نکاح مسیار کی شرعی حیثیت :ایک تقابلی جائزہ

THE ISLAMIC LEGAL STATUS OF NIKKAH-E-MISYAR: A COMPARATIVE STUDY

Abstract

The term ‘‘Nikah Misyar’’ translated sometimes as ‘‘marriage of convenience’’ or ‘‘Traveller’s marriage’’. It is not found in Quran or Sunna or classical works of Islamic jurisprudence because it is introduced recently by some clerics. In Sunni Islamic law, Nikah Misyar is a type of sunny Nikah that is ostensibly carried out with the objective of allowing a couple to engage in intercourse in a permissible manner. The husband and wife thus joined abandon several marital rights, such as living together, the wife’s rights to housing and maintenance money (nafaqa) and the husband’s rights to housekeeping and access. There exit so much confusion in the society about this matter, is it halal or haram? Its answer simply depends upon the conditions in this Nikah, if the conditions are according to Shariah than it is halal, and on the other way if it does not fulfil the teachings of Islam then it is haram. This paper discusses the viewpoints of various religious scholars, regarding Nikah Misyar. Some forms of this marriage have more negative effects than others, such as a man staying in another country for some work and getting married for a period of time and then ending it. This form of Nikah-e-Misyar will have more negative effects on society, whereas on the contrary, if a man or a woman living in the same country or city, due to some of their own constraints, choose this easy form of marriage and also agree to it, then this form has positive effects.