misyar marriages in saudi

esperanza

revert of many years
this is an old article but these marriages are beoming more and more common

ARAB NEWS MISYAR MARRIAGE ,,A MARVEL OR MISERY
JEDDAH, 5 June 2005 — To some, it’s an unthinkable act; for others, it’s better than loneliness, but in what is otherwise a conservative culture, misyar marriage goes against the grain.

Misyar marriage is a legal alternative marital arrangement more Saudi men and women are using to offset prohibitive marriage costs and the stigma unmarried women face.

In a misyar marriage the woman waives some of the rights she would enjoy in a normal marriage. Most misyar brides don’t change their residences but pursue marriage on a visitation basis. Some marriage officials say seven of 10 marriage contracts they conduct are misyar, and in some cases are asked to recommend prospective misyar partners.

Most of the women opting for misyar either are divorced, widowed or beyond the customary marriage age. The majority of men who take part in such marital arrangements are already married.

“All the misyar marriage contracts I conduct are between men and women remarrying,” said Abu Fawaz, who’s been a marriage official for four years. “For a misyar marriage all you need is witnesses, her dowry and the acceptance of both parties. Usually the woman either has her own place or lives with her family. Most of the time the woman’s family knows while the man’s family is in the dark about it, be it his first wife or any other family members.”

Arab News surveyed 30 Saudi men and women aged 20-40 regarding misyar marriage. Over 60 percent of the men surveyed would consider misyar marriage for themselves with the majority of the respondents in their 20s. Those who would not consider it for themselves would not allow it for kin, be it sisters, brothers, sons or daughters. However, among the men who would consider it themselves, only two would find such a marriage acceptable for a female relative.

“If I allowed myself to marry another man’s sister or daughter ‘misyarically’ then it would only be fair to accept the same for my own female kin,” said Mohammad H. “It’s a double standard for men to accept it for themselves and other men but not the females. After all, if we all took up the same policy then who would we marry — each other?”

The reasons men gave for favoring misyar most often related to cost, with some asking “why not?” “I get to maintain all my rights, but I don’t have to take care of her financially and don’t even have to provide a house for her,” said 25-year-old Rayan Abdullah, an unmarried medical student at the city university. “It’s a great solution — isn’t it? It costs less than having a girlfriend — doesn’t it?” Or is it a male convenience in a male-dominated culture?

“What are the things most of us married men complain about?” asked Ghazi Ahmad, a 38-year-old husband and father of three children. “Don’t all of us constantly complain about the financial burdens, the lack of personal freedom — the routine patterns? Then this is the best marriage ever as far as I’m concerned. Married but not married — perfect.”

The opinions of women respondents about misyar marriage were a sharp contrast to the males’. More than 86 percent of the women 20-40 would not even consider such a marriage for themselves. Only four women — all in the over-40 category — would consider such marriages for themselves or relatives.

Most of the women respondents called it “legal prostitution” or objected to the lack of women’s rights in misyar marriages.

“I’m set in my ways,” said a 42-year-old bank manager who chose to call herself Muna Saad. “I live with my mother and couldn’t tolerate the idea of leaving her to live alone, and I’m comfortable financially. At the same time, I’d love to get married,” Muna said. “I also think it would be amusing for the roles to be reversed and sort of ‘own’ the man for a change and having him owe me rather than the other way around.”

Despite optimistic expectations, such marriages are not always blissful. Former and current misyar spouses said it can become a nightmare if pregnancy results from the union or if there are already children from former marriages. With most misyar marriages rooted in secrecy, the husband is only a ghostly figure occasionally seen. Once a child is conceived, the luxury of secrecy disappears.

“My second misyar marriage was doing fine despite my hawk of a first wife,” said Abu Abdul Rahman. “But that was only until my second wife got pregnant, and then the real nightmare began. She wanted to announce our relationship publicly because it put her in bad situations societally — you can’t be single and pregnant. I had to tell my family and my wife, and all hell broke loose. Now both marriages are on the rocks.”

There can be other unforeseen consequences of secrecy. “I’d been married misyarically for almost a year when members of the Commission for the Promotion of Virtue and the Prevention of Vice paid me a terrible visit accusing me of prostitution,” said a 35-year old divorcee and mother of two who chose to call herself Warda.

“They wanted to drag me to the police station even though I kept shoving the marriage contract in their faces. I had to call my brother — with whom I wasn’t on speaking terms. It was terrible. I hated myself and hated all men — my children were 6- and 7-years-old.”

A social worker who frequents the courts denounced misyar marriage. “The courts are overflowing with problems from regular marriages regarding financial obligations that husbands ignore, custody problems and alimony,” she said.

“There is a horrible, growing problem in enforcing the law upon neglectful husbands and fathers. How can anyone legalize a procedure such as misyar marriage that will make room for more irresponsibility?” the social worker asked.

