It fits the requirements of a conservative culture which punishes seriously [[zina]] ([[fornication]]) as well as other intimate relationships that are founded outside of the bonds of wedding. The [[Theology|theologians]] explain that it’s suited to young adults whoever resources are way too restricted to found a property ; for the all too-numerous widows residing in the location, who’ve their very own residence and their very own savings, and who cannot desire to marry once again based on the typical formula (or usually do not need to), because they will have dependent kiddies, for instance ; when it comes to many divorcees ; and for the “old maids” whom see their youth diminishing in a involuntary celibacy, with no tasted the joys of wedding, for example explanation or any other. Hence, a million and half women can be paid down to a scenario of forced celibacy in Saudi Arabia alone. (3)
The Sheikh of [[Al-Azhar]] [[Muhammad Sayid Tantawi]] as well as the well-known [Yusuf that is theologian Al-Qaradawi] note, nevertheless, within their writings plus in their lectures, that a significant proportion for the males whom simply take a partner into the framework regarding the marriage “misyar” are generally hitched males. (4)
Some characteristics of the wedding are similar to the Nikah [[Mut’ah]] that has been practised in Arabia before Islam, and it is nevertheless practised by [[Shia]] Muslims as a genuine kind of wedding, even though it is recognized as an illicit one by [[Sunni]] Muslims. (5)
But, whereas the Nikah Mut’ah will be based upon an agreement with a hard and fast date of expiration, the Misyar wedding agreement is concluded for the indeterminate duration (although the spouse whom comes into into this union talks about it just as a short-term wedding, which results in divorce proceedings in 80 percent for the instances).
The rise in popularity of misyar wedding today outcomes, most likely, from the misunderstanding about its nature that is real about its real appropriate implications for the spouse, the spouse plus the kiddies that could be created with this wedding.
== Licitness of misyar wedding ==
The marriage “misyar” raises several complex issues : is it licit from a legal standpoint ? Doesnt it violate the wifes legitimate liberties ? What’s the value that is legal of wifes renunciation with a of her legal rights ? Exactly exactly exactly What effets performs this situation have actually in the family members as well as the level that is social ?
As opposed to widely-held opinions, misyar wedding fits in the basic regime of wedding in Muslim legislation, and never in a unique regime. Its satisfaction of the many demands regarding the sharia is really a sine qua none condition for the credibility.
Hence, when Muslim theologians say that the “misyar” wedding is completely licit, all they suggest is the fact that the agreement on which it really is based must satisfy all of the demands put down because of the charia (contract of both ongoin parties ; existence of the tutor in a few rites ; re payment because of the spouse to their spouse (or even to the “tutor”) of the dowry of a sum decided among them (that could be essential or modest, in accordance with their desires) ; existence of witnesses ; promotion for the wedding. ). (6)
The Islamic Fiqh Academy (IFA), a specialized human body of this Organization associated with the Islamic Conference (OIC), has conforted this aspect of view in a fatwa (7) of April 12, 2006. (8) and (9)
The clause through which the lady offers up several of her liberties (the cohabitation associated with few, the residence, the subsidy towards upkeep (nafaqa). ) raises, because of its component, more subdued points of legislation. Does it belong using this group of well-known clauses in Muslim legislation that are from the essence of this wedding agreement, and which vitiate the latter making it null, plus the appropriate union which will be based on it? Or, possibly, with this specific category that is second of that are struck of nullity, whereas the wedding agreement continues to be legitimate?
The Sheikh of Al-Azhar Muhammad Sayyed Tantawi reminds one, in this respect, that Muslim law confers regarding the parties the ability to arranged within the wedding agreement specific particular stipulations general for their reciprocal legal rights and responsibilities. Once the ongoing events agree, inside the framework regarding the wedding “misyar”, that the lady can give up a few of the legal rights what the law states confers to her as a spouse, this will be perfectly appropriate, if it is her will easily expressed. (10)