Nikahul Misyar

Question:

Contract marriage is quite common in Saudi Arabia that I have been hearing. Please correct if I'm wrong; there is no contract marriage according to Islam and it is considered as Zina. Please help with the Fiqh of marriage if there is any daleel for this from the Hadith and Quran. Answer: ﺑﺴﻢ اﷲ اﻟﺮﺣﻤﻦ اﻟﺮﺣﯿﻢ In the name of Allah, the Most Gracious, the Most Merciful

The “contract marriage” you are referring to is nikahul misyar. In such a marriage, one or both the spouses forego one or more rights, e.g. the wife foregoes the right to shelter, financial support, etc. Nevertheless, she may reclaim her rights whenever she desires. In principle, if all of the conditions of marriage are fulfilled, e.g. the two witnesses, proposal and acceptance, etc., then the nikah will be valid. However, it would be disliked to marry a woman with the intention of divorce after some time, e.g. after finishing one’s studies, because this goes against the spirit of nikah in terms of having a long-term relationship and making a family. Regarding whether the above-mentioned type of nikah is appropriate or not, every case should be analyzed individually, thus a blanket fatwa cannot be issued. Nevertheless, one should refrain from such a marriage if it entails the exploitation of the wife, or it would leave adverse effects upon her and the children. This is generally the case when a person marries merely for the sake of sexual gratification. A person should consult a pious scholar before making such a decision. In conclusion, if the marriage is temporary (nikah muaqqat), e.g. during the marriage it is mentioned that the marriage will only be for a specific period, then such a marriage is prohibited and invalid. Fiqhi Maqalat: v. 1, p. 259-261 (Memon Islamic Publishers)

Only Allah knows best

Written by Maulana Mohammad Ahsan Osmani

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham