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Question ID#:20117 What our ulema say about nikah misyar which is popular in saudi arabia which is done as follows- 1. There is an offer and acceptance (Ijab and qabool) 2. There are witnesses from both sides (Man and woman) 3. Man pays Mahr to woman 4. Nikah is not fixed for a period 5. Normally woman is widow or divorced or aged 6. Normally woman is rich who bears her expenses for livelihood or her father bears livelihood 7. Man is not responsible for livelihood(Food house etc) but in some cases man will pay livelihood. 8. Man and woman meet each other from time to time to fullfill their desires 9. This nikah is registered with the government 10. This nikah is kept secret from public. Only the wali of woman knows about this. Jazak Allah Khair

Answered according to Hanafi Fiqh by Darulifta-Deoband.com
Question ID#:20117 What our ulema say about nikah misyar which is popular in saudi arabia which is done as follows- 1. There is an offer and acceptance (Ijab and qabool) 2. There are witnesses from both sides (Man and woman) 3. Man pays Mahr to woman 4. Nikah is not fixed for a period 5. Normally woman is widow or divorced or aged 6. Normally woman is rich who bears her expenses for livelihood or her father bears livelihood 7. Man is not responsible for livelihood(Food house etc) but in some cases man will pay livelihood. 8. Man and woman meet each other from time to time to fullfill their desires 9. This nikah is registered with the government 10. This nikah is kept secret from public. Only the wali of woman knows about this. Jazak Allah Khair

Answer

(Fatwa: 315/B=66/tb=1431)

 

The method of nikah which you wrote will not make the nikah public, rather it would be a secret one, which is against sunnah, as it is asked in hadith to make nikah public.

عن عائشة قالت: قال رسو ل الله صلى الله عليه وسلم: أعلنوا هذالنكاح و اجعلوہ في المساجد ، واضربوا عليه بالدفوف (ترمذى:1/207? ابواب النكاح باب ماجاء فى اعلان النكاح).

In the same way, in the point number seven i.e. man is not responsible for livelihood (food, house etc), if nikah performed on this condition that husband will not be responsible for the maintenance of wife then it would this condition will be invalid being against the requisite of nikah. So, it will not be considered and the maintenance of wife will be wajib on husband. Imam Bukhari (رحمة الله عليه) has put regular chapter on the prohibition of such conditions:

باب الشروط التي لا تحل في النكاح

However, if wife forgives her maintenance right then husband would be free from it.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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