The Ruling on Misar Marriage

Question:
The questioner says: Your Excellency the Shaykh, in times of fitnah (trial, discord or temptation) and keeping away from it, and from zina (unlawful sexual intercourse) — may Allah protect us and you from it — what is the ruling on musyar marriage?

Answer:
Musyar marriage, in terms of the contract, the witnesses, and the mahr (the bridal gift), the procedures of the contract are valid. However, it lacks all the benefits of nikah (the marriage contract) except for one thing, which is merely satisfying sexual desire. It does not include the husband’s authority (qiwamah) over the wife. It does not include the wife being protected by the husband in the husband’s home. It does not include the wife serving her husband. It does not include caring for children, if they have children. It has many deficiencies compared to lawful marriage. So, although it is valid in terms of the contract, it is deficient in a great way, and a Muslim should not enter into it. Yes. But in terms of validity, it is valid. It is valid, but the rulings of marriage that are required, and the benefits of marriage that are required, are lost; many benefits are missed. Yes.