Research and Critical Review of Accustom Misyar Marriage in Contemporary and Arab Society in the Context of Islam

Abstract

Nikah (nuptial) is an important part of life in Islam. It has been an integral part of every intuitional religion. According to the Hanafi School of law, Nikah is better than supererogatory (Nafli) worship. Nikah needs the presence of at least two witnesses, and the presence of husband and wife is mandatory. Dowery (Mahr) is obligatory, and the husband is responsible for providing food and necessary things for a living. Misyar Marriage (traveller's marriage) is a new term that is getting popularity in Arabic countries. In this type of Nikah, obligatory elements of Shari Nikah are considered, but husband and wife deny some rights. For example, the wife refuses to live in the husband's house. Instead, she prefers her parents' home, or she wants to continue her job. Therefore, she denies performing house duties, or the husband is unable to fulfil the expenses of the wife, so he allows her to stay at his paternal home instead of his. However, if the husband wants to copulate (J?ma'a), he can take her to wherever he wants. It has similarities to court marriage as well. Therefore, it is needed for time to prove the jurisprudential value of this Nikah. In this article, we have tried to solve this problem according to Quran, Hadith and Islamic Jurisprudence (Fiqah).