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EGYPTIAN MARRIAGE

Introduction

Basically, Allah SWT made humans live in pairs through marriage. Furthermore, it is an act of worship that is recommended in Islam. This is based on the words of Allah SWT:

And among His signs is that He created for you mates from among yourselves, that you may find tranquility in them, and He has put love and mercy between your hearts. Indeed in that are signs for a people who give thought.

Meaning: And among His signs is that He created for you (men) wives from among yourselves, that you may find comfort in them, and He has put between you affection and mercy. Verily, in that are signs for those who reflect. (ar-Rum: 21)

In addition, marriage is the Sunnah of the Prophet Muhammad (PBUH) and there is encouragement to complete it as in the hadith narrated by Anas bin Malik RA that the Prophet Muhammad (PBUH) said:

Whoever marries has completed half of his faith, so let him fear Allah regarding the remaining half.

Meaning: Whoever gets married, then indeed he has tried to perfect part of his religion, so let him fear Allah in the remaining part. (HR: Tabarani)

Therefore, a servant is encouraged to get married because it is a complement to religion and also nature in creating a family institution in order to achieve the pleasure of Allah SWT. However, recently there has been a concept of marriage that is rarely known in general but it seems to have begun to become a practice for some people, namely misyar marriage . Therefore, this article will comment a little on the law of misyar marriage .

Definition of Misyar Marriage and its Concept

Misyar marriage is a form of marriage that has been gaining more attention lately. The term “misyar” comes from the Arabic word (Ø§Ù„Ø³ÙŠØ±) which means journey or path. In Lisan al-Arabi , Ibn Manzur states that the word (Ø§Ù„Ø³ÙŠØ±) means a person walking when he goes to a place.

Misyar marriage refers to a marriage that meets all the conditions and pillars of marriage in Islam, such as having a guardian, witnesses, consent and acceptance, and dowry like a normal marriage. However, the difference is that it is carried out in a situation where one of the partners, usually the wife, gives up certain rights such as the right to live together, maintenance, or turns to spend the night.

Generally, misyar marriage is done with the aim of fulfilling the needs of individuals who want a legal relationship from a religious perspective but at the same time are not ready to fulfill the responsibilities of marriage in full, especially in terms of providing sustenance such as housing, finances, etc. For example, a man who is too busy with his career may not be able to live with his wife every day, or a woman who already has a stable career does not need sustenance from her husband. Therefore, they consider this kind of marriage as a complete solution in fulfilling their wishes.

Factors that cause Nikah Misyar to occur

The main factor in the existence of misyar marriages today is that there is an interest for some individuals to secretly marry a second wife without the knowledge of the first wife. In fact, there are some women who want to become second wives and are willing to sacrifice certain rights such as housing, maintenance, or the turn to spend the night in order to marry a man who is already married. However, this situation often causes dissatisfaction after some time, because they feel like they are in an unfair position.

Misyar Marriage Law

Misyar marriage is legal from a legal perspective if all its pillars and conditions are met. However, this type of marriage is not recommended because it involves neglecting the marital rights between husband and wife even if there is agreement from both parties to give up certain rights. Although the wife is willing to give up some of her rights such as maintenance and so on, it does not negate the role of a husband to continue to provide maintenance to his wife and family and pay attention to them because it is an obligation that must be fulfilled. (Mushaddad Hasbullah et. al, Misyar Marriage: A Study from a Syariah Perspective , Malaysian Journal of Shariah and Law, Vol. 8, No. 2, December 2018)

The true purpose of marriage is to build a family based on Islamic teachings, produce a righteous and quality generation, and maintain self-respect and strive to increase piety to Allah SWT. In addition, the marital relationship is not just a physical relationship to fulfill sexual desires alone. On the contrary, it must be based on the harmony of thoughts, souls, and feelings between the spouses, and the household life that is built must be managed together with full responsibility. Indeed, Islam elevates the role of a husband to behave well and be responsible towards his spouse and family members. This is because there are hadiths that advocate such behavior, such as the hadith narrated by Ibn Abbas RA that the Messenger of Allah SAW said:

The best of you is the best to his family, and I am the best of you to my family.

Meaning: The best of you are the best to his family members and I am the best in treating my family members. [Narrated by Ibn Majah]

Therefore, by allowing men to abdicate certain responsibilities, misyar marriage may provide room for injustice and abuse in marriage.

Negative Impact of Misyar Marriage on Family Social Life

Misyar marriage can cause weaknesses in family institutions and society. Marriage in Islam is not only intended to meet the physical and emotional needs of the couple, but its main purpose is to establish a strong family institution, where children receive protection, education, and guidance. In contrast to the situation of misyar marriage which does not implement the concept of the purpose of marriage which needs to be well maintained.

Psychologically, misyar marriage can also have negative effects on the wife, especially if the husband does not fulfill his promises or if the wife feels emotionally neglected. Although the wife may voluntarily give up her rights at the beginning of the marriage, this situation can change over time as she begins to feel the need for deeper attention and commitment from her husband.

In addition, children born through misyar marriage may experience difficulty in getting full attention and love from one of the parents, especially if the husband does not live at home or is not actively involved in the child's daily life. When the husband is not actively involved in the children's lives, it can lead to a lack of guidance and attention from emotional, moral, and religious aspects. In fact, the effects may also affect the child's psychological and social development.

Not to be outdone, this type of marriage has the potential to benefit one party, especially the husband, because there are individuals who may use the concept of misyar marriage as an excuse to avoid responsibility or misuse it for personal gain such as profiting from the wife's property, etc. This also includes ignoring the wife's rights or avoiding providing maintenance that should be given in full and responsibly.

Conclusion

Misyar marriage is a concept of marriage that abolishes the rights of the couple through mutual agreement between the husband and wife. Although this marriage is legal in terms of syara'ah, it is not recommended because this marriage has the potential to cause various problems that can threaten the harmony of the household. This is because, misyar marriage can weaken the principles of Islamic marriage which prioritizes close family relationships, protection of women's rights, and justice in the household institution.

Date of Input: 20/01/2025 | Updated: 20/01/2025 | asmunir

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