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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Misar Marriage

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Question:
We say: Honorable Shaykh, may Allah grant you success. It is mentioned regarding Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) that a marriage with public announcement is valid, even if there are not two witnesses. As for concealment with witnesses, that is a matter for consideration. Does that mean the validity of the known "musyar" marriage today?

Answer:
The musyar marriage has witnesses and procedures in the marriage contract, except for its writing and documentation; it may not be documented for the sake of secrecy. It is also a matter for consideration. This musyar marriage is a matter for consideration because it is secret and hidden, and the benefits of marriage do not result from it, except for satisfying desire only. This is a matter for consideration, and it is not befitting for a Muslim to commit it or to deal with it. Rather, he should be open and clear, and not fear the blame of any blamer in Allah. He should marry in an open and clear marriage, and his wife should be in his possession, with him in his home, not under the guardianship of another or under her own guardianship, and his children should not be left with an unknown fate or upbringing. This contains great harms. The musyar marriage contains great harms.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/116 شرح زاد المستقنع/ صالح الفوزان — youtube.com (40:02)

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

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