Saudis turn to ‘Misyar’ marriage to beat inflation - muta?

[ChotooMotoo]

thejellymill said

misyar isn't temporary marriage. some just abuse it to be temporary when in fact it's not meant to be.

What the heck is it then, and how is it different from a normal nikkah to the extent that it gets a special name?

[Ibn Abu Ibrahim]

ChotooMotoo said

What the heck is it then, and how is it different from a normal nikkah to the extent that it gets a special name?

In a misyar marriage there's an understanding that the marriage will come to an end eventually - but not necessarily so, as the couple could change their minds. In a Mut'ah marriage, there is a specified time during which the marriage ends.

The first is technically valid, because there's the possibility for the marriage to continue, whereas the second is un-Islamic because it requires the marriage to end at a specific time.

Also, usually, in a misyar marriage the woman agrees that the man is not financially responsible for her. That again is 'technically' ok because either spouse can always forgo their rights if they want to - however doing so constantly throughout the marriage seems antithetical to marriage, but it still fulfills the technical requirements.

[thejellymill]

the woman gives up her right to financial support or housing etc from the husband, it's basically to fulfill the "need" for sex. but in some cases like the one in the article, they might end up becoming a "real married couple."

there are many situations one could come up with to justify misyaar but i think it just defeats the whole idea of marriage. whatever happened to raising kids together? growing old together? sharing the ups and downs? it's basically just there so someone can fulfill their lust with no strings attached.

[TrentReznor858]

Ibn Abu Ibrahim said

In a misyar marriage there's an understanding that the marriage will come to an end eventually - but not necessarily so, as the couple could change their minds. In a Mut'ah marriage, there is a specified time during which the marriage ends.

The first is technically valid, because there's the possibility for the marriage to continue, whereas the second is un-Islamic because it requires the marriage to end at a specific time.

Also, usually, in a misyar marriage the woman agrees that the man is not financially responsible for her. That again is 'technically' ok because either spouse can always forgo their rights if they want to - however doing so constantly throughout the marriage seems antithetical to marriage, but it still fulfills the technical requirements.

A participating member I see

[Ibn Abu Ibrahim]

TrentReznor858 said

A participating member I see

I'm leaving for hajj in a couple of days. I'm gonna make dua' for you bro

[Timbit]

Ibn Abu Ibrahim said

In a misyar marriage there's an understanding that the marriage will come to an end eventually - but not necessarily so, as the couple could change their minds. In a Mut'ah marriage, there is a specified time during which the marriage ends.

The first is technically valid, because there's the possibility for the marriage to continue, whereas the second is un-Islamic because it requires the marriage to end at a specific time.

Also, usually, in a misyar marriage the woman agrees that the man is not financially responsible for her. That again is 'technically' ok because either spouse can always forgo their rights if they want to - however doing so constantly throughout the marriage seems antithetical to marriage, but it still fulfills the technical requirements.

There's a possibility for a mutah marriage to continue too...

[thejellymill]

Timbit said

There's a possibility for a mutah marriage to continue too...

perhaps.

but the entire point of mutah is temporary marriage. even if they do end up staying together, the intention in the beginning is for it to be temporary and that's what makes it haraam: niyyah/intention.

[Timbit]

thejellymill said

perhaps.

but the entire point of mutah is temporary marriage. even if they do end up staying together, the intention in the beginning is for it to be temporary and that's what makes it haraam: niyyah/intention.

I know people who want to be married permanently, but can't right now, so they just keep signing a mutah contract again and again.

EDIT: Ibrahim, really? Congrats InshaAllah.
Du'as for a safe trip and please remember us all in your du'as.

[Ibn Abu Ibrahim]

Timbit said

There's a possibility for a mutah marriage to continue too...

No there isn't. There's a possibility they'll make a new contract after the initial one expires, but the initial one expires at the specified time no matter what.

[Timbit]

Ibn Abu Ibrahim said

No there isn't. There's a possibility they'll make a new contract after the initial one expires, but the initial one expires at the specified time no matter what.

They can make a new contract a couple days before the current one expires, no?
And see my edit. I read your response to Trent, but it didn't hit me till... now.

[Ibn Abu Ibrahim]

Timbit said

They can make a new contract a couple days before the current one expires, no?
And see my edit. I read your response to Trent, but it didn't hit me till... now.

In that case, the new contract would be valid but the old one (and the time they spent in the old one) was invalid. So long as there's a specified expiry date to the contract then it's invalid.

And sure insha'allah, I'll remember you in my dua's If there's something specific you want me to make dua' for, PM me right now (I'm putting my dua' list together...).

[thejellymill]

i thought in mainstream sunni islam mutah is prohibited altogether? so wouldnt any concept of an "expiration date" be invalid anyway because the "marriage" wasn't valid to begin with?

[LEGALEAGLE]

thejellymill said

perhaps.

but the entire point of mutah is temporary marriage. even if they do end up staying together, the intention in the beginning is for it to be temporary and that's what makes it haraam: niyyah/intention.

Exactly.

A contract for sexual services (Muta) has an expiry date which is fixed in advance.

No such rule applies to Misyar or to any Islamic marriage.

The Ayatollahs advise their followers to look for women who are notorious for their sexual abilities when seeking someone. That alone tells you everything about Muta contracts.

Some shi'ites who buy sexual services and some alleged sunni's who consider it try to confuse the issue but the fact remains that all forms of marriage including Christian ones are premised on the idea that you enter into it on the basis that 'till death do you part'

thejellymill said

i thought in mainstream sunni islam mutah is prohibited altogether? so wouldnt any concept of an "expiration date" be invalid anyway because the "marriage" wasn't valid to begin with?

It is,

[LEGALEAGLE]

Ibn Abu Ibrahim said

In that case, the new contract would be valid but the old one (and the time they spent in the old one) was invalid. So long as there's a specified expiry date to the contract then it's invalid.

And sure insha'allah, I'll remember you in my dua's If there's something specific you want me to make dua' for, PM me right now (I'm putting my dua' list together...).

Sorry didn't see your response till now...when did you become such an expert on contract law ?..

Please do dua for me as well.

May allah swt reward you

[Rida]

Isn't there a rule that one can't remarry someone right after divorcing them?

was-Salaam