Vol.
No.
, p 271-281 DOI: 10.
47498/maqasidi.
ISSN: p-2798-981X, e-2798-9801 Misyar Marriage: A Comparative Legal Analysis of Yusuf al-Qaradawi and AoAbd al-AoAziz ibn AoAbd Allah ibn BazAos Thought Muhammad Yaumil Awal1.
Sarman Rahman2 1,2Institut Agama Islam Negeri Parepare.
Indonesia Correspondence Email: awalharn@gmail.
Abstract This study examines the opinions of several contemporary scholars regarding the practice of misyar marriage, which represents a relatively new issue within the discourse of Islamic law.
Fundamentally, marriage is a sacred bond established between a husband and wife through the fulfillment of mutual rights and obligations as a marital partnership.
This research employs a library-based research method, collecting data in the form of scholarly opinions on the practice of misyar marriage.
The data sources are derived from various books and academic journals related to the Misyar marriage.
The findings of this study suggest that the issue of misyar marriage presents a contemporary legal challenge among modern scholars, as it is not explicitly addressed in the works of classical jurists.
This condition has prompted scholars of the mutaakhkhirn period to conduct extensive analyses to address issues related to the practice of misyar marriage.
Following an examination of these scholarly analyses, the author finds a fundamental divergence of opinion regarding the legal validity of misyar marriage.
Among these views.
Yusuf al-Qaradawi permits misyar marriage unconditionally, whereas Abd al-Aziz ibn Abd Allah ibn Baz permits it subject to certain conditions.
Keywords: Misyar Marriage.
Islamic Marriage Law.
Contemporary Ulama Perspectives.
Introduction Marriage .
in Islamic law is fundamentally conceived as a sacred contract .
qd sha.
aimed at realizing tranquility .
, affection .
, and mercy .
, while at the same time safeguarding moral order and social stability.
Classical Islamic jurisprudence .
establishes marriage not merely as a private agreement between two individuals but as a legal and ethical institution that carries rights, obligations, and broader social consequences.
However, contemporary social transformationsAisuch as economic pressures, changing gender roles, migration, and evolving patterns of family lifeAihave generated new marital practices that challenge conventional juristic frameworks.
One such phenomenon is misyAr marriage.
MisyAr marriage refers to a form of marital contract in which the essential pillars .
and conditions .
of marriage are fulfilled, yet one or both spousesAi typically the wifeAivoluntarily waive certain marital rights, such as financial https://ejournal.
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or cohabitation.
Although formally valid according to some jurists, misyAr marriage has sparked intense debate among contemporary Islamic legal scholars due to its perceived tension with the ethical objectives .
aqAi.
of marriage and its potential social implications.
Critics argue that it undermines the moral and social dimensions of marriage, while proponents view it as a pragmatic legal solution to specific social needs within the bounds of Islamic law (Soenarto & Zainuri, 2.
Among the most influential contemporary scholars who have articulated contrasting legal positions on misyAr marriage are Yusuf al-Qaradawi and Abd alAziz ibn Abd Allah ibn Baz.
Al-Qaradawi, known for his moderate and contextualist approach to Islamic jurisprudence, tends to emphasize legal flexibility .
and public interest .
in responding to modern social realities.
In contrast.
Ibn Baz, a prominent Saudi scholar and former Grand Mufti of Saudi Arabia, represents a more textualist and precautionary orientation, prioritizing strict adherence to classical legal norms and the prevention of potential harm .
add al-dharA.
Marriage in Islam is a ritual imbued with sacred value, as for its adherents marriage is regarded as an act of worship .
bAda.
It is not merely a ceremonial bond uniting a man and a woman.
rather, within the Islamic worldview, marriage is an institution aimed at realizing tranquility .
, affection .
, and mercy .
between the spouses.