“Unfortunately, misyar marriage has made it easier for irresponsible, immature individuals to enter a relationship that is supposed to be based on credibility, reliability and respect,” said Abu Zaid, an elderly marriage official. “This isn’t the case. It’s treated as a temporary solution for lust. That’s not what marriage is all about. In regular polygamy all wives have exactly the same rights over the husband, be it financial, be it regarding time spent together or being public. Women think that misyar marriage is for their benefit when in fact on a long-term basis, they pay the price and not just from their pockets but from their emotions, as well.”

Many parents and children of misyar wives stated that they felt the woman as being sold short in such a marriage. Parents mostly said that the only reason they accepted the situation was in recognition of their daughters as adult women with their own needs and their right to respond to such needs. “I begged my divorced daughter not to marry a suitor who proposed a misyar marriage,” said Abu Fahda. “At the end, I gave in because I didn’t want to be the reason for her having an unlawful relationship with a man. I’m an adult, and I know she has her needs, but I’d be lying if I said that I have any respect for this stranger who comes to my house for intimacy with my daughter. I even have trouble looking her in the face,” he said. “My neighbor’s niece was married misyarically for a while, and then when the husband was done with her he just left her — just like that.”

Abu Fahda’s grandchildren share his sentiments — especially sadness. “I don’t know who this man is — this man who comes to our house and spends time with my mother,” said the 6-year-old boy. “He’s not my father, and he can’t be her husband because fathers and husbands live with their families.”

For sociologists, misyar marriage is a head-scratcher. “What are we telling others about our self-worth, and what are we telling our children about the significance and meaning of family?” asked Dr. Nahid L. “Marriage is about in-depth relationships — not just copulation. Why are more women willing to forgo what is theirs just to be ‘called’ or falsely feel married?”

When marriage was created it was to ensure that no one gets anything for free. “Each, husband and wife, has duties and rights — and even in regular marriages women are already taken for granted. Marriage isn’t just about sex. Misyar marriage is only going to make things worse as far as I’m concerned.”

Some say society msut consider other alternatives. “If they want to really solve the issue of unmarried women instead of making it easier for men to marry repeatedly and cheaply, they should make it easier for Saudi women to marry non-Saudis,” said a school teacher.

“Years ago in college, I overheard one of my son’s friends talking about marriage and girls, and he asked ‘why buy the cow when the milk is free?’ They were talking about loose girls and there not being any need for marriage with them around,” said a university professor. “With misyar marriage, haven’t we just legalized the ‘why-buy-the-milk-when-the-cow-is-free’ syndrome? And we’re supposed to be civilized?”
 

esperanza

revert of many years
misyar marriages gain prominence

Misyar marriages gaining prominence among Saudis
By Mariam Al Hakeem, Correspondent
http://www.gulfnews.com/Articles/RegionNF.asp?ArticleID=165873



Riyadh: With the number of unmarried women in Saudi Arabia rising at alarming rates, an undeclared marriage system known locally as misyar is gaining prominence.

This form of marriage has also generated controversy and subsequent debate at all levels of the society and among religious scholars.

Misyar is described as a form of marriage in which the wife gives up her rights offered under the religion, including the right to have the husband living with her in the same house and providing her with necessary expenses.

In short the woman gives up the right to have an independent home. The husband may come to see her at her parent's home at whatever time he chooses for himself, or at a time agreed by the two.

Although there are no official statistics on this kind of marriage, most social researchers agree the phenomenon is on the rise and is no longer confined to a particular group.

Some scholars approve of the practice by saying that it meets the basic requirements of legal marriage under Islam and helps in solving many social problems resulting from spinsterhood.

Others denounce the practice, saying it is unlawful because it does not meet the marriage requirements as stipulated by Shariah, and could thus result in more serious moral and social problems.

Among those who approve misyar is prominent Saudi scholar Shaikh Abdullah Bin Sulaiman Bin Menie. A member of the Supreme Ulema Council, Shaikh Menie says misyar is legal since it meets the requirements for a lawful marriage under Islam.

"What distinguishes this kind of marriage from others is that the wife voluntarily waives her right of having the husband living with her in the same house and paying for her necessary expenses. She agrees to have the husband visit her at any time, day or night, at the time convenient to him," he said.

Shaikh Menie said the conditions agreed by the wife do not affect the validity of the marriage and the wife can still demand her full rights, including having the husband live with her and provide for her expenses. The husband in this case is free to agree to her terms or opt for divorce, he added.

He cited the case of Al Sayida Souda, one of the wives of Prophet Mohammad (Peace Be Upon Him), who agreed to give up her right of having the Prophet spend every alternate night with her in favour of the Prophet's other wife, Al Sayida Aisha.

