Misyaar Marriage - Definition And Rulings: Stipulating The
Presence Of A Guardian (Wali) In Misyaar
Islamic Rulings -
Living Shariah Verdicts
Islamic Questions & Answers
Misyaar marriage was mentioned on your website.
What is this marriage? Is it halaal or haraam?.
Praise be to Allaah.
Misyaar marriage is where a man does a shar'i marriage
contract with a woman, meeting the conditions of
marriage, but the woman gives up some of her rights
such as accommodation, maintenance or the husband's
staying overnight with her.
The reasons that have led to the emergence of this
kind of marriage are many, such as:
Increase in the number of single women who are unable
to get married, because young men are put off marriage
due to the high cost of dowries and the costs of
marriage, or because there is a high divorce rate. In
such circumstances, some women will agree to be a
second or third wife and to give up some of their
Some women need to stay in their family home, either
because they are the only care-givers for family
members, or because the woman has a handicap and her
family do not want the husband to be burdened with
something he cannot bear, and he stays in touch with
her without having to put too great a burden on
himself, or because she has children and cannot move
with them to her husband's house, and other reasons.
Some married men want to keep some women chaste
because they need that, or because they need variety
and halaal pleasure, without that affecting the first
wife and her children.
In some cases a husband may want to conceal his second
marriage from his first wife, for fear of the
consequences that may result and affect their
The man travels often to a certain place and stays
there for lengthy periods. Undoubtedly staying there
with a wife is safer for him than not doing so.
These are the most prominent reasons for the emergence
of this kind of marriage.
The scholars differed concerning the ruling on this
type of marriage, and there are several opinions,
ranging from the view that it is permissible, to the
view that it is permitted but makrooh, or that it is
not allowed. Here we should point out several things.
None of the scholars have said that it is invalid or
is not correct; rather they disallowed it because of
the consequences that adversely affect the woman, as
it is demeaning to her, and that affects the society
as this marriage contract is taken advantage of by bad
people, because a woman could claim that a boyfriend
is a husband. It also affects the children whose
upbringing will be affected by their father's absence.
Some of those who said that it was permissible have
retracted that view. Among the most prominent scholars
who said that it was permissible were Shaykh ‘Abd al-‘Azeez
ibn Baaz and Shaykh ‘Abd al-‘Azeez Aal al-Shaykh; and
among the most prominent scholars who said that it was
permissible and then retracted it was Shaykh al-‘Uthaymeen;
among the most prominent scholars who said that it is
not allowed at all was Shaykh al-Albaani.
Those who said that it is permissible did not say that
a time limit should be set as in the case of mut'ah.
And they did not say that it is permissible without a
wali (guardian), because marriage without a wali is
invalid. And they did not say that the marriage
contract may be done without witnesses or without
being announced, rather it is essential to do one of
Opinion of the scholars concerning this type of
Shaykh Ibn Baaz (may Allaah have mercy on him) was
asked about Misyaar marriage; this kind of marriage is
where the man marries a second, third or fourth wife,
and the wife is in a situation that compels her to
stay with her parents or one of them in her own house,
and the husband goes to her at various times depending
on the circumstances of both. What is the Islamic
ruling on this type of marriage?
There is nothing wrong with that if the marriage
contract fulfils all the conditions set out by
sharee'ah, which is the presence of the wali and the
consent of both partners, and the presence of two
witnesses of good character to the drawing up of the
contract, and both partners being free of any
impediments, because of the general meaning of the
words of the Prophet (peace and blessings of Allaah be
upon him): "The conditions that are most deserving of
being fulfilled are those by means of which intimacy
becomes permissible for you" and "The Muslims are
bound by their conditions." If the partners agree that
the woman will stay with her family or that her share
of the husband's time will be during the day and not
during the night, or on certain days or certain
nights, there is nothing wrong with that, so long as
the marriage is announced and not hidden. End quote.
Fataawa ‘Ulama' al-Balad al-Haraam (p. 450, 451) and
Jareedah al-Jazeerah issue no. 8768, Monday 18 Jumaada
al-Oola 1417 AH.
However, some students of the Shaykh said that he
later retracted the view that it is permissible, but
we could not find anything in writing to prove that.
Shaykh ‘Abd al-‘Azeez Aal al-Shaykh (may Allaah
preserve him) was asked:
There is a lot of talk about misyaar marriage being
haraam or halaal. We would like a definitive statement
about this matter from you, with a description of its
conditions and obligations, if it is permissible.
The conditions of marriage are that the two partners
should be identified and give their consent, and there
should be a wali (guardian) and two witnesses. If the
conditions are met and the marriage is announced, and
they do not agree to conceal it, either the husband,
the wife or their guardians, and he offered a waleemah
or wedding feast, then this marriage is valid, and you
can call it whatever you want after that. End quote.