The QurAoan explicitly affirms this purpose, as Allah the Exalted declares:
AaOa e aaoa ae a eI aa an a au ac e a ai a au e eaaO Ua caoa e auaAe uaaeA aa aO a aU a cAaeAa au aU aOa eaiU o ua I aA a s Ao aA An caao esI AaoaA ai uaO aIA a a a Meaning: AuAnd among His signs is that He created for you spouses from among yourselves so that you may find tranquility in them, and He placed between you affection and mercy.
Indeed, in that are signs for a people who give thought.
Ay (QurAoan, al-Rm 30:.
The encouragement to marry is not confined to QurAoanic verses alone.
Numerous prophetic traditions .
uAdt.
record that the Prophet Muhammad .
eace be upon hi.
urged his community to enter into marriage, emphasizing that marriage entails manifold benefits and serves significant religious and social interests .
aAli.
In one such tradition, the Prophet Muhammad .
eace be upon hi.
a A Aaua a a A.
A a oaa ae au aea a a eAoAOAU a a A eU a aA .
AA a ae ai eaA e A aOA.
AA aA a a a aA eA e a a a a a a e a a a a a a AO aC o a aUa a a A (A)oA ai Un aUae aA e a e ae a e e aa a .
UAA eI .
Aauaa aa aO a Meaning: AuO young people, whoever among you is able to afford marriage, let him marry, for marriage lowers the gaze and guards chastity.
And whoever is unable, let him fast, for fasting serves as a restraint.
Ay (Agreed upon.
Muttafaq Alay.
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2 December 2025 Within the framework of Islamic law, a marriage contract must fulfill specific pillars and conditions, namely the presence of a prospective groom and bride, a legal guardian .
for the bride, two witnesses who meet the criterion of moral integrity .
dAla.
, and the formal exchange of offer and acceptance .
Ab and qab.
When these legal requirements are satisfied, the marriage contract is deemed valid under Islamic law (Rusdaya, 2.
Beyond its formal legality, marriage is also governed by fundamental principles that function as moral commitments between the prospective spouses, including mutual consent and approval .
isA), the intention to establish a permanent marital bond, and the husbandAos responsibility as the head of the household to provide care and support for his family.
In marital practice, the husband is expected to be present for his wife both physically and emotionally.
It is widely acknowledged that following marriage, women often rely on their husbands to fulfill various needs, including economic, social, and biological needs.
However, as social conditions continue to evolve, many men are engaged in occupations that require prolonged physical separation from their At the same time, it has become increasingly common in contemporary society to find women who have reached a socially appropriate age for marriage yet remain unmarried due to various factors.
These circumstances have contributed to the emergence of a new form of marital practice commonly referred to as misyAr marriage.
This article aims to conduct a comparative analytical study of the legal reasoning employed by Yusuf al-Qaradawi and Ibn Baz regarding misyAr marriage.
examining their respective methodological frameworks, legal arguments, and underlying assumptions about the objectives of marriage in Islam, this study seeks to highlight how divergent juristic approaches can lead to different legal conclusions on the same issue.
Furthermore, the article explores the broader implications of these differing perspectives for contemporary Islamic family law discourse and the ongoing negotiation between legal formalism and ethical substance in modern Muslim Research Methods This study employs a qualitative library-based research design, which involves the collection, examination, and critical analysis of scholarly sources relevant to the subject under investigation.
The primary materials consist of classical and contemporary works of Islamic jurisprudence .
, legal opinions .
atAwA), and authoritative writings of Yusuf al-Qaradawi and Abd al-Aziz ibn Abd Allah ibn Baz concerning misyAr marriage.
These primary sources are complemented by secondary materials, including academic journal articles, books, and previous studies that address Islamic family law, contemporary marriage practices, and comparative legal In addition, this research adopts a comparative analytical approach to identify and examine the similarities and differences in the legal reasoning of the two scholars.
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2 December 2025 This approach is grounded in a structured analytical framework that focuses on their respective methodological orientations, sources of legal authority, interpretive principles, and underlying assumptions regarding the objectives .
aqAi.
of marriage in Islam.
Through systematic comparison, the study seeks to reveal how distinct juristic methodologies can produce divergent legal conclusions on the same legal To ensure analytical rigor, the data are analyzed using content analysis and normative legal analysis.
