Misyar: An Islamic View Point

Abstract

The position of Islam regarding the rights and privileges of women in society has often been met with fierce criticism, especially from the Western bloc. One of the most potent issues is the concept of a woman's relinquishment of her rights in order to safeguard her marital relationship. This issue has generated controversy, both within and outside the fold of Islam. Scholars have debated on the legality of the concept. Hence, the protagonists of which on the one hand affirm the legality of the concept and extend the legal scope to include Misyar. While the antagonists on the other hand have the opinion that although misyar may be legal, it runs counter to the objectives and spirit of marriage in Islam. It is in this regard that this paper intends to undertake a critical examination of the provision of Q4:128-134, with reference to tafheem al-Qur'an by Maududi in a view to provide a brief and authentic exposition of what Islam stands for in this regard.