Is it permissible to stipulate conditions for waiving alimony, housing, or procreation in a "misyar" marriage contract, or should the agreement be verbal only? And does a woman have the right to retract her waiver after marriage? Is it permissible for a man to conceal his "misyar" marriage from his family? And is it obligatory for a man to inform the woman of her legitimate rights in a "misyar" marriage, especially her right to claim alimony even if she had previously waived it?
Misyar marriage is a valid marriage that fulfills all conditions and pillars. In it, the wife willingly waives some of her rights, such as maintenance and overnight stay. It is permissible according to Islamic law by mutual agreement of the spouses, whether in writing or orally. It is obligatory to fulfill it, based on the verse: "O you who have believed, fulfill [all] contracts," and the Prophet's saying, peace and blessings be upon him: "Muslims are bound by their stipulations."
Scholars differed regarding the wife's retraction of her waiver of these rights. The preponderant opinion is that she is not permitted to do so as long as she initially agreed to it.
The husband is not required to inform his family about his marriage if he is an adult and mature, and this does not affect the validity of the marriage, unless concealing it leads to a detriment, such as: breaking the hearts of parents, severing ties of kinship, or losing a financial right.
The husband is not obliged to inform his wife about jurisprudential differences regarding her ability to retract her waived rights, especially since the preponderant opinion is that this condition is binding upon the woman. Rather, he is obliged to inform her of what she needs for her religion.
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