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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Misar Marriage

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Question:
This questioner asks about the ruling on musyar marriage?

Answer:
As for the contract, if its conditions and pillars are complete, it is valid. However, as for the purposes of marriage and the benefits of marriage, they are not realized in musyar marriage, because the woman is not under the man's authority, and her children are not in his care but remain with her.
The man does not take care of her,
Men are in charge of womenالرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ
[An-Nisa 4:34]
, he does not provide for her, nor does he care for her or protect her. She does not serve him, nor does she stay in his bed or in his house. The tranquility that Allah established marriage for is not achieved; there is no tranquility toward her. Thus, the benefits are missing; the benefits of marriage are missing in musyar marriage. As for the contract, if its conditions and pillars are complete, it is a valid contract that permits intercourse. Yes.

The presenter:
May Allah reward you,
Source قناة «العلامة الدكتور صالح الفوزان»، 141/120 شرح زاد المستقنع/ صالح الفوزان — youtube.com (44:48)

The Arabic text is a machine transcription of the audio recording.

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