@iranigirl2 @hussain .. long time a go I met this iranian guy in India in a tourist area... and were chatting and I remember one think he said, 'I came here to find love, Indian girls love you, Iranian girls love your money...'
I have no idea where he got this filmy notion from, was it bollywood movies, was it that he broke up with his iranian gf shortly before ...
Definition
A Misyar marriage can be defined as an official marriage contract between a man and a woman, with the condition that the spouses give up one, two or several of their rights by their own free will. These include: living together, equal division of nights between wives in cases of polygamy, the wife’s right to housing (sukna) and financial support (nafaqa). In some cases, only one right is relinquished by the spouses, such as living together, but the husband is still required to provide housing for the wife and maintain her financially, whilst in other instances, the wife gives up all her rights including housing and financial support. The bottom line in such arrangements is that the couple agree to live separately from each other, as before their Nikah contract, and see each other to fulfil their needs in a lawful manner when they so desire. At times, a Misyar marriage is contracted on a temporary basis which ends in divorce on the expiration date of the contract.
Islamic Ruling
As for the Islamic ruling concerning such marriages, there are two issues to consider:
1) Validity and permissibility;
2) Appropriateness.
I. Validity and Permissibility
If all the basic requirements for an Islamic marriage contract are fulfilled, then this type of marriage arrangement is permissible and valid, and the couple will not be guilty of being involved in an unlawful illicit relationship. The basic requirements for a valid marriage according to Shari’a are the following:
a) Offer (ijab) from one party and acceptance (qabul) from the other in one session (majlis), and that this offer and acceptance is verbal and thus heard and understood clearly. In other words, the agreement of both parties.
b) The presence of at least two male witnesses (shahidayn), or one male and two female witnesses, who hear and clearly understand the offer and acceptance. (Mukhtasar al-Quduri 2/140 & Fath al-Qadir 3/190)
c) The consent of a legal guardian of the woman (wali) is also a necessary requirement according to the Maliki, Shafi’i and Hanbali Schools of Sunni Islamic Law. However, according to the relied upon position in the Hanafi School, the marriage of a free, sane and adult woman without the approval of her guardian (wali) is valid if the person she is marrying is a “legal” and suitable match (kuf’for her. Conversely, if the person she is marrying is not a legal match for her, then her marriage would be considered invalid. (Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/56-57 & I’la al-Sunan 11/69 in the chapter: “Having a guardian is not a pre-requisite for the validity of an adult woman’s marriage”. For more details, please refer to the answer previously posted on this website titled: “Divorced woman marrying without her guardian’s approval”
d) The absence of a fixed time-period. It is a basic requirement of a valid marriage contract that it does not entail any agreement of it being limited to a specified time such as two moths or five days, since it is essentially the Mut’a marriage that has been explicitly prohibited by the Messenger of Allah (Allah bless him and give him peace).
Classical jurists (fuqaha) have clearly stated the impermissibility and invalidity of time-limited (mu’aqqat) marriages. Imam al-Haskafi, the renowned Hanafi jurist, states:
“A Mut’a and time-limited marriage (nikah mu’aqqat) is invalid, even if the period [of marriage] is unknown to the wife or is prolonged...” (Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/51. Also see for the Shafi’i School: Mughni al-Muhtaj Sharh al-Minhaj 4/231, for the Hanbali School: Kashshaf al-Qina’ 5/96-97, and the Maliki School: Hashiyat al-Dasuqi ala ‘l-Sharh al-Kabir 2/238-239)
As for when there is no explicit mention of the marriage being limited to a specified time, but both or one of the spouses intend to terminate the marriage some time in the future, the position of the majority of classical scholars is that such a marriage is valid, and the couple will not be guilty of involving themselves in an unlawful relationship.
