Ashfaq S Mehdi
There has been a phenomenal rise in the practice of temporary contract marriages (Misyar) among poor Muslims in the old City of Hyderabad, India. The word Misyar is an Arabic word meaning travel or traveler.
The term “Nikah Misyar” (translated sometimes as “travelers marriage” or “marriage of convenience”) is not found in the Qur’an, Sunna or classical works of Islamic jurisprudence. It is a term that has been introduced recently. However, the concept of such an arrangement can be found being discussed in the works of classical Muslim jurists (fuqaha).
Some reports suggest that in Hyderabad (India) more than 15 temporary contract marriages are happening every month. Rich old men mainly from Saudi Arabia, Oman, UAE, Sudan and some other countries are exploiting poor Muslim families. Girls as young as 14 years of age are being married temporarily to 50 even 60+ year old men from the Gulf.
In all the cases, marriage brokers, Qazis and the girl’s parents are involved and profit from the deal. The poor parents force their daughters into temporary marriages ie. Misyar to earn money supposedly under religious sanction. The duration of the marriage is pre-decided varying from months to weeks to days or even just a night and the divorce is agreed upon verbally at the time of marriage.
It is well known that Ahle Tashie (Shias) practice temporary marriage called Muta, a valid and permissible practice in Shia fiqh (jurisprudence). In Muta a man and a woman have to agree on conditions beforehand to marry for a period with an expiration date. No witnesses are required Allah and the Quran are considered as witness. No divorce is required as the marriage ends automatically at the end of the period agreed upon.
As usual our so called Islamic scholars have differing opinion on this matter. The Islamic Jurisprudence Council based in Makkah which is Muslim World League’s constituent body, ruled that misyar marriage is legal. Bin Baz the deceased grand mufti of Saudi Arabia, and Sheikh Tantawi of Egypt had confirmed that it is legal. Sheikh Albani and Sheikh Al Uthaymeen (both from Saudi Arabia) disallowed it. Misyar marriage is termed illegal by some Islamic scholars at the Al Azhar University in Cairo and by a few in the Indian sub continent, the reason being the bride has to forego many or almost all of her rights and has to make a lot of compromises while the husband can divorce the wife without any obligations. Most of the other ulemas of Indian sub continent are silent about this mockery of the Sharia.
Those who defend Misyar marriage claim that it is in accordance with Islam. In Islamic marriage the man as well as the woman is allowed to give up some or any of their rights on their own free will without duress. Another reason given is that it gives protection to many women who do not find husbands through traditional marriage. Some women take a chance with this type of marriage under the presumption that it will turn into a regular marriage once the man comes to know her.
In Islam the basic objective of marriage is for the husband and wife to comfort each other and to build a cordial relationship together in which to raise righteous children. It is much more than just to get married for sexual enjoyment.
Other than Misyar (temporary marriages) Misfaar, Shigaar and Urfi are the other types of marriages which are getting popular among the Muslims in the Middle East. How strange and despicable it is that these are being validated by some religious scholars.
Misfaar (Vacation marriage) is a marriage between one man and one woman done for the sole purpose of allowing the woman to travel outside the country with the man on vacation. Rich Saudi’s, Kuwaitis, Omani’s go to Syria, Egypt, Lebanon and other places do Misfaar marriages with poor young girls. In exchange for the fully paid trip, gifts and agreed upon money, the woman accompanies the man in his journey or vacation. He may divorce the woman or can continue to have the relationship for future vacations.
Shigaar Swapping: a man has a young daughter or sister and friend has a young daughter or sister and they swap the daughters or the sisters or a daughter with the sister in marriage. (the girls don’t get the dowry)
Urfi marriage is a marriage without official process. Two witnesses should sign a document which says the couple got married and had pledge their commitment before God.
It is sad and unfortunate that the women are being treated as material or goods to be used and disposed of. This degradation of women is unbelievable. Islam is supposed to have raised the status of women ‘Heaven lies beneath mother’s feet’ is a famous saying of the prophet.
But what is happening in some parts of the Muslim world has destroyed completely the sanctity of marriage and has destroyed the very meaning and purpose of marriage reducing the status of a woman to an artificially legalized mistress. Unfortunately even for such an ugly behavior there is shameless lack of hesitation to seek religious sanction.
(The contents of this article are compiled from news, internet and my knowledge from a visit to India).