Some questions about the Misyaar marriage

14-11-2011 | IslamWeb

Question:

Please explain in quraan it is clearly mention marry two or three or four if you justice otherwise one is sufficient for you so in Zawaj al-Misyar the lady is not getting equal rights with the normal wife so how can it be legalized ! is it not violation of Allah direction? Please tell me after divorce in Zawaj al-Misyar (Iddat) time period for getting marriage with other person of a girl is mandatory or not if mandatory then what is the time period. Please explain the right way of divorce as normal marriage some conditions are there. For divorce to wife the same are implemented in this Zawaj al-Misyar also or waved of mean any time man can divorce to her wife during unclean time or ?
Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ) is His slave and Messenger.

We have already clarified to you in Fataawa 120621 and 82104 what the valid Misyaar marriage is and that it is an Islamic marriage that fulfills the conditions of a valid marriage with the exception that one of the spouses deliberately and willingly renounces some of his/her rights due to a preponderant benefit for him/her. So, how can a person be wronged when he/she deliberately renounces some of his/her rights for his/her own benefit?

Indeed, Misyaar marriage is like other Islamic marriage; if the wife is divorced, her divorce takes effect and she is obliged to observe a waiting period which is like the waiting period of any other divorced woman. For more benefit on the waiting period of a divorced woman, please refer to Fatwa 83672. So, she is not permitted to remarry until the expiry of her waiting period from that marriage.

Also, the conditions of divorce in a Misyaar marriage are the same as the conditions of divorce in other Islamic marriage, among which is that the divorce should be according to the Sunnah. For more benefit on the Sunni divorce, please refer to Fatwa 85415.

Allaah Knows best.

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