It is stated in al-Fatawa al-Hindiyya, a renowned Hanafi reference work:
If a man marries a woman unconditionally [i.e. without it being limited to a specified time], and it is in his intention to remain with her for a time that he intends [and then divorce her], then the marriage is valid...” (al-Fatawa al-Hindiyya 1/283)
Likewise, Imam Ibn al-Humam (Allah have mercy on him) states in his Fath al-Qadir:
As for when the husband marries and it is in his intention to divorce her after a period that he intends, then the marriage is valid.” (Fath al-Qadir, 3/152)
The Shafi’is also state that if one marries, and it is in his intention to divorce the wife after a period of time he has in mind, the marriage is considered valid. As for the Hanbalis, they have explicitly stated that if a person marries with the intention of divorcing the woman, even without stating it explicitly in the marriage contract itself, then the marriage is invalid, because it is a temporary marriage, which is invalid by explicit primary texts. (See: al-Mawsu’a al-Fiqhiyya, Kuwait)
Since Islam emphasises upholding marriages, the couple will not be obligated to terminate their marriage according to their intention, rather they must not resort to divorce without a genuine reason. Marrying with the intention of ending the marriage after a given period is disliked according to Shari’a, and as such, a marriage contracted with such an intention in mind is also disliked, although valid per se. (Mufti Taqi Usmani, Fiqhi Maqalat 1/258)
So, the basic minimum requirement in order for a marriage to be considered Islamically valid is that there be a valid offer from one party and a corresponding acceptance from the other, in the presence of two male (or one male and two female) witnesses who are able to hear clearly and understand what is happening. The offer, acceptance and the presence of the witnesses must all take place in the same session and at the same place, and there must not be any explicit mention of the marriage being limited to a specified time. The consent of the woman’s guardian is also necessary according to the three Schools, and in some cases, according to the Hanafi School also. As for the payment of dowry (mahr), this is the woman’s right and should be stipulated at the time of the marriage contract, but it is not a pre-requisite for the validly of the marriage.
As such, if the above necessary factors are met, the marriage is valid according to Shari’a, even if it is a “Misyar” marriage. Thus, if the Misyar marriage is limited to a specified time, it is invalid, and the couple’s relationship will be unlawful and sinful. Men who sometimes enter into a “temporary” Misyar marriage while on holiday must realize that if this is explicitly mentioned at the time of contracting the marriage, then it would make such a marriage invalid and unlawful, and more akin to Mut’a. If there is no explicit mention of this, but the man marries with the intention of divorce, then it is disliked, and unlawful [but valid] if it entails harm to the woman.
@iranigirl2 @hussain .. long time a go I met this iranian guy in India in a tourist area... and were chatting and I remember one think he said, 'I came here to find love, Indian girls love you, Iranian girls love your money...
I have no idea where he got this filmy notion from, was it bollywood movies, was it that he broke up with his iranian gf shortly before ...
not a lot watch bollywood movies anyway
Not its not, why don't you read about it instead of asking me what its. Here let me help you.
-
Surely i can produce an article or a Saudi mufti saying even Misyar is Haram-
I hv read about it in detail-
And i am not asking i am telling you both are for the same reason- "sexual satisfaction"-
Just because you do it its halal and when shia does the same its Zina-
New Recruit
Remember This..............The Pure Evil Saudi Arabia Cleric Father
5 year old Saudi girl tortured raped killed by Cleric father who doubted her virginity
Shocking … News Report
Saudi Arabian media sources have reported that an Islamic cleric who raped, tortured and killed his 5-year-old daughter, has been let off with a small fine, avoiding a jail sentence.
Lama al-Ghamdi was the daughter of Fayhan al-Ghamdi, an Islamic preacher who makes regular appearances on television. Under Saudi law, al-Ghamdi has had to pay only £31,500 in ‘blood money’, even after confessing to the heinous crime.
Gulf News reports that 5-year-old Lama was admitted to hospital with multiple injuries, including a crushed skull, broken ribs and left arm, extensive bruising and burns. She died last October 22.
Activists from women’s rights groups said that the father had doubted Lama’s virginity and had her checked up by a medic. A social worker from the hospital where Lama was admitted said the girl’s back was broken and that she had been raped “everywhere”.
According to the victim’s mother, hospital staff told her that her “child’s rectum had been torn open and the abuser had attempted to burn it closed.”
Ghamdi has apparently paid 200,000 riyals ($50,000; £31,500) in “blood money” – a sum that can be paid to relatives of a murder victim and which, if accepted, can replace a death sentence.
Human rights activists have indicated that judicial leniency towards male abusers reflects the highly problematic nature of the male guardianship system in Saudi Arabia.
Currently, women in Saudi Arabia are considered minors, and all are automatically assigned to the care and judgment of their most immediate male relative.
So far, three Saudi activists have raised objections to the ruling which is based on Saudi laws that state that a father cannot be executed for murdering his children, nor can husbands be executed for murdering their wives.
5 year old Saudi girl tortured raped killed by Cleric father who doubted her virginity – markulyseas - My Telegraph
All Arab Are Stupid,Dumb & Pure evil khawarij...............All Must Be KILLED
