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Nikah Misyar ?

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  • noobz
    replied
    Re: Nikah Misyar ?

    ^that wouldnt count as nikah misyar or would it?

    Leave a comment:


  • AhlulQuran88
    replied
    Re: Nikah Misyar ?

    We have had a lot women come to masjid over the years requesting these kind of marriages to be conducted by our imam but alhamdulilah our teacher does not conduct these kind of marriages out of a strong discomft he feels.

    A lot of the woman have kids and good careers but seemingly don't want or need a man to support them. Hence our shaykh may allah preseve him has called the men they marry weekend husbands lol

    Leave a comment:


  • arfatzafar
    replied
    Re: Nikah Misyar ?

    (O.k. I've deleted this part)

    Indeed, theoretically misyaar and muta are different but practically- both are similar if only se* is intended for a certain period (whether or not- predefined)

    I didn't find dalil behind this type of nikah. Plz enlighten me
    Last edited by arfatzafar; 28-03-14, 07:45 PM.

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  • ZeeshanParvez
    replied
    Re: Nikah Misyar ?

    I do not support this type of marriage.

    But I feel it necessary to clear up some mis information people spread when they try to compare it to the Shia practice of Muta. Disagreeing with a practice is one thing, but not presenting the facts and making people believe it to be equivalent to something it is not to impose one's view is not ethical Islamic ally.

    Unfortunately, some people are so attached to their views that they go to any length to prove the other position wrong with any means available - fair or foul.


    First, unlike Muta', Misyaar is not a marriage contracted simply for sexual pleasure. Muta' is a timed marriage whereas Misyaar is not. In Muta' there is an agreement among the husband and wife that they will separate after a specified period of time. This is not the case in Misyaar.

    Second, in Muta' the wife does not have any of the affects of marriage applied to her such as necessity of expenditure, divorce, housing, completing the 'Idah - period after divorce, and right to inheritance. This is not the case in Misyaar. The only rights she gives up are expenditure and housing. If she divorces she has to complete the 'Idah. Unlike Muta' since Misyaar is not a timed marraige, divorce has to take place and the marriage does not just end. Finally, if her husband dies she is entitled to inheritance unlike in Muta'.

    Third, there is no divorce in Muta'. The separation takes place upon an agreed upon time. This is not the case in Misyaar. Divorce does not take place on a stipulated time. The spouse actually get married in an attempt to remain married.

    Fourth, in Muta' Wali and Witnesses are not from the conditions of marriage whereas in Misyaar there presence is a must.

    As can be clearly seen that Muta' and Misyaar are two totally different forms of marriage. Muta' is solely for the purpose of sex whereas Misyaar is not. It is a marriage which does not have a stipulated time period for end.

    I hope people understand this. You can disagree with Misyaar, as I do, but please present the facts as they are.

    :salams

    Source:

    Difference between Misyaar and Muta'
    Last edited by ZeeshanParvez; 28-03-14, 06:05 PM.

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  • arfatzafar
    replied
    Re: Nikah Misyar ?

    In most of the cases, It is a temporary relationship between men and women for sexual pleasure. In this relationship the woman relinquishes all her rights that are available to her in an Islamic marriage. It is claimed that several Salafi scholars, including Saudi Grand Mufti Shaikh Abdulaziz al-Shaikh HA endorsed Misyar relationship between men and women in their fatawa.

    In Misyaar, man and woman need not live together under the same roof. They can meet whenever the man demands and spend a few hours together in privacy for sex and go to their homes quietly.

    Generally, It is a tourism marriage practiced by rich people of Gulf countries who go on vacation to other countries where they take advantage of poor Muslim families by fake marriages with young, rather very young girls between the ages of 9 to 16 years in collusion with local middlemen and agents who are paid for these services.

    There are two types of fake marriages:

    (I) The woman is made aware that the fake marriage is being perpetrated for a short time to have sex with her. In this case, she bargains and gets paid an agreed amount in advance.
    (II) The woman and her parents are not made aware of the intentions of rich-visitors. Poor parents and the young girl consider that it is a regular Islamic marriage and that after marriage she will go with her husband. These fake marriages are carried out with the knowledge and collusion of middlemen and agents. In these deceptive marriages, people from rich Gulf countries spend 15 days to one month with these poor hapless young girls in hotels. At the end of their vacation, they disappear in thin air leaving behind the devastated young girl and her parents. There are thousands of young Muslim girls who have become victim to this practice. These girls later get involved in prostitution in their countries.

    Fatwa of Shaikh Ibn Adam HA:

    With due respect to him and all other knowledgeable people, I want to put my words as hereunder.

    1: Theoretically if all the conditions of nikah are taken care of, then nikah is valid but here, as aforesaid, these conditions arent applied.

    2: Example of Hazrat Sawda rz.a's request doesn't apply in this case because the said proposal came after a certain period from her; and not at the time of nikah which is the condition of misyar to be valid along with other conditions.

    3: I would like to know if any nikah-misyar was held during Khairlquroon.

    Allah swt knows best
    Last edited by arfatzafar; 28-03-14, 06:45 PM.

    Leave a comment:


  • arfatzafar
    replied
    Re: Nikah Misyar ?

    In most of the cases, It is a temporary relationship between men and women for sexual pleasure. In this relationship the woman relinquishes all her rights that are available to her in an Islamic marriage. It is claimed that several Salafi scholars, including Saudi Grand Mufti Shaikh Abdulaziz al-Shaikh endorsed Misyar relationship between men and women in their fatwas.