Jareedah al-Jazeerah, Friday 15 Rabee' al-Thaani 1422
AH, issue no. 10508.
Shaykh al-Albaani was asked about Misyaar marriage and
he disallowed it for two reasons:
That the purpose of marriage is repose as Allaah says
(interpretation of the meaning): "And among His Signs
is this, that He created for you wives from among
yourselves, that you may find repose in them, and He
has put between you affection and mercy. Verily, in
that are indeed signs for a people who reflect"
[al-Room 30:21]. But this is not achieved in this kind
It may be decreed that the husband has children with
this woman, but because he is far away from her and
rarely comes to her, that will be negatively reflected
in his children's upbringing and attitude.
See: Ahkaam al-Ta'addud fi Daw' al-Kitaab wa'l-Sunnah
(p. 28, 29).
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)
used to say that it was permissible, then he stopped
saying that because of the negative effects, as it was
poorly applied by some wrongdoers.
Finally, what we think is:
That if Misyaar marriage fulfils the conditions of a
valid marriage, namely the proposal and acceptance,
the consent of the wali and witnesses or announcement
of the marriage, then it is a valid marriage contract,
and it is good for some categories of men and women
whose circumstances call for this type of marriage.
But this may be taken advantage of by some whose
religious commitment is weak, hence this
permissibility should not be described as general in
application in a fatwa, rather the situation of each
couple should be examined, and if this kind of
marriage is good for them then it should be permitted,
otherwise they should not be allowed to do it. That is
to prevent marriage for the sake of mere pleasure
whilst losing the other benefits of marriage, and to
prevent the marriage of two people whose marriage we
may be certain is likely to fail and in which the wife
will be neglected, such as one who will be away from
his wife for many months, and will leave her on her
own in an apartment, watching TV and visiting chat
rooms and going on the internet. How can such a weak
woman spend her time? This is different from one who
lives with her family or children and has enough
religious commitment, obedience, chastity and modesty
to help her be patient during her husband's absence.
And Allaah knows best.
Stipulating the presence of a
guardian (wali) in a misyaar marriage
If I divorced my wife with one talaaq, whilst
she is still in her ‘iddah is it permissible for me to
do a new misyaar marriage contract?
Do I have to do get the permission of her guardians
for a new marriage contract?
If her guardian did not know about the misyaar
marriage and did not agree to it, is it permissible
for the imam to take the place of her guardian?.
Praise be to Allaah.
If a man divorces his wife with one talaaq, it is
permissible for him to take her back so long as she is
still within the ‘iddah period. Taking her back may be
done verbally, or by having intercourse with her with
the intention of taking her back. If the ‘iddah has
ended, he cannot take her back except with a new
He may also marry a second wife before divorcing the
first one or afterwards or during the ‘iddah, because
there is no connection between the two matters. And he
does not have to tell the first wife or get her
agreement, because Allah has permitted the man to have
four wives on condition that he treat them fairly.
Allah, may He be exalted, says (interpretation of the
meaning): "then marry (other) women of your choice,
two or three, or four; but if you fear that you shall
not be able to deal justly (with them), then only one"
A misyaar marriage, if it fulfils the conditions of
marriage, namely the consent of the woman, the
presence of her guardian and two witnesses, and the
mahr, is a valid marriage and there is nothing wrong
with a woman yielding some of her rights to
accommodation, a share of her husband's time or
But marriage without the guardian is not valid,
because the Prophet (blessings and peace of Allah be
upon him) said: "There is no marriage except with a
guardian." Narrated by Abu Dawood (2085), al-Tirmidhi
(1101) and Ibn Maajah (1881) from the hadeeth of Abu
Moosa al-Ash‘ari; classed as saheeh by al-Albaani in
And the Prophet (blessings and peace of Allah be upon
him) said: "There is no marriage except with a
guardian and two witnesses of good character."
Narrated by al-Bayhaqi from the hadeeth of ‘Imraan and
‘Aa'ishah; classed as saheeh by al-Albaani in Saheeh
al-Jaami‘, no. 7557.
And he (blessings and peace of Allah be upon him)
said: "Any woman who gets married without the
permission of her guardian, her marriage is invalid,
her marriage is invalid, her marriage is invalid."
Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi
(1102); classed as saheeh by al-Albaani in Saheeh al-Jaami‘,
It is not permissible to conceal the matter from her
guardian and the marriage is not valid unless it is
done by the guardian himself or the guardian delegates
someone to do the marriage contract on his behalf.
It is not permissible for the imam to take his place
unless the guardian has delegated him to do the
The condition of the guardian being present is
emphatically stipulated in the case of misyaar
marriage, so as to differentiate between it and
See also the answer to question no. 82390.
And Allah knows best.