Relevant texts are examined to extract key legal arguments, evidentiary bases, and normative principles employed by each scholar.
The findings are then interpreted within the broader discourse of contemporary Islamic family law, allowing for a critical assessment of the implications of these differing perspectives for modern Muslim societies.
This methodological framework enables the study to contribute to a deeper understanding of the dynamic interaction between legal tradition and contemporary social realities in Islamic jurisprudence.
Result and Discussion The Concept of MisyAr Marriage and Its Differences from Other Forms of Marriage The term misyAr marriage is derived from two Arabic words: nikAu and misyAr.
The word nikAu is the verbal noun .
of the past tense verb nakaha (A)uA, which means marriage or to marry.
Al-FarrA explains that when Arabs use the expression nakaha al-marah, it refers to engaging in sexual intercourse (Nur et al.
, 2.
Meanwhile, misyAr is a noun derived from the verb sAra (A)A, which means to travel or Terminologically, according to Yusuf al-Qaradawi, misyAr marriage refers to a legally valid .
marriage that differs from conventional marriage in that certain marital rights of the wife are not fulfilled, such as the right to financial maintenance and residence, despite the existence of a marital relationship.
This form of marriage commonly occurs in the context of polygamous relationships (Yusuf, 2.
Umar bin Sud al-Ayid defines misyAr marriage as a marriage in which some of the womanAos rights are waived, particularly those related to residence and financial maintenance (Nugroho, 2.
Yusuf al-Qaradawi explains that in the past, women who entered into misyAr marriages often lived on inheritance from their husbands or parents and did not possess a stable source of income.
Having been widowed for some time and having children, they required a male figure to protect and lead their families.
On the other hand, many women involved in misyAr marriages in contemporary contexts are economically independent and successful, such as doctors, educators with fixed incomes, business owners, or wealthy widows whose husbands have passed away and who live alone or as single mothers.
These women may be willing to remarry without demanding material rights from their husbands (Kasim, 2.
MisyAr marriage is also influenced by specific social circumstances, such as traditions of long-term travel and the status of widows who have children and a home.
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2 December 2025 In such arrangements, the husband typically visits his wife once a week for one or two days, regardless of whether the residence belonged to her deceased husband or is her own property.
Furthermore, the husband does not provide material support such as financial maintenance or housing.
One notable phenomenon of the twentieth century is the increasing number of women who seek men willing to marry them without assuming responsibility for their living expenses (Hilal, 2.
A significant similarity between misyAr marriage and mutah marriage is the absence of financial maintenance provided by the husband to the wife.
However, unlike mutah marriage, misyAr marriage involves a formal offer and acceptance .
Ab and qab.
, the presence of a legal guardian .
and witnesses, no predetermined time limit, and the marital bond is terminated only through divorce.
Moreover, spouses in misyAr marriage retain mutual inheritance rights.
In contrast, tourism marriage .
ikAu siyA.
differs substantially from misyAr marriage.
Tourism marriage is temporary in nature, similar to mutah marriage, meaning that once the man leaves the place he has visited, the marital relationship automatically ends.
In misyAr marriage, the guardian is either a lineage guardian .
al nasa.
or a legally recognized guardian .
al ad.
, whereas in tourism marriage the identity of the guardian is often unclear, thereby violating one of the essential pillars of marriage.
Despite differing contemporary scholarly opinions regarding the legal status of misyAr marriageAisome declaring it unlawful .
and others adopting a position of tawaqquf .
uspension of judgmen.
Aithese disagreements primarily stem from divergent criteria for determining the validity of marriage.
Scholarly debates largely focus on the rights and obligations of spouses following marriage.
Some scholars argue that misyAr marriage is legally valid because it fulfills the essential pillars and conditions of marriage.
Among them is Shaykh Irfan bin Salim al-Dimashqi, who maintains that misyAr marriage is valid under Islamic law, with an agreed-upon dowry .
