Nikah al-Misyar (Traveller’s Marriage):

Between Contemporary Islamic Jurisprudence and Emirati Law

Moath Alnaief

Maher Haswa

 

Abstract: There is a difference of opinion among scholars of Islamic law on the validity of nik?h? al-misy?r (travellers’ marriages) where a woman consents to forego her immediate right to maintenance and cohabitation with her husband. The article examines misy?r in traditional and contemporary Islamic jurisprudence to determine how jurists from both periods justified, debated, and rationalised this form of marriage and their legal intention when sanctioning it. Employing the methodology of an analytical description of travellers’ marriages and weighing the evidence provided by jurists to present their doctrines accurately, this article critically analyses the position of each juristic approach regarding misy?r marriage to argue for its permissibility as it fulfils all the basic requirements of a marriage contract. The article concludes that social concerns, such as misy?r being detrimental to women, are overstated. Of the reasons for this overstatement is because the idea of a misy?r marriage shields women from sin and illegitimate relationships while enabling them to find a companion and live a decent life with their legal rights upheld. Following the presentation of religious jurisprudence, the article then concludes by uncovering this topic within the Personal Status Law of the United Arab Emirates. This demonstrates how the UAE’s legal system has actually accepted misy?r, even though the relevant provisions of the law do not specifically mention it.