Nikaah Misyar And The Wife Waiving Her Right Of Financial Support

We are not in favour of Nikaah Misyar and would advise against it due to the reasons detailed hereunder:

Nikaah Misyar that has come into vogue recently is generally a Nikaah of convenience. More often than not, a person who is already married wishes to enter into a second marriage. While there is fundamentally nothing wrong Islamically in a man having even up to four wives, one has to analyze the grounds and basis of a person wanting to contract a Nikaah Misyar. This type of Nikaah is also referred to as a “traveller’s Nikaah” because a person that travels often overseas, wishes to establish a marital relationship with someone in the country where he frequently travels to. This second marriage, although contracted in the presence of the required amount of witnesses, wherein the formal offer and acceptance of Nikaah takes place with a stipulated dowry – making it a valid Nikaah and Halaal relationship – has certain stigmas attached to it that would make this type of Nikaah questionable and in the least, inappropriate and disliked. Some factors attached to this type of  Nikaah defeats the sublime ideals and objectives of an Islamic Nikaah. For instance, this Nikaah is generally kept hidden from one’s first spouse and even from one’s family and acquaintances. This is perhaps why it is also referred to as a “secret Nikaah.” This is against the Sunnah of announcing one’s Nikaah and making it known to the public. Rasulullâh Sallallâhu Alaihi Wasallam has said:

أعلنوا هذا النكاح واجعلوه فى المساجد
(الترمذى ج1 ص207 باب ما جاء فى اعلان النكاح)

“Announce this Nikaah and have it in the Masaajid.”

Another point to consider is whether there is even a need for this type of Nikaah? One of our prominent Ulema, Hadhrat Moulana Thanwi Rahmatullahi used to advise that (given the obligation of maintaining equality between spouses), a person should only enter into a polygamous marital relationship when there is an absolute necessity. There seems to be no necessity in this case: First of all, your present wife has been faithful to you and given birth to your children. Secondly, it is very easy for you to take your present spouse with you on your travels, which obliterates the need for having a “secret” wife in another country. Furthermore, in a Nikaah Misyar, the husband generally marries with the condition that his second wife must relinquish her rights of maintenance. To impose such a condition is invalid and in spite of this condition, the husband does not become absolved of his responsibility of providing maintenance. This responsibility will still remain incumbent upon him. Spending equal nights by both his wives is also an incumbent responsibility in a polygamous marriage, whereas in a Nikaah Misyar, this is not observed.

In short, even though a marriage of this nature may be valid and the marital relationship Halaal, it would still be an inappropriate marriage contract to enter into.

Yes, if the husband (together with not keeping the Nikaah secret), is prepared to fulfil the responsibilities of a polygamous Nikaah, by providing maintenance for both his wives and also being just and equal in terms of spending an equal amount of nights with each wife, yet the second wife willingly waives her right of maintenance as well as her right of her husband giving her equal time, she is at liberty to do so and the husband will then be absolved of these Shar’ie responsibilities towards this wife.

At the same time, it should be understood that this is not a permanent absolution; the second wife will still be entitled to have her rights of maintenance, etc. to be reinstated whenever she wishes. 

In conclusion, though not appropriate, such a Nikaah will be valid; the clause of the wife waiving off her right of financial support will not affect the validity of the Nikah. However, she will always have the right to change her mind and ask for her rights of maintenance, etc to be reinstated.