    The terms and conditions of Misyar and Shia practice of Mutah (sexual pleasure) are same except that in Misyar, it is claimed that the partners do not fix a time to end their sexual relationship and are free to leave each other anytime they wish. In Mutah, they fix a specific time, like one week, one month etc., and at the end of that period both man and woman are considered as legally separated. In Mutah and Misyaar, man and woman need not live together under the same roof. They can meet whenever the man demands and spend a few hours together in privacy for sex and go to their homes quietly.

    Misyar is close to a " Koensdeler relationship ". Koensdeler is a Danish name given to a girl/woman who is neither your wife, nor girl friend. There is no social binding or loyalty in the relationship. She is just a sexual mate and not a prostitute who entertains with sex with anybody for money. Whenever you want, call each other, meet, have sex, and both of you are on your way. If you are fed up with the lady (Koensdeler), just call her and tell her that you don't want to continue having sex with her. That is the end of your relationship.

    Generally, It is a tourism marriage practiced by rich people of Gulf countries who go on vacation to countries like Yemen, India, Pakistan, Bangladesh and other countries. In these countries they take advantage of poor Muslim families by fake marriages with young, rather very young girls between the ages of 9 to 16 years in collusion with local middlemen and agents who are paid for these services.

    There are two types of fake marriages:

    (I) The woman is made aware that the fake marriage is being perpetrated for a short time to have sex with her. In this case, she bargains and gets paid an agreed amount in advance.
    (II) The woman and her parents are not made aware of the intentions of rich-visitors. Poor parents and the young girl consider that it is a regular Islamic marriage and that after marriage she will go with her husband. These fake marriages are carried out with the knowledge and collusion of middlemen and agents. In these deceptive marriages, people from rich Gulf countries spend 15 days to one month with these poor hapless young girls in hotels. At the end of their vacation, they disappear in thin air leaving behind the devastated young girl and her parents. There are thousands of young Muslim girls who have become victim to this practice. These girls later get involved in prostitution in their countries.

    Fatwa of Shaikh Ibn Adam HA:

    With due respect to him and all other knowledgeable people, I want to put my words as hereunder.

    1: Theoretically if all the conditions of nikah are taken care of, then nikah is valid but here, as aforesaid, these conditions arent applied.

    2: Example of Hazrat Sawda rz.a's request doesn't apply in this case because the said proposal came after a certain period from her; and not at the time of nikah which is the condition of misyar to be valid along with other conditions.

    3: I would like to know if any nikah-misyar was held during Khairlquroon.

    Allah swt knows best.

    Leave a comment:


  • noobz
    replied
    Re: Nikah Misyar ?

    can students get married under nikah misyar and well they forgo alot of their responsibilities in the contract UNTIL the husband finishes his education and gets a job?

    Leave a comment:


  • noobz
    replied
    Re: Nikah Misyar ?

    and if she gets prego ... then what ? ...

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  • IbnulQayyim
    replied
    Re: Nikah Misyar ?

    Originally posted by dawud_uk View Post
    though they didnt use the term nikkah misyar, i have known brothers who married their wives whilst at uni, college and in one case 2ndary school (both were 14) and so had conditions identical to this to make the marriage work whilst they went through education.

    it is something which can work for some people, but no one, not even the scholars saying it is permissable is saying it should become the norm.
    If only people learned to live with Ikhtilaaf as the Salaf did

    Leave a comment:


  • dawud_uk
    replied
    Re: Nikah Misyar ?

    Originally posted by IbnulQayyim View Post
    This Nikah is sometimes very good for certain teenagers
    though they didnt use the term nikkah misyar, i have known brothers who married their wives whilst at uni, college and in one case 2ndary school (both were 14) and so had conditions identical to this to make the marriage work whilst they went through education.

    it is something which can work for some people, but no one, not even the scholars saying it is permissable is saying it should become the norm.

    Leave a comment:


  • IbnulQayyim
    replied
    Re: Nikah Misyar ?

    Originally posted by noobz View Post
    as i have found out , the woman agrees to the points herself , so what is our issue in their personal matters?
    This Nikah is sometimes very good for certain teenagers

    Leave a comment:


  • noobz
    replied
    Re: Nikah Misyar ?

    Originally posted by al faqeer View Post
    So is it not such an excellent Bidah :) ?
    as i have found out , the woman agrees to the points herself , so what is our issue in their personal matters?

    Leave a comment:


  • al faqeer
    replied
    Re: Nikah Misyar ?

    So is it not such an excellent Bidah :) ?

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  • dawud_uk
    replied
    Re: Nikah Misyar ?

    Originally posted by IbnulQayyim View Post
    Ameen

    After all he is Muftee Muhammad Ibn Aadam
    I try to follow the salafi manhaj, not the hizbul salafiyyah, there are a lot of good sheikhs and scholars, especially the deobandi ones i respect and would certainly seek help and fataawah from, especially as i follow hanafi fiqh.

    Leave a comment:


  • IbnulQayyim
    replied
    Re: Nikah Misyar ?

    Originally posted by dawud_uk View Post
    that is one of the most well balanced views on this topic i have read, may Allah swt reward the sheikh, ameen.
    Ameen

    After all he is Muftee Muhammad Ibn Aadam

    Leave a comment:

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