, although two fundamental elements are absent: the husbandAos obligation to provide financial maintenance and housing for the wife .
l-Dimashqi, 2.
Nevertheless, other scholars prohibit this form of marriage on the grounds that it fails to fulfill the rights and obligations established within the general legal concept of marriage.
Moreover, a marriage based solely on sexual or biological desire is viewed as inconsistent with the Islamic objective of forming a family characterized by sakinah, mawaddah, and raumah, and is considered detrimental to women.
This position is articulated by Nashiruddin al-Albani.
Essentially, misyAr marriage is a contemporary term.
Some scholars argue that similar marital practices have existed for decades.
Ibn Qudamah, in his work alMughn, refers to what he describes as Aumarriage for several nights and days,Ay which closely resembles misyAr marriage.
In such arrangements, a man marries a woman under specific conditions, such as visiting her only once a week, limiting the amount https://ejournal.
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Analysis of Yusuf al-QaradawiAos Thought on MisyAr Marriage Yusuf al-Qaradawi argues that misyAr marriage is a relatively new term within the discourse of Islamic jurisprudence, practiced primarily in the Arabian Peninsula, and not explicitly found within the framework of classical fiqh.
According to him, misyAr marriage constitutes a legal concession that allows the husband not to provide financial maintenance as part of his marital obligations, based on the wifeAos voluntary consent, as she seeks the presence of a man who can protect her, provide companionship, and fulfill her biological needs.
In his view.
Yusuf al-Qaradawi permits misyAr marriage because it fulfills the essential pillars and conditions of marriage.
He maintains that a jurist does not have the authority to invalidate a misyAr marriage contract so long as its pillars and conditions are properly fulfilled (Saefullah & Hanafiah, 2.
From the perspective of maqAid al-sharah, he argues that misyAr marriage is highly relevant to the protection of religion .
ife al-d.
at the level of sarriyyAt, as well as the protection of lineage .
ife al-nas.
at the same level, since the legal requirements of marriage are satisfied.
Moreover, this type of marriage typically occurs under circumstances of necessity, such as the need to safeguard personal honor and chastity while being separated by distance due to certain unavoidable conditions that prevent the establishment of a conventional marriage.
In such cases, maqAid al-sharah views misyAr marriage as serving the objective of preserving religion .
ife al-d.
at the level of uAjiyyAt.
Nevertheless.
Yusuf al-Qaradawi emphasizes that misyAr marriage does not represent the ideal form of marriage.
However, this does not mean that it is entirely devoid of the core objectives of marriage.
Rather, both parties mutually consent to and accept the absence of certain marital rights, particularly those owed by the husband to the wife.
On this basis, he contends that maqAid al-sharah remains relevant to the protection of life and human dignity .
ife al-naf.
at the level of sarriyyAt, namely the preservation of honorAiespecially the honor of womenAiwhich, in his view, can only be properly safeguarded through marriage (Halilurrahman & Supeno, 2.
According to Yusuf al-Qaradawi, misyAr marriage may serve as a solution for women who are unmarried or who have passed the socially appropriate age for marriage, provided that they choose a man of good moral character and that both parties willingly agree.
Therefore, he argues that people should not obstruct a path that has been permitted by Islamic law.
Nonetheless, he explicitly states that he is neither fond of nor an advocate of misyAr marriage (Qaradawi, 2.
Yusuf al-Qaradawi classifies the legal ruling of misyAr marriage as mubAu .
but tending toward makrh .
He stresses that he has never called for or promoted misyAr marriage and does not approve of it as a preferred https://ejournal.
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He further asserts that he has never written in defense of misyAr marriage nor delivered sermons advocating it.
According to Yusuf al-Qaradawi, this type of marriage is not encouraged by Islam.
however, he cautions against ignoring the significant developments and complexities of human life in contemporary society (Halilurrahman & Luwihta, 2.
As an illustration, he refers to professions such as seafaring, in which men frequently travel to different countries for extended periods while their wives remain at home.
