Riyadh: Matchmakers are becoming busy by the day with the wider appeal of misyar

marriages in Saudi Arabia.There has been a 50 percent increase in misyar marriages after
the issuance of a religious edict (fatwa) giving the alliance sanctity last month by the
Islamic Fiqh Academy.

"Among the regions in the kingdom, Jeddah tops in the number of these marriages,
followed by Riyadh, Eastern Region and Qasim," said Shaikh Ahmad Al Omari, a
licensed marriage notary (mazoun) based in Jeddah.

Shaikh Ahmad Al Omari, who is also an imam and preacher at a mosque in Jeddah, said
more marriage proposals come from men than women.

Speaking to media persons, he said: "I am getting requests seeking to facilitate misyar
marriages not only from various parts of the kingdom, but also from several other GCC
countries, some Arab countries like Egypt, Jordan and Morocco and even from European
countries.

"Recently, I received a request from a 13-year-old girl asking for misyar marriage for a
mahar of Saudi 25,000 Saudi riyals (about Dh25,000) and a monthly maintenance cost of
1,000 riyals." He added: "When I made enquiries about the girl, I found out that she was
living with her mother and was in dire financial situation. For her, misyar marriage is the
only and ideal option left to get out of the situation."

Referring to protests and objections raised against this type of marriage, Shaikh Ahmad
Al Omari said misyar marriage is being held strictly in conformity with the provisions of
the Islamic marriage contracts.

"It meets all the criteria and conditions of an Islamic marriage. This type of marriage will
be valid only if the marriage is being held by the parents or close blood relatives of the
bride and with the consent of the couple," he said.

He also drew attention to the recent fatwa issued by the Jeddah-based Islamic Fiqh
Academy, an affiliate of the Organisation of the Islamic Conference (OIC).

The religious edict says that "a marriage contract in which the woman relinquishes (her
right to) housing and support money ... and accepts that the man visits her in her family
house whenever he likes, day or night ... is valid."

Shaikh Ahmad Al Omari said several university students also made requests for misyar
marriage. "They want woman who own a house and who are not seeking any cost of
maintenance. They are not bothered about the age of the would-be spouses," he said.

Shaikh Ahmad Al Omari also said several parties have withdrawn at the eleventh hour
before concluding the marriage contract.
FAST FACTS
Husband is not financially responsible

• The word Misyar is from the colloquial Arabic word for visitor.
• Misyar marriage is one where the couple does not live together and the husband is
not financially responsible for his wife.
• Misyar marriage is usually sought after by men who want to avoid the burden of
dowries and alimonies that are usually stipulated in standard Islamic marriage
contracts.

The eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

Misyar marriage should be viewed as a form of legal relationship between man and
woman regardless of any description attached to it. This is pursuant to the juristic rule:
"What matters most in contracts are motives and meaning, not the wording or structure."

Therefore, in determining the legal nature of this marriage, we should not judge things
according to names, for as we know, people feel free in naming or describing something.

Stipulating certain details in the marriage contract on both sides is acceptable. For
example, some scholars maintain that a woman has a right to determine the timing of
marriage; i.e., it can take place at day or night, however, she can also waive this right.

Therefore, based on what has been mentioned, we can state that Misyar marriage, or
something in similar form, has been in practice from time immemorial. It also serves the
purpose of some women, who, for instance, may be rich but happen to be unable to marry
at the proper time. So, such women can opt for this kind of marriage.

But I do have to make it clear that the aforementioned statement does not make me a
protagonist of Misyar marriage. In all my fatwa’s and sermons, it is not mentioned
anywhere that I give any support for such marriage.

The point is that when I was asked by a journalist to state my opinion regarding this
marriage, I found it a pressing religious duty to give a clear-cut opinion on something that
does not make unlawful what Almighty Allah has made lawful for His servants.

Therefore, if anyone seeks my opinion on this marriage, I must reply him saying: What
do you mean by Misyar marriage. Then, if I get an explanation that shows that in Misyar
marriage, all the Islamic legal requirements are met, then the marriage is valid.

Those requirements are: an offer and acceptance from both parties; a specified dowry,
according to the Qur'anic verse: [And give unto the women, (whom ye marry) free gift
of their marriage portions] (An-Nisaa' 4: 4), and that the contract wins the consent of
the guardian. Thereby, no one has the right to brandish it as unlawful.
There is no doubt that such marriage may be somehow socially unacceptable, but there is
a big difference between what is Islamically valid and what is socially acceptable. As we
know, people can be cynical about the idea of an employee marrying his employer. But
who can deny the validity of such a marriage if it meets all the legal requirements?

This issue, therefore, needs a cautious approach. One should not feel free to condemn an
act as absolutely forbidden, merely on social repugnance. Rather, one needs to have
convincing evidence to determine the legal nature of each particular act.

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