Misyar Marriage Contract: Understanding Its Validity and Use

Misyar marriage (المسيار‎), is a Muslim marriage contract in which the wife freely waives some of her rights.

This option is written in the Sunnah.

“If a woman fears indifference or neglect from her husband, there is no blame on either of them if they seek ˹fair˺ settlement, which is best. Humans are ever inclined to selfishness.1 But if you are gracious and mindful ˹of Allah˺, surely Allah is All-Aware of what you do.“
(Quran 4-128)

The above verse was revealed about such a case. The Quran also talks about compromise and possible arrangements between husband and wife.

“Give women their dowries graciously. But if they willingly forego some of it, then consume it with enjoyment and pleasure.”
(Quran 4:4)

These rights include:

• Living together continuously.
• The husband paying for the wife’s and family’s expenses (nafaqah).
• Sharing nights equally (polygamy).

In Arabic, the term misyar means “adoption, accommodation, adjustment.”

The waiver clauses written into a misyar contract are promises the wife makes not to claim some of her rights (to share nights equally, for example).

The wife cannot, however, waive her rights permanently because they are sacred.

The wife may keep her promise(s) as long as she wishes, then reclaim all or part of her rights when she wants to, whether she needs to or not, without providing a reason.

Nikahcontract.com offers a whole series of detailed clauses to help you meet the expectations of spouses in this type of marriage.

The wife may, for example, continue to lead a life apart from her husband, living in her own home and/or meeting her own needs through her own means. Her husband has the right to go to her home (or her parents’ home) when he wishes or whenever the spouses decide.

Contrary to what many Muslims believe, Misyar marriage contracts are ordinary marriage contracts, comparable to a Traditional marriage contract, except for the waiver clauses.

According to Sheikh Yusuf Qaradawi, Misyar marriage, or something similar, has been practiced since long ago (Bukhari Hadith 2450).

Misyar marriage falls under general Muslim law, Sharia, and is therefore entirely legal and valid, provided that the normal requirements of a licit Muslim marriage contract are met (the parties’ agreement, the presence of a legal representative under some schools, the husband’s payment of a dower to his wife, the presence of witnesses).

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Islam’s highest authorities have confirmed this, for example: Sheikh d’Al-Azahr Muhammad Sayyid Tantawy in a fatwa (Gulf News, 12 May 2006), by the formerGrand Mufti of Egypt Nasr Farid Wasil  (in his Hassouna addimashqi, Arfane: Nikah al misyar (2000), in Arabic) and also by  Sheikh Yusuf Qaradawi (in his book “Kalimah Hadi’ah Hawla Zawaj al-Misyar,” Majallat al-Mujtama, number 13.1 26/5/1998).

In 2006, the Islamic Fiqh Academy, an organization affiliated with the Organisation of Islamic Cooperation (OIC) confirmed the legality of Misyar marriage contracts in a fatwa (Gulf News 17 March 2007).

Although it is true that there is a broad consensus on the validity of Misyar marriage contracts in Islam, some scholars believe that they can be problematic for the wife, the family and the Ummah in general.

Many other scholars think, on the contrary, that Misyar marriage can help millions of Muslims throughout the world to get married and have children while respecting the commandments of Islamic law.

It is up to the spouses to decide what type of marital life they want to lead by choosing the type of marriage contract that best corresponds to their expectations.