The problem of spinsterhood prompted the Shura Council to intervene.

It recently asked 50 Saudi female intellectuals and educationists to present strategies for dealing with the issue.

Saudi families, women in particular, were advised to accept a more modest dowry to lessen marriage expenses.

The director of social affairs department in Jeddah, Ehsan Al Tayeb described misyar as a "social phenomenon resulting from discrepancies in the country's very family structure and the marriage system".

Legal advisor, Hamid Fallata, says of misyar: "It is the choice of the coward who resort to marrying secretly," and warned the practice could result in more serious social and legal problems instead of solving these.

Social researcher, Abdullah Al Dosari, cited several reasons for the phenomenon.

"Some of these relate to men, others to women and still others have to do with the society in general. Some men want to have more than one wife for various reasons, perhaps for not being happy with the first wife."

"Women fear spinsterhood and find solace in this kind of marriage. Divorced and widowed women would not want to spend the rest of their life without a husband," he explained.

Matchmaker Um Talal said some women resort to misyar because they want to stay at their parents' home to take care of them, especially if there is no one else in the family to do so.

Some physically challenged women would also want to marry this way and their parents would not object because they want their daughter to have a husband.





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nyerekareem

abdur-rahman
Could a troubling global economy have something to do with it too? Some women ask for dowries that are simply backbreaking.
 

lovefordeen

Junior Member
assalaamu alaikum

assalaamu alaikum

i don't know much about misyar marriages,but the source of one of your articles is "www.islamawareness.com"...and i know that it's an enemy of islam...it has all bad things to say about islam...it is a anti islamic propaganda websitedear sister,please don;t read islam awareness..

assalaaamu alaikum
 

esperanza

revert of many years
assalaamu alaikum

i don't know much about misyar marriages,but the source of one of your articles is "www.islamawareness.com"...and i know that it's an enemy of islam...it has all bad things to say about islam...it is a anti islamic propaganda websitedear sister,please don;t read islam awareness..

assalaaamu alaikum

thank you sister dfor this advice, but iknow for sure this kind of marriage is becming muh more common here
 

lovefordeen

Junior Member
asslaamu alaikum

no sister esperanza,u r not wrong...muslim men pay the mahr to the wife wherrever they are...but in india,some men pay the mahr to the wife and and in return ask for dowry(which is a hindu custom and completely alien to islam)...not every man does this evil thing...there are men who don't take dowry from wives and only give mahr to their wife...like islam prescribes..for eg,my husband

assalaamu alaikum
 

esperanza

revert of many years
asslaamu alaikum

no sister esperanza,u r not wrong...muslim men pay the mahr to the wife wherrever they are...but in india,some men pay the mahr to the wife and and in return ask for dowry(which is a hindu custom and completely alien to islam)...not every man does this evil thing...there are men who don't take dowry from wives and only give mahr to their wife...like islam prescribes..for eg,my husband

assalaamu alaikum

salam sister..thank you for this clarification
 

Perseveranze

Junior Member
Asalaamu Alaikum,

The majority of the scholars are against this. I think you gotta be a bit more careful when posting this stuff, because it can mislead people.

Islamic scholars like Ibn Uthaimeen or Al-Albani claim, for their part, that misyar marriage may be legal, but not moral. They agree that the wife can at any time, reclaim the rights which she gave up at the time of contract.[8] But, they are opposed to this type of marriage on the grounds that it contradicts the spirit of the Islamic law of marriage and that it has perverse effects on the woman, the family and the community in general.
For Al-Albani, misyar marriage may even be considered as illicit, because it runs counter to the objectives and the spirit of marriage in Islam, as described in this verse from the Quran :
“And among His Signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your (hearts)…”[9]
Al-Albani also underlines the social problems which result from the “misyar” marriage, particularly in the event that children are born from this union. The children raised by their mother in a home from which the father is always absent, without reason, may suffer difficulties.[10] The situation becomes even worse if the wife is abandoned or repudiated by her husband "misyar", with no means of subsistence, as usually happens.
"Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about Misyaar marriage; this kind of marriage is where the man marries a second, third or fourth wife, and the wife is in a situation that compels her to stay with her parents or one of them in her own house, and the husband goes to her at various times depending on the circumstances of both. What is the Islamic ruling on this type of marriage?
He replied:
There is nothing wrong with that if the marriage contract fulfils all the conditions set out by sharee’ah, which is the presence of the wali and the consent of both partners, and the presence of two witnesses of good character to the drawing up of the contract, and both partners being free of any impediments, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him): “The conditions that are most deserving of being fulfilled are those by means of which intimacy becomes permissible for you” and “The Muslims are bound by their conditions.” If the partners agree that the woman will stay with her family or that her share of the husband’s time will be during the day and not during the night, or on certain days or certain nights, there is nothing wrong with that, so long as the marriage is announced and not hidden. End quote[11]
Shaykh al-Albaani was asked about Misyaar marriage and he disallowed it for two reasons:
1) That the purpose of marriage is repose as Allaah says (interpretation of the meaning): “And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect” [al-Room 30:21]. But this is not achieved in this kind of marriage.
2) It may be decreed that the husband has children with this woman, but because he is far away from her and rarely comes to her, that will be negatively reflected in his children’s upbringing and attitude.[12]
As for Ibn Uthaymeen, he recognizes the legality of “misyar” marriage from the Shariah standpoint, but considers that it should be opposed because it has been turned into a real merchandise that is being marketed on a large scale by “marriage agencies”, with no relation to the nature of Islamic marriage.
Critics of this marriage observe, more generally, that this type of marriage usually ends up in divorce. As a result the wife finds herself abandoned, forced to lead a solitary life as she had before the marriage, but traumatized by the experience, while her social status and reputation degraded.
The proponents of the misyar marriage, though they recognize that it can result in problems, observe that it doesn’t have a monopoly on them. The problems result, more generally, from the way in which people apply the rules of the Shariah.
 

