Misyar - Temporary Marriage

Discussion in 'Hanafi Fiqh' started by AbdalQadir, Jun 10, 2011.

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  1. AR Ahmed

    AR Ahmed New Member

    My request is to Sidi Abu Hasan to tell me if these are the same as misyar as misyar supporters (of which I am not one) quote these

    NOTE: I consider misyar haram.
     
  2. AR Ahmed

    AR Ahmed New Member

    Some will quote Alahazrat:

    اور اگر نکاح بے قید مدت کیا اور دل میں یہ ہے کہ اتنے دنوں کیلیۓ کرتا ہوں پھر چھوڑ دوں گا یا عقد نکاح میں ایک مدت کے بعد طلاق دینے کی شرط لگا‏ئی مثلࣰتجھ سے نکاح کیا اس شرط پر کہ اتنے دنوں بعد طلاق دیدوں گا یا پہلے باہم گفتگو ہو‏ئی تھی کہ اتنے دنوں کے لئے نکاح کر لیں پھر نکاح مطلق بلا قید کیا تو ان سب صورتوں میں وہ نکاح صحیح ہوا

    Also a statement quoted by Alamgiri


    وَلَوْ تَزَوُّجُهَا عَلَى يُطْلِقُ بَعْدَ الشَّهْرِ فَأَنَّهُ جَائِزٌ

    وَلَوْ تَزَوُّجُهَا مُطْلَقًا، وَفِي نِيَّتِهِ أَنْ يُقْعِدَ مَعَهَا مُدَّةَ نَوَاهَا فَالنِّكَاحُ صَحِيحٌ
     
  3. AR Ahmed

    AR Ahmed New Member

    If Abu Hasan could tell me what is the view of our scholars especially based on these claims done by Ibn Adam Deobandi:

    It is stated in al-Fatawa al-Hindiyya, a renowned Hanafi reference work:

    If a man marries a woman unconditionally [i.e. without it being limited to a specified time], and it is in his intention to remain with her for a time that he intends [and then divorce her], then the marriage is valid...” (al-Fatawa al-Hindiyya 1/283)

    Likewise, Imam Ibn al-Humam (Allah have mercy on him) states in his Fath al-Qadir:

    As for when the husband marries and it is in his intention to divorce her after a period that he intends, then the marriage is valid.” (Fath al-Qadir, 3/152)

    It is stated in al-Fatawa al-Hindiyya:

    “It is not wrong to marry a woman on a day-time basis (nahariyyat). This means that the man marries her on the condition that he will spend the day with her but not the night.” (al-Fatawa al-Hindiyya 1/283)

    It should be noted, however, that if a wife gives up her rights, she is entitled to reclaiming them. She may ask her husband to fulfil all her rights, including that he provide for her financially. The husband can also demand that she move in with him at his residence.

    Imam al-Haskafi (Allah have mercy on him) states:

    “If a wife grants her right of spending time with the husband to her co-wife, then this is valid, but she has the right to reverse her decision in the future if she so desires.” (See: Radd al-Muhtar ala ‘l-Durr al-Mukhtar, 3/206)

    ----

    Are these the same as misyar?
     
    Last edited: May 11, 2018
  4. AbdalQadir

    AbdalQadir time to move along! will check pm's.

    Misyar is NOT temporary marriage.

    I don't mean to be sounding like a defense counsel for the wahabis but calling it a "temporary" marriage is nothing but a smear campaign by the rafidi shias, just so they can say "you guys have temporary marriages too, so why do you have a problem with mut3ah?"

    It is a permanent marriage meant to be used by wealthy [wahabi] khaleejis.

    Basically, in it, the woman voluntarily forfeits her rights to the husband's time and attention, thus helping him keep his marriage to her secret from his first wife/s. He is free to visit her once a year or once in 10 years or every day, it's up to him and she has waived her right of equal time, caring, consideration etc. from her husband.

    I stand to be corrected but I think in some cases she might even forfeit her right to nafaqah, although I am not sure if this is her right she is allowed to waive or if it is an un-waive-able direct right of the Shari3ah itself. This would apply to some widows or divorcees who do not need a man to look after them financially as much as they need a husband.

    ----

    Likewise, calling the Egyptian "3orfi" marriage as temporary marriage is also a smear campaign by the shias, once again to equate it to mut3ah, thus seeking legitimacy for their mut3ah.

    As far as I know, in this marriage, all the shar3iy conditions for implementing the contract are fulfilled, at times with the full approval of both families, but the marriage is not registered legally with the state's marriage registrar PLUS it might even involve the man and the woman going out together or even maintaining sexual relations but not living together sharing a house and having babies, due to any reason. They could be students in a university who wish to finish their studies and then register the marriage with the state, throw a grand reception, and then move in together. Or they could be just waiting to save enough money to throw a reception and save to rent an apartment or buy a house, at which time they will officially register the marriage with the state and live like 'regular' married couples.

    ----

    I have always wondered what would happen if kids came into the picture, both from a state perspective, as well as a Shari3ah perspective, in both misyar and 3orfi.

    Also the situation with mahr, death and inheritance. Specially in the case of misyars, if the misyar marriage is not registered with the state, then really the misyar wife has no way to get her and her children's share of the inheritance.

    In the case of 3orfi, if the girl falls pregnant or has a child without registering the marriage, in a state like Egypt or Syria, I don't know what the doctors would say on the birth certificate. What if the man just decides to terminate the marriage and doesn't pay the mahr, how can the girl and her family get their rights...?

    ----

    I have only commented on my understanding of what goes on, not stated any fiqh perspectives, but from my limited understanding, whether they're mubah or makruh, they can't be equated to mut3ah.

    WAllahu a3lam.
     
  5. Well, even the Zaydis admit to mut'ah being prohibitted by RasuluLlah sallaLlahu 'alayhi wa alihi wa sallam himself in the year of khaybar. There is a narration in the musnad of al-Imam Zayd (radhiy Allah 'anh):

    حدثني زيدُ بن علي، عن أبيه، عن جده، عن علي عليهم السلام

    "نهى رسول الله صلى الله عليه وآله وسلم عن نكاح المتعة عام خيبر".
     
  6. a related question (on mut'a). according to the shia, Hazrat
    'Ali said: 'If (Hazrat)'Umar had not prohibited mut'a, no one would commit fornication except the wretched'?

    how accurate is this claim of theirs--did Mawla Ali say this?
    Also they claim that Hazrat Ibn Abbas was of the opinion that mut'a was pemissible and never abrogated. How do we answer this claim of theirs?
     
  7. What IS the Sunni point of view on misyar marriage? A detailed answer (or link) to an answer by a reputable Sunni aalim would be welcome.
     
  8. Noori

    Noori Senior Moderator

  9. sherkhan

    sherkhan Veteran

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