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 is ideal for young adults whoever resources are too restricted to found a house ; for the all too-numerous widows residing in the region, who possess their very own residence and their particular savings, and whom cannot aspire to marry once again in line with the typical formula (or usually do not desire to), because they usually have dependent kiddies, for instance ; for the many divorcees ; and for the “old maids” whom see their youth fading in a involuntary celibacy, with no tasted the joys of wedding, for starters reason or any other. Hence, a million and half ladies are paid off to a predicament of forced celibacy in Saudi Arabia alone. (3)

The Sheikh of [[Al-Azhar]] [[Muhammad Sayid Tantawi]] additionally the well-known theologian [[Yusuf Al-Qaradawi]] note, nevertheless, inside their writings plus in their lectures, that an important percentage of this males whom have a partner within the framework regarding the marriage “misyar” are generally hitched males. (4)

Some characteristics for this 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 legitimate as a type of wedding, dating Senior even though it is generally accepted as an illicit one by [[Sunni]] Muslims. (5)

But, whereas the Nikah Mut’ah is dependent on a agreement with a set date of termination, the Misyar wedding agreement is determined for an period that is indeterminatealthough the spouse whom gets in into this union discusses it just as a short-term wedding, which results in breakup in 80 percent associated with situations).

The rise in popularity of misyar wedding today outcomes, probably, from the misunderstanding about its real nature, and about its real appropriate implications for the spouse, the spouse additionally the kiddies that could be created out of this wedding.

== Licitness of misyar wedding ==

From the appropriate viewpoint, the wedding “misyar” raises a few complex problems : can it be licit ? Does not it break the wifes legitimate liberties ? What’s the value that is legal of wifes renunciation for some of her legal rights ? exactly exactly What effets performs this situation have actually regarding the household as well as the social degree ?

Contrary to widely-held opinions, misyar marriage fits inside the basic regime of wedding in Muslim legislation, and never in a unique regime. Its satisfaction of all demands associated with the sharia is a sine qua none condition for the legitimacy.

Hence, when Muslim theologians say that the “misyar” wedding is completely licit, all they suggest is the fact that the agreement upon which it really is based must meet most of the demands lay out because of the charia (contract of both events ; existence of the tutor in some rites ; re re payment by the spouse to their wife (or even to the “tutor”) of the dowry of a sum arranged among them (that can easily be crucial or modest, based on their wishes) ; existence of witnesses ; promotion of this marriage. ). (6)

The Islamic Fiqh Academy (IFA), a specific human body associated with the Organization regarding the Islamic Conference (OIC), has conforted this aspect of view in a fatwa (7) of April 12, 2006. (8) and (9)

The clause by which the girl provides up a few of her liberties (the cohabitation for the couple, the residence, the subsidy towards maintenance (nafaqa). ) raises, because of its component, more subtle points of legislation. Does it belong with this particular group of well-known clauses in Muslim legislation that are contrary to the essence associated with the wedding agreement, and which vitiate the latter and then make it null, along with the appropriate union which can be in relation to it? Or, perhaps, with this particular second group of clauses that are struck of nullity, whereas the wedding agreement stays legitimate?

The Sheikh of Al-Azhar Muhammad Sayyed Tantawi reminds one, in this respect, that Muslim law confers regarding the events the best to put up when you look at the wedding agreement specific specific stipulations general to their reciprocal legal rights and responsibilities. As soon as the events agree, in the framework associated with wedding “misyar”, that the girl will provide up a number of the legal rights the law confers to her as being a spouse, this is certainly completely appropriate, if that is her will easily expressed. (10)