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The question

Does a "misyar" marriage obligate the wife to waive her rights, is the husband's injustice in not treating his wives equally in a "misyar" marriage considered sound, and is the wife rewarded for her patience with her polygamous husband?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

For a marriage to be valid, certain conditions and pillars must be met, including the identification of the two spouses, their consent, the woman's guardian, and witnessing or public announcement. A "Misyar marriage" is valid if these conditions are met. It is a marriage in which the husband or wife stipulates the waiver of some rights, such as equal division of nights, financial support (nafaqa), or housing. Many contemporary scholars have permitted it if it fulfills the legal conditions of a contract and is announced. However, some scholars have refrained from permitting it due to its misuse and the potential for harm, such as the lack of public announcement. Regarding the question, it is not permissible for the husband to oppress his first wife or to diminish her rights under the pretext of a Misyar marriage. This marriage pertains to the wife who waived her rights from the beginning. A man may marry another woman for reasons related to himself, such as strong desires or frequent travel, or for reasons related to the first wife, such as her negligence in her duties. In the first case, the wife has nothing but patience, and in the second, she should re-evaluate herself.

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Ftawy
Original fatwa ID
6579
Imported
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Source text, unreviewed
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