Nikāḥ-e-Misyār: Jurisprudential Opinions and Rulings

Abstract

Misyār marriage, a form of marital contract within Islamic jurisprudence, has been a subject of considerable debate among scholars due to its unique conditions, which differ from traditional marriage norms. This research paper provides an analytical exploration of the jurisprudential opinions and rulings regarding Misyār marriage across various schools of thought in Islamic law. The study delves into the origins of Misyār, its legal validity, and the conditions under which it is practiced. By examining primary sources such as the Qur'ān, Ḥadīth, and classical Islamic legal texts, alongside contemporary fatwas, the paper highlights divergent scholarly views on key issues, including the consent of both parties, financial responsibilities, and the impact of Misyār on family and social structures. The paper further addresses ethical and social considerations, questioning whether Misyār fulfills the broader objectives of marriage in Islam (maqāṣid al-sharīʻah), such as companionship, protection, and procreation. It also explores the implications of this type of marriage in modern Muslim societies, where economic pressures and evolving gender roles have influenced its practice. Ultimately, this research aims to present a balanced view by juxtaposing traditional rulings with contemporary contexts, offering insights into how Islamic jurisprudence navigates the complex realities of Misyār marriage.