Quote:
Originally Posted by ~Mu'MiNaH~  Sounds like legalised prostitution to me. |
its not legalised "prostitution"
read Muslim Knight posted
chk also this
What is the ruling on so-called “misyaar” marriage and what is the difference between that and mut’ah?
i want to know about "al-MESYAR" marriage and its conditions that should be followed and how it is different from "MUTA'A" marriage (temporaray) of shia'a sect..
Praise be to Allaah.
Misyaar marriage is no different from the kind of marriage which you know (ordinary marriage), except in one regard, which is that the woman foregoes her right to a share of the husband’s time in a plural marriage. So she does not have a day of her own like her co-wives have, and whenever her husband can come to see her, she is content with that.
Shaykh Sa’d al-Humayd
“ Misyaar” is a name that is used by the common people; it is not mentioned in the Qur’aan or Sunnah. If this marriage fulfils all the shar’i conditions of marriage such as having a wali (guardian), the proposal of marriage and the acceptance, the consent of both parties and no impediments to the marriage, etc., then the marriage is valid. If the woman says to the man in a misyaar marriage, “I will spend on myself and I will not ask you to spend on me or provide me with accommodation, and I will forego the right to ask for a night of my own” – if the husband has another wife – if the woman agrees to these compromises, she has the right to do so and the marriage is valid, even if it is unlikely to succeed or to last. Then if the wife wants the husband to spend on her and provide accommodation, and she asks for a night of her own, these are her rights. In this case the husband can either respond to her requests or he can divorce her. The difference between this and mut’ah marriage is a great difference. Mut’ah marriage is subject to the condition that it is for a limited time agreed upon by both parties, and the marriage contract ends when that time period ends. So it is a temporary marriage with a limit for its termination which is known to both parties from the outset. This is haraam and is not permitted. Getting married for twenty-four hours or for two or three days is no more than a joke.
The marriage of which we spoke at the beginning is marriage based on continuing indefinitely; it is not temporary or limited to a specific time period agreed upon by both parties and mentioned in the contract. The aim of misyaar marriage is that the woman keeps quiet about some of her rights and does not ask for them, and this is permissible.
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