The Ruling on Misyar Marriage and Advising a Student of Knowledge Against It

Question:
The questioner says: Your Eminence the Shaykh, what is the ruling on misar marriage? Is it permissible according to the Shari'ah, and do you advise a student of knowledge to do it?

Answer:
By Allah, we do not advise it; we advise against it. But we do not say it is forbidden if the conditions and obligations are met. The marriage is contracted through a valid contract with a guardian and a husband, or an agent for the husband, or an agent for the wife’s guardian, and if the conditions for women are met, it is a valid contract in terms of the contract itself. However, it lacks the benefits of marriage. The children are not with the father; they are with the mother. The wife is not in the husband’s home; she is free and goes wherever she wishes. The husband does not find a wife in his home, nor does he find children in his home. This is like animals that reproduce, where each one does not know the other. This is not in the interest of the parties. But we do not say it is forbidden; rather, we say it has no benefit. Leaving it and staying away from it is undoubtedly safer and better. Yes.