marriage are valid, while others argue that the essence of Misyār marriage is correct, but they added conditions-such as the waiver of the rights to financial support and overnight accommodation-are invalid, and the wife should demand these rights. Furthermore, some scholars call for the husband to fulfill his responsibilities towards the wife and to manage marital affairs with the utmost seriousness to resolve life problems. Proponents of this view often express reservations about Misyār marriage, suggesting that its permissibility comes with a degree of disapproval. On the other hand, the majority of earlier scholars and many later scholars have ruled it as forbidden, reflecting a clear variation in jurisprudential Ijtihad regarding this issue.