What is the ruling on combining the waiver of the wife's right to lodging, maintenance, and housing with the intention of divorce in a "Misyar" marriage? And is it permissible for a religious, previously married woman to marry without a guardian in a Misyar marriage or to marry with the intention of divorce?
The question contains three issues: Misyar marriage, marriage with the intention of divorce, and marriage without a guardian.
Misyar marriage is valid if it fulfills the conditions of a valid marriage, which are a guardian, a dowry, and witnesses. The waiver by either spouse of some of their rights does not affect the validity of the marriage.
Marriage with the intention of divorce is not permissible, whether it is a Misyar marriage or any other type.
Marriage without the permission of the guardian is invalid and not permissible, whether the wife is a previously married woman (thayyib) or a virgin (bikr), unless it is known that her guardian rejects suitors without a legitimate Shariah reason, in which case she may resort to the judge.
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- 41363
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