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Shvoong Home>Society & News>Environment>No-Strings Marriage Summary

No-Strings Marriage

Article Summary   by:ElkabberAwi     Original Author: ethar elkataney
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Thirty-two-year-old Hagar Gouda is a divorcée. Married in her mid-twenties, she gave birth to a baby boy and divorced her husband three years later. She has spent the past six years raising her son and looking for a husband. So far, she has not found a man she likes well enough who is willing to help raise her son.

A potential solution is for her to enter into a misyar (traveler’s) marriage: a marriage which would allow her to spend as much time as she wants with her son in her home. The catch? Her new husband would not be obligated to buy her an apartment, nor live with her or spend money on her. Her answer: “Over my dead body.”

In mid April, headlines such as “Dar Al-Ifta Legalizes Prostitution” and “Misyar: Prostitution with Another Name” were everywhere, with local newspapers furiously editorializing on a supposedly new fatwa (religious edict) saying misyar marriages were sanctioned by Islam.

Misyar Matchmaking

Sunni Islam has always been adamant in its refusal to recognize mut’a (pleasure) marriages—a marriage with a specified end date, often entered into by couples with motives more temporary than setting up a home and bringing up children. Recognized as legal by the Shi’a sect of Islam, it is a type of marriage that is often exploited by men who ‘buy’ wives for a short duration of time. Unlike misyar marriages, a mut’a marriage needs no witnesses and no guardian.

A misyar marriage, on the other hand, seemingly strips women of even more rights. Rather than getting money from a short-term marriage, the wife gets absolutely nothing in terms of finances. She willingly gives up her right to live with her husband, her right to housing, and her right to nafaqa, a woman’s Islamic right to have her husband pay for her living and maintenance costs.

According to Dr. Ibrahim Negm, media spokesperson and advisor to Grand Mufti of Egypt Aly Gomaa’, Dar Al-Ifta did not issue a fatwa in April. What happened was that a reporter unearthed a reference to misyar in a list of decrees published last year by Al Azhar’s Islamic Research Academy, the highest Islamic authority in the nation.

The decree in question (Decree no. 218 of April 2007) listed types of marriage that are both Islamic as well as legal and those that are not — such as mut’a, boyfriend-girlfriend, and partner swapping. Number four on the list deals with misyar:

“It is the marriage which fulfills the pillars and conditions of Shariah [Islamic law], and has been recorded as an official document through a specialist intermediary. The summary of the matter is that the issue decided upon — in the contract or otherwise — is that the husband does not live with the wife, but visits her when he gets the opportunity. And it is a marriage built on all Shariah expectations [of marriage], except what the wife agrees to give up.”

There are four requirements for a marriage to be legal in Islam: consent of both parties, mahr (a gift from the groom to the bride), presence of two witnesses, and that it is made public. Historically, misyar was considered an option when the man traveled extensively and so could not live with his wife or had absolutely no financial means to give her a home.
Published: May 18, 2010   
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