❖ The Reality of Nikāḥ Misyār and Its Ruling in Sharīʿah ❖
Question:
What is Nikāḥ Misyār, and what is its Sharʿī status? Is such a marriage permissible in Islam?
Nikāḥ Misyār is a modern form of marriage wherein:
There is disagreement among scholars regarding the permissibility of Nikāḥ Misyār:
◈ Resembles temporary marriage (mutʿah):
Though not formally declared for a set time, it is often practically limited by time, making it similar in nature to mutʿah, which is prohibited in Islam.
◈ Lack of long-term commitment:
The intention of permanence is often absent, turning the marriage into a transactional relationship rather than a sacred union.
◈ Social and ethical concerns:
This form of marriage is often misused for personal desires, especially by those avoiding responsibilities — and such exploitation is against the spirit of Islam.
◈ Unstable and disputed:
Due to its controversial nature, scholars have raised concerns about its validity, consequences, and impact on society.
Some scholars argue that cultural and regional conditions may influence the ruling:
✔ Nikāḥ Misyār is a disputed form of marriage with serious ethical and religious concerns.
✔ While some scholars allowed it with conditions, the stronger and safer opinion is that it should be avoided.
✔ Due to its resemblance to mutʿah, and its abuse in modern contexts, it falls into the category of doubtful and objectionable contracts.
Therefore, one should refrain from entering into such ambiguous marital arrangements.
Question:What is Nikāḥ Misyār, and what is its Sharʿī status? Is such a marriage permissible in Islam?
Answer by: Shaykh ʿAbd al-Wakīl Nāṣir (حفظه الله)
Definition of Nikāḥ Misyār
Nikāḥ Misyār is a modern form of marriage wherein:
- The wife waives certain marital rights, such as living together, financial maintenance (nafaqah), or overnight stays,
- While the basic conditions of nikāḥ (i.e., ijāb, qabūl, walī, and witnesses) are fulfilled.
- The husband and wife may meet occasionally, often in private arrangements, and the marriage may remain concealed from others.
Scholarly Views on Nikāḥ Misyār
There is disagreement among scholars regarding the permissibility of Nikāḥ Misyār:
Those Who Permitted (Initially):
- Shaykh Ibn Bāz (رحمه الله):
Initially permitted it, but later retracted his opinion. - Shaykh Ibn ʿUthaymīn (رحمه الله):
Adopted a position of caution (tawaqquf) — he neither fully allowed nor completely prohibited it.
Those Who Prohibited:
- Imām al-Albānī (رحمه الله):
From the outset, he declared Nikāḥ Misyār to be ḥarām, and this is considered the stronger opinion.
⚠ Problems and Objections with Nikāḥ Misyār
◈ Resembles temporary marriage (mutʿah):
Though not formally declared for a set time, it is often practically limited by time, making it similar in nature to mutʿah, which is prohibited in Islam.
◈ Lack of long-term commitment:
The intention of permanence is often absent, turning the marriage into a transactional relationship rather than a sacred union.
◈ Social and ethical concerns:
This form of marriage is often misused for personal desires, especially by those avoiding responsibilities — and such exploitation is against the spirit of Islam.
◈ Unstable and disputed:
Due to its controversial nature, scholars have raised concerns about its validity, consequences, and impact on society.
Contextual Considerations
Some scholars argue that cultural and regional conditions may influence the ruling:
- In certain Gulf countries, socioeconomic factors and marital constraints have led some to consider conditional acceptance.
- However, the general Sharʿī approach remains cautious, as Islam promotes clear, responsible, and transparent marriages.
Conclusion
✔ Nikāḥ Misyār is a disputed form of marriage with serious ethical and religious concerns.
✔ While some scholars allowed it with conditions, the stronger and safer opinion is that it should be avoided.
✔ Due to its resemblance to mutʿah, and its abuse in modern contexts, it falls into the category of doubtful and objectionable contracts.
Therefore, one should refrain from entering into such ambiguous marital arrangements.