During such prolonged absences, men may seek to fulfill their biological needs by marrying women in the places they visit.
In these situations, the women involved are often willing to enter into such marriages despite being aware that their husbands will not reside with them permanently and may not return for a long time.
Yusuf al-Qaradawi considers this type of marriage to be legally unobjectionable.
also challenges scholars who argue that misyAr marriage serves merely to satisfy biological desires and degrades the dignity of women, stating: AuIt should be said that seeking pleasure and satisfaction within marriage is not a vile or contemptible objective, as some have portrayed it.
Ay According to Yusuf al-Qaradawi, the pursuit of enjoyment within marriage is a legitimate objective shared by both men and women (Saefullah & Hanafiah, 2.
With regard to textual evidence.
Yusuf al-Qaradawi refers to a prophetic tradition concerning Saudah bint Zamah, one of the wives of the Prophet Muhammad .
eace be upon hi.
, who relinquished her turn to spend the night with the Prophet in favor of Aishah bint Ab Bakr, as narrated by Imam al-Bukhari:
A I cn Ui On a UaUi OuaI U Oua aI A: AU UaUiA a A U O A eo a aUaUa aia cA Aa Oa aI a ea aA a a a aa Meaning: AuIt is narrated from Aishah that Saudah bint Zamah relinquished her allotted turn to Aishah, and the Prophet .
eace be upon hi.
thereafter allocated to Aishah her own turn in addition to the turn that had belonged to Saudah.
Ay From the above evidence, it can be understood that the voluntary waiver of certain marital rights by a wife does not, in any way, affect the legal validity of a Safeguarding oneself from reprehensible conduct is a commendable and noble act that is consistent with Islamic teachings.
The mutual need between men and women is part of human nature .
Human beings are not angels devoid of desire.
rather, they are creatures created by God in perfection, one aspect of which is the existence of sexual desire.
Nevertheless, such a desire must be channeled through means prescribed by Islam.
MisyAr marriage is considered valid and legally binding when it adheres to the standards and principles of conventional marriage.
Although providing financial maintenance to the wife is fundamentally an obligation of the husband, this obligation may be waived if the wife willingly relinquishes it.
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Although this form of marriage may be permissible under Islamic law, it is argued that moral considerations .
also play a significant role in marriage, and that misyAr marriage lacks moral propriety.
According to the anaf school of law, deviation from ethical conduct or good moral character is tantamount to straying from the path of the Prophet Muhammad .
eace be upon hi.
and falling into reprehensible .
or even morally blameworthy behavior.
MisyAr marriage is considered permissible insofar as it reflects the circumstances of some of the ProphetAos wives who, in order to accommodate his marriage to Aishah .
ay Allah be pleased with he.
, voluntarily relinquished certain aspects of their marital rights, particularly those related to conjugal companionship.
is further clarified that while such a marriage may be legally valid, it should only be conducted under stricter and more regulated guidelines.
Ultimately, emphasis is placed on adhering to the objectives of marriage as articulated in QurAoan.
Srat al-Rm .
, namely the pursuit of tranquility .
, affection .
, and mercy .
within marital life.
While the waiver of the husbandAos obligations may be legally permissible, the importance of moral guidelines and regulatory frameworksAisuch as those outlined in the Indonesian Compilation of Islamic Law (Kompilasi Hukum Islam.
KHI)Aiis emphasized in order to legitimize or regulate misyAr marriage.
Such regulation is deemed necessary to prevent the practice from becoming unlawful or socially unacceptable within Indonesian society.
Analysis of the Thought of Abd al-Azz ibn Abd AllAh ibn BAz on MisyAr Marriage Abd al-Azz ibn Abd AllAh ibn BAz permits misyAr marriage under specific legal conditions.
When he was asked about the ruling on misyAr marriageAi particularly in cases commonly associated with polygamous practices, where the wife resides with her parents while the husband visits intermittentlyAihe responded that there is no objection to such a marriage provided that the contract fulfills the requirements prescribed by Islamic law.
