The Ruling on Misar Marriage
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, what is the ruling on *nikah al-musyar*?
The Shaykh:
Marriage requires many things, or rather, its objectives include satisfying desire. *Nikah al-insijam* [a form of marriage without cohabitation] contains only the satisfaction of desire. As for children, they are neglected, and as for the relationship between the spouses, it does not result in tranquility in the home. None of the objectives of marriage are present in *nikah al-insijam*, except for the animalistic aspect and desire. This marriage is not lawful. Yes.
The presenter:
Honorable Shaykh, you mentioned.
The Shaykh:
Perhaps also, the husband does not have control over the woman, nor does he have authority over her; the woman is neglected and becomes the one in authority. Does Islam desire that a woman should be outside her husband's authority and his guardianship over her? Because his bed is her bed; if he leaves her, he does not know where she goes, nor does he know where she goes. Few women are trustworthy, and most of them are not to be trusted if there are not men with authority over women. The result of this type of marriage is not a marriage that achieves the lawful objectives.
Honorable Shaykh, what is the ruling on *nikah al-musyar*?
The Shaykh:
Marriage requires many things, or rather, its objectives include satisfying desire. *Nikah al-insijam* [a form of marriage without cohabitation] contains only the satisfaction of desire. As for children, they are neglected, and as for the relationship between the spouses, it does not result in tranquility in the home. None of the objectives of marriage are present in *nikah al-insijam*, except for the animalistic aspect and desire. This marriage is not lawful. Yes.
The presenter:
Honorable Shaykh, you mentioned.
The Shaykh:
Perhaps also, the husband does not have control over the woman, nor does he have authority over her; the woman is neglected and becomes the one in authority. Does Islam desire that a woman should be outside her husband's authority and his guardianship over her? Because his bed is her bed; if he leaves her, he does not know where she goes, nor does he know where she goes. Few women are trustworthy, and most of them are not to be trusted if there are not men with authority over women. The result of this type of marriage is not a marriage that achieves the lawful objectives.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع كتاب النكاح - 2 — islamhouse.com (1:02:30)
The Arabic text is a machine transcription of the audio recording.