The Practice and Legitimacy of Misyār Marriage: A Critical Analysis within Islamic Law

Abstract

The family, as an institution dating back to the dawn of humanity, holds a paramount position in the lives of individuals from birth to death, providing them with initial education, guidance, and emotional support. In Islamic jurisprudence, the family is esteemed as a sacred sanctuary akin to a protective fortress. Islamic law places significant emphasis on the family, establishing meticulous and dependable provisions that safeguard the interests of all parties involved, preserving their rights, and ensuring the continuity of generations to foster the establishment and endurance of this vital institution. At the heart of the family unit lies the institution of marriage, which is the foundation upon which society's foundation is built. Families founded upon sturdy ethical principles and values are better equipped to fulfill their expected roles and contribute positively to the broader community. In contrast, families with frail foundations and unstable dynamics can become a burden not only to the family itself but also to the community, ultimately affecting the well-being of individuals within them. In light of these considerations, it becomes imperative to investigate and scrutinize the practice of "misyār marriage," a phenomenon that has gained prominence, particularly in Gulf nations. It has shown inclinations to spread to other Islamic states. This form of marriage has sparked discussions and debates regarding its compatibility with Islamic jurisprudence and its harmony with the desires of individuals under specific conditions. This study aims to unveil the similarities and divergences between misyār marriages and traditional marriages practiced in society, emphasizing examining their legitimacy within the framework of the conditional theory of Islamic family law. Despite historical gaps in understanding this practice, our study aims to evaluate misyār unions compared to established matrimonial norms, shedding light on their dynamics, implications, and societal significance. The research delves deep into contemporary Islamic contexts. It thoroughly examines references from the Qur'an, the Sunnah (traditions and practices) of the Prophet Muhammad, and the opinions of classical and modern Islamic scholars. Throughout this extensive inquiry, the study maintains a critical yet impartial stance in addressing the multifaceted challenges posed by misyār marriage. Furthermore, it seeks to provide an outlook based on conditional theory for assessing the genuineness and validity of misyar marriages in challenging situations, thereby enhancing our comprehension of the distinct dynamics and consequences associated with such unions. This research strives to advance the understanding of the merits and demerits of misyar marriages within Muslim societies. Additionally, it aims to foster constructive discourse and deliberate reflection on the intricacies of Islamic family structures and relationships. Ultimately, this research serves as a bridge, connecting Sharia principles, the perspectives of Islamic scholars, and the evolving landscape of contemporary society, thus enabling a more profound grasp of the adverse effects of misyar marriages rather than their short-term benefits.