These requirements include the presence of a legal guardian .
, the mutual consent of both spouses, the testimony of two morally upright witnesses .
, and the absence of any legal impediments to marriage on the part of the woman.
Ibn BAz bases this permissibility on the general meaning of the ProphetAos statement: AuIndeed, the conditions most deserving of fulfillment are those by which you make lawful sexual relations .
hrough marriag.
,Ay as well as another prophetic tradition stating: AuMuslims are bound by the conditions they agree upon.
Ay Accordingly, he maintains that there is no harm if the spouses agree that the wife may https://ejournal.
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2 December 2025 reside with her parents during the day rather than at night, or on specific days or nights, so long as the marriage is not conducted in secrecy and is publicly announced.
According to Ibn BAz, agreements reached between spousesAisuch as the wife remaining in her parentsAo home or limiting cohabitation to certain timesAido not invalidate the marriage contract, as long as the essential pillars and conditions of marriage are fulfilled.
In this regard, misyAr marriage remains legally valid, provided that it is publicly acknowledged and does not violate the fundamental principles of Islamic marriage.
The emphasis on public declaration reflects Ibn BAzAos insistence on distinguishing lawful marriage from illicit relationships.
However.
Ibn BAz later expressed strong caution after observing widespread abuses associated with the practice of misyAr marriage.
He noted that some individuals had exceeded proper limits by following their desires, leading to serious deviations such as the emergence of brokers who charged fees to arrange such marriages, the involvement of illegitimate or false guardians, and the performance of marriage contracts in secrecy.
In response to these developments.
Ibn BAz stated on one occasion that it is obligatory for every Muslim to enter into marriage in a manner that fully conforms to Islamic law, emphasizing that one of the essential conditions of a lawful marriage is its public announcement.
He further asserted that a marriage conducted secretly by both parties is invalid, as it closely resembles the act of adultery (Faisal.
From a methodological perspective.
Ibn BAzAos position reflects a predominantly textualist and precautionary approach .
utiyA), which prioritizes strict adherence to explicit legal requirements and the prevention of moral and social harm .
add aldharA.
While he does not categorically prohibit misyAr marriage in principle, his concerns about its practical implementation demonstrate a strong emphasis on protecting the moral objectives of marriage and safeguarding society from abuse and Thus, unlike Yusuf al-QaradawiAiwho approaches misyAr marriage through a contextual and maqAid-oriented lensAi Ibn BAzAos legal reasoning places greater weight on formal legality, public accountability, and the avoidance of practices that may blur the distinction between lawful marriage and prohibited relationships.
This difference highlights a broader juristic divergence between adaptive legal flexibility and preventive legal conservatism within contemporary Islamic legal thought.
Conclusion This study demonstrates that both Yusuf al-Qaradawi and Abd al-Aziz ibn Abd Allah ibn Baz generally permit misyAr marriage, albeit with differing legal Al-Qaradawi considers misyAr marriage legally valid but inclines toward viewing it as makrh, suggesting that it should be avoided when a conventional form of marriage is feasible.
In contrast.
Ibn Baz permits misyAr marriage more categorically, https://ejournal.
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The divergence between the two scholars is particularly evident in their views on the public announcement of marriage.
Al-Qaradawi maintains that official registration or minimal public acknowledgment suffices, drawing on the Maliki view that public announcement is recommended rather than obligatory.
Ibn Baz, however, regards public declaration as a fundamental requirement, emphasizing that secrecy undermines the moral and legal integrity of marriage.
Methodologically, al-Qaradawi adopts a predominantly malauah-oriented .
approach, prioritizing the prevention of illicit relationships and the protection of personal dignity, while also employing limited analogical reasoning .
, such as the precedent of Saudah bint Zamah relinquishing her marital rights.
Ibn Baz, by contrast, emphasizes legal formalism, precaution, and the prevention of moral abuse.
Despite these differences, both scholars acknowledge that misyAr marriage is not an ideal model of marriage but may function as a contextual legal solution under specific circumstances.
Bibliography