Commonalities and Differences Between Temporary Marriage and Misyar Marriage

Authors

    Ebrahim Azizi * Assistant Professor, Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran e.azizi@urmia.ac.ir
    Seyed Javad Mirmehdipour Assistant Professor, Department of Islamic Jurisprudence and Law, Faculty of Literature and Humanities, Urmia University, Urmia, Iran
    Masoud Alimolood Master of Family Law, Faculty of Literature and Human Sciences, Urmia University, Urmia, Iran
https://doi.org/10.61838/

Keywords:

Marriage, Nikah, Temporary, Sigheh, Misyar

Abstract

The profound emotional and sexual needs of a devout individual drive them toward marriage with the opposite gender, and thus, the most sacred foundation of society is established. The satisfaction of these needs, however, has taken various forms throughout human history. The aim of this research was to examine the commonalities and differences between temporary marriage and Misyar marriage. The findings of the research indicate that Sunni jurists, by accepting and considering Misyar marriage similar to permanent marriage, do not regard conditions and rights such as alimony, cohabitation, or living under one roof as essential elements of marriage. They have considered the marriage valid even without these conditions and referred to it as Misyar marriage. In Shia jurisprudence, by specifying a time and duration for marital intimacy and not requiring alimony or nightly cohabitation under one roof, temporary marriage is deemed legitimate. Sunni jurists, however, disagree with the equivalence of temporary marriage and Misyar marriage, as they believe that the foundation of Misyar marriage is based on permanence.

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Published

2023-09-19

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How to Cite

Commonalities and Differences Between Temporary Marriage and Misyar Marriage. (2023). Comparative Studies in Jurisprudence, Law, and Politics, 5(2), 40-52. https://doi.org/10.61838/