From: Syaikh Abdu Manaf Al Ansari
Sent: Wednesday, May 31, 2006 11:22
Subject: Zawaaj Al Misyaar
Wa'alaikumsalaam Wr Wb
This marriage in an innovation (bid'ah). It didnt exist during the time of Prophet Muhammad SAW or the Sahabah or the Tab'in or Tabiut-Tabi'in.
It started very early in the 19th century at 1825 in Egypt (Mesir). This marriage look like normal marriage e.g. it need the wali of the girl, witnesses and of course the bridegroom.
But there are special conditions:
1) No dowry (mahar) for the bride
2) No responsible bestow to the husband..meaning the husband do not provide shelter (house), no daily food, if kids to be born from this marriage the husband is not responsible for the upbringing.
3) The husband ONLY PROVIDE SEXUAL INTERCOURSE as and when the wife needed. The husband only visit the wife of misyaar for sex and that is all.
4) This marriage can take place secretly without knowledge of the public or the husband's immediate family.
Why such a marriage were legalized by some scholars ?:
1) Women can find good husband.
2) Just to avoid zina when too many unmarried women around.
3) Husband cannot get approval from first wife for second or subsequent.
4) Rich women but want to be seen as single and powerful without 'having' husband.
Why most scholars rejected it ?
1) Just like zina
2) Such marriage does not having the intention of building family instituion.
3) Serious implication to kids of misyaar, e.g. if the wife of misyaar dies..who is going to take care of them ? If the husband of misyaar dies, the kids still entitle of his wealth (faraid) as according to the shariah laws. But what happen if his normal wife and children refuse to give the wealth to the misyaar kids ? The right of misyaar kids will be exploited.
4) More social problem.
This marriage are widely in practise in Egypt, Africa, Kuwait and Saudi Arabia. I came to know also that in Indonesia also practises such marriage. Just imagine poor countries like Indonesia having so much social problems ... practises such misyaar marriage. So far, I have not heard it from Pakistan, India or Afghanistan. Malaysia they just started to talk and having discussion. In Singapore, definitely we will reject it.
This answer the query of Fanila Khan and Ahmad Masnor.
Syukran.
Laa Tansaa Dzikrallaah
Unzhur Maa Qiila Walaa Tanzhur Man Qaala
Al Haqiir Wal Faqiir Ilaa Rabbihi, Akhuukum Fil Islaam
Syaikh Abdu Manaf Al Ansari
----- Original Message -----
From: fanila khan
Sent: Tuesday, May 30, 2006 13:15
Subject: Re: Nikah Misyar
Asalam Alaikum
Would any one tell me about this Nikah Misyar.... What
is this... I never heard about it.....Thanks
Fanila
--- Basant Yousry <[EMAIL PROTECTED]> wrote:
> Salam,
> I fully agree with Syaikh that 'Zawaaj Al Misyaar'
> as
> scholars from Al Azhar refuted is haraam.
>
>
> Syaikh Abdu Manaf Al Ansari <[EMAIL PROTECTED]>
> wrote:
>
> Wa'alaikumsalaam
>
> To answer your question...
>
> I totally disagree with Qardhawi, Tantawi and Ibn
> Baz. Forgive me. This is bid'ah dhalalah. I still
> respect them, but in this fatwa they are wrong.
>
> My comment will anger stauch follower of this
> ulama'. Afwan. This
> 'Zawaaj Al Misyaar' is being branded by the Shia
> as "Sunni Marriage of Mut'ah". Only technically few
> terms are different from mut'ah, at least the Shia
> has a daleel from holy qur'an Surah An Nisaa ayat
> 24. But Misyaar where's the daleel ? Even some Sunni
> scholar differs about mut'ah, some says its still
> applicable on strict conditions.
>
> Scholars from Al Azhar refuted this marriage as
> haraam. I have to agree with them 100%.
>
> Anybody willing to solemnise his daughter or
> sister to such marriage ?
>
>
>
> Laa Tansaa Dzikrallaah
> Unzhur Maa Qiila Walaa Tanzhur Man Qaala
> Al Haqiir Wal Faqiir Ilaa Rabbihi, Akhuukum Fil
> Islaam
> Syaikh Abdu Manaf Al Ansari
>
> ----- Original Message -----
> From: Syatibiy
> Sent: Monday, May 29, 2006 11:06 AM
> Subject: Nikah Misyar
>
>
> Assalamualaikum
>
> Ya Ustaz, Ya Habib Manaf
>
> Komen sikit tentang nikah misyar ? Pendapat ulama
> dan etc.
>
> Shukran Habib.
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