Is Misyar marriage permissible or forbidden? Is it permissible for a Saudi military man to marry an Arab resident a Misyar marriage with its conditions? Is it permissible for a resident woman to marry herself to a Saudi citizen a Misyar marriage without the consent of her guardians if she is over 35 years old?
"Misyar marriage is permissible if it fulfills the pillars of a valid contract: the presence of the woman's guardian (wali), two just witnesses, and a formula indicating the contract. This ruling applies to all people, regardless of the nationality or professions of the spouses.
As for a woman marrying without the permission of her guardian, whether it is a misyar marriage or otherwise, it is invalid according to the majority of jurists, based on the Prophet Muhammad's (peace be upon him) saying: "Any woman who marries without the permission of her guardian, her marriage is invalid."
This marriage does not take effect without the guardian's permission according to the majority, but it becomes valid and enforceable if a judge rules it to be sound."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/118768
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 118768
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy