The Ruling on Misar Marriage
Machine translationRead the Arabic original
Question:
Honorable Shaykh, people have been talking a lot about *zawaj al-musyar* (a form of marriage with limited rights). What is the ruling of the Shari'ah on this?
Answer:
*Zawaj al-musyar* is not a complete marriage; it is merely for satisfying lust. The woman is not under the husband's control or in his home. What will happen to her children? Will they stay with her or with their father? The husband does not control his wife, does not prevent her from going out, does not monitor her, and does not have authority over her. Therefore, it is a defective marriage in several respects. Yes.
So, it does not achieve the objectives of marriage except for one thing, which is satisfying lust. And that is not sufficient. Marriage is not just for satisfying lust. It is about having authority over the woman and about monitoring her so that she does not fall into moral corruption or so that one of the wicked does not take advantage of her. The woman must be in the care of the man, under his watch, in his home, meaning she does not leave his home except with his authority over her.
Also, the children must spend time with their father, who takes charge of their upbringing. It is not acceptable to leave them with their mother without knowing where they are, as if they were cattle or sheep. This marriage does not bring about its benefits or objectives.
Honorable Shaykh, people have been talking a lot about *zawaj al-musyar* (a form of marriage with limited rights). What is the ruling of the Shari'ah on this?
Answer:
*Zawaj al-musyar* is not a complete marriage; it is merely for satisfying lust. The woman is not under the husband's control or in his home. What will happen to her children? Will they stay with her or with their father? The husband does not control his wife, does not prevent her from going out, does not monitor her, and does not have authority over her. Therefore, it is a defective marriage in several respects. Yes.
So, it does not achieve the objectives of marriage except for one thing, which is satisfying lust. And that is not sufficient. Marriage is not just for satisfying lust. It is about having authority over the woman and about monitoring her so that she does not fall into moral corruption or so that one of the wicked does not take advantage of her. The woman must be in the care of the man, under his watch, in his home, meaning she does not leave his home except with his authority over her.
Also, the children must spend time with their father, who takes charge of their upbringing. It is not acceptable to leave them with their mother without knowing where they are, as if they were cattle or sheep. This marriage does not bring about its benefits or objectives.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تتمة باب عشرة النساء — islamhouse.com (1:14:56)
The Arabic text is a machine transcription of the audio recording.
