Marriage by Mutual Agreement (Musi'ar) and the Objectives of Marriage
Machine translationRead the Arabic original
Question:
If the conditions of misar marriage are fulfilled, is that considered among the objectives of marriage?
Answer:
If the contract is completed, meaning the witnesses and the guardian are present, and the conditions of the marriage contract are met—the guardian and the witnesses, and the designation of the spouses—then the contract is valid in itself.
Misar does not fulfill the objectives of marriage, because the woman is not under the man’s authority, and her children are not with their father. If they are with their father, they are deprived of their mother, and if they are with their mother, they are deprived of their father. The woman also exits the husband’s control, and he does not regulate her, nor does he know where she goes or what she does. Since he is responsible for her, the objectives of marriage are not fulfilled in misar. Yes.
If the conditions of misar marriage are fulfilled, is that considered among the objectives of marriage?
Answer:
If the contract is completed, meaning the witnesses and the guardian are present, and the conditions of the marriage contract are met—the guardian and the witnesses, and the designation of the spouses—then the contract is valid in itself.
Misar does not fulfill the objectives of marriage, because the woman is not under the man’s authority, and her children are not with their father. If they are with their father, they are deprived of their mother, and if they are with their mother, they are deprived of their father. The woman also exits the husband’s control, and he does not regulate her, nor does he know where she goes or what she does. Since he is responsible for her, the objectives of marriage are not fulfilled in misar. Yes.
Source
قناة «مكة و المدينة»، 06 فتاوى على الهواء - 09 / 03 / 1433هـ _ الشيخ صالح الفوزان — youtube.com (32:50)
The Arabic text is a machine transcription of the audio recording.