Aisya al-Humaira

الحمدلله على كل حال
Assalamu'alaykum wa rahmatullahi wa barakaatuh,

About misyaar marriage, please search the old threads that had discussed about this. That had posted rulings on this matter. Search the aqeedah threads.

Secondly, when it comes to current news, it is best to not post news that we can doubt and question of its authentication and also news that we know have the potential to heat the thread. Not few threads has been closed due to people debating unnecessarily about the "controversial" news, no?

So, let's bump the beneficial threads that are related to beliefs, purification of the soul, unity of the ummaah etc etc. We do not need anymore news that only cause chaos, arguments on the board.

[I'm talking about this generally, not only for this particular thread].

Wa'alaykummusalaam.
 

DanyalSAC

Junior Member
:salam2:

Women are usually the ones to pay a dowry, not a male.

A dowry, yes. But the mehar is what the man pays the woman. In most of the non-Islam world the woman pays the dowry. In Christian Europe it was a big thing - she would have a dowry chest in which she put items for her future husband: clothing she had made, a quilt for their consummation bed etc.

Many countries also called it a "bride price".
 

esperanza

revert of many years
[i know from living in this country and people who live here ,that this is becoming inresingly popular especially for professional women ,so it affects muslims today ,thats why i posted it
 

Noor El-Huda

Junior Member
A dowry, yes. But the mehar is what the man pays the woman. In most of the non-Islam world the woman pays the dowry. In Christian Europe it was a big thing - she would have a dowry chest in which she put items for her future husband: clothing she had made, a quilt for their consummation bed etc.

Many countries also called it a "bride price".


But isn't dowry and maher same thing or am I wrong? I just happened to hear a lecture today about what the prophet pbuh paid as mahr for his wives. I do hear that in some countries like Pakistan and India, the women pay the dowry, or her poor father. But why? when this is not from Islam? What would happen to a father with five daughters? Like someone I know.. It's simply non Islamic and an unnecessary burden for the women/father. Which could explain why poor families might want boys instead. Allahu a'lam.

A hefty dowry which is asked of the man, is also going against Islamic teachings, because it contributes to men refraining from marriage, which lead to corrupt societies. Islamic teachings stress that there is more Barakah (blessings) with a small dowry marriage.
 

esperanza

revert of many years
But isn't dowry and maher same thing or am I wrong? I just happened to hear today a lecture today about what the prophet pbuh paid as mahr for his wives. I do hear that in some countries like Pakistan and India, the women pays the dowry, or her poor father. But why? when this is not from Islam? What would happen to a father with five daughters? Like someone I know.. It's simply non Islamic.

islamically it should be mahr paid by the man to his future wife
 

Aapa

Mirajmom
Assalaam walaikum,

What is the difference between this and temporary marriage. As the Prophet, may the peace and blessings of Allah be upon him, forbade temporary marriage.

Going back to the article...it was written in a very sexist tone. The last time I saw the word spinsterhood was in some Victorian novel that I threw at a professor as I walked out of the room..

I love the term social researcher. Who and what are they and what are they measuring. Once again..there were no numbers or facts.

What is a female intelligentsia. What is the exact number of women in Saudi Arabia..what are the parameters; what are the socio-economic status of the women...

And I am going to have to go drink a cool glass of water on this line...what insensitive human being would have the gall to write the sentence about physically handicapped women???

Sister,

Please before you post..read the article slowly...and look for the subtle message that it sends. Once again, I ask you what is the purpose of this post. The article is sexist, the article has no facts and figures, it is almost silly.
 
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