Wednesday, August 02, 2006
"Misyar" marriage (English)/ Mariage "misyar" (Francais)
(Lawful unto you in wedding) are (not just) chaste ladies who are Believers, but chaste females among the list of individuals of the Book, revealed before your time and effort, whenever ye provide them with their due dowers, and desire chastity, perhaps not lewdness, nor key intrigues. (Quran V,5)
Overview of major findings :
As opposed to widely-held thinking, misyar wedding fits inside the basic regime of wedding in Muslim legislation, rather than in a regime that is special. Its satisfaction of the many needs associated with sharia is a sine qua none condition for the credibility.
Muslim law confers regarding the events the best to create within the marriage agreement particular particular stipulations general for their reciprocal legal rights and responsibilities. If the events agree, in the framework associated with wedding "misyar", that the girl will provide up a few of the liberties what the law states confers to her as a spouse, this can be completely appropriate, if it is her will easily expressed.
But, in the eventuality of a noticeable modification of circumstances, she can assert most of the liberties that the legislation confers to her capability as being a spouse (such as the "nafaqa" for instance), mainly because are inalienable legal rights inside the framework for the marriage.
The clause of renunciation comprises merely a vow not to ever assert particular liberties. This has an undeniable standing as being an ethical dedication, it is of no value regarding the appropriate degree. The spouse can hence respect it for as long she needs to do so as she wishes, and reclaim all her legal rights when.
This kind of clause will not influence in any way the liberties for the kiddies whom might be created using this union, for instance the recognition of paternity, the consequences of filiation, the responsibility that is financial of dad for their kiddies, or perhaps the legal legal rights associated with spouse and kids 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 wife will continue to carry out a split life from compared to her spouse, surviving in her home and supplying on her requirements by her very own means. But her spouse has got the straight to get to her house (or even to the residence of her moms and dads, where she actually is usually expected to live), at any hour regarding the time or perhaps the night, whenever he really wants to. The few are able to appease in a way that is licit "legitimate intimate needs" (to that your wife cannot refuse by by herself).
The wedding misyar represents, relating with a, a spontaneous adaptation regarding the mode of wedding towards the tangible requirements of people who aren't able any longer to marry within the old-fashioned method in 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 generally speaking; the high quantities of [[dowry]] needed; along with other comparable financial and monetary reasons. (2)