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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the marriage of al-musyar permissible?

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Question:
Is the marriage of al-musyar permissible?

Answer:
It is a type of marriage. In terms of conditions, it possesses the conditions of marriage: the offer and acceptance, the guardian, and the witnesses are present. However, it lacks many things.
First, regarding the announcement: the Prophet (peace and blessings be upon him) commanded the announcement of marriage. This secret marriage, of which no one is aware, is contrary to the Sunnah; it is contrary to the Sunnah. Perhaps the one who does not know that he is married to the woman will see him going to her and suspect him. Therefore, the Prophet (peace and blessings be upon him) commanded the announcement of marriage to remove this suspicion and to protect people’s honor from being accused of zina (unlawful sexual intercourse). Perhaps harm will befall him; perhaps he will be beaten or detained because the marriage was not announced so that it would be known that she is his wife. Thus, he exposes himself to danger in this matter. Then he comes in with shame and comes in hiding. Is this how marriage is done? Marriage is done openly, and praise be to Allah, there is no noble contract that involves secrecy and hiding. This is one aspect. The third aspect is that the marriage of al-musyar removes the husband’s authority over his wife and his guardianship over her. She becomes free to go wherever she wishes, and he does not know about her, does not oversee her, does not protect her, and does not guard her. Thus, it removes the husband’s guardianship over his wife and his protection of his bed, because he does not know where she goes or where she returns, and he has no authority over her. Marriage is not like that. Fourthly, or fifthly, it leads to the loss of the children, because the children are not raised in his home. If he brings them to his home, they do not have a mother with them. If he leaves them with their mother, he has no supervision over them. Thus, the marriage of al-musyar contains harms.
Source قناة «العلامة الدكتور صالح الفوزان»، هل يجوز نكاح المسيار؟ للشيخ صالح الفوزان — youtube.com

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

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