There are few religiously-sanctioned occasions for discussing issues concerning sexuality but it seems that in addressing this above topic the Saudis and their Wahhabi fans around the world have found one.
In simple terms, a , the husband and wife retain their homes and arrange for visits for a certain number of nights.
Firstly: Misyaar marriage is where a man does a shar’i marriage contract with a woman, meeting the conditions of marriage, but the woman gives up some of her rights such as accommodation, maintenance or the husband’s staying overnight with her.
In such circumstances, some women will agree to be a second or third wife and to give up some of their rights. Some women need to stay in their family home, either because they are the only care-givers for family members, or because the woman has a handicap and her family do not want the husband to be burdened with something he cannot bear, and he stays in touch with her without having to put too great a burden on himself, or because she has children and cannot move with them to her husband’s house, and other reasons. Some married men want to keep some women chaste because they need that, or because they need variety and halaal pleasure, without that affecting the first wife and her children. In some cases a husband may want to conceal his second marriage from his first wife, for fear of the consequences that may result and affect their relationship. The man travels often to a certain place and stays there for lengthy periods.
The fact that a woman acquiesces to a marriage that provides her with fewer rights than those she would be entitled to otherwise, is a testament to her inferior bargaining power both as a contracting party and as a citizen within a patriarchal society.
But this may be taken advantage of by some whose religious commitment is weak, hence this permissibility should not be described as general in application in a fatwa, rather the situation of each couple should be examined, and if this kind of marriage is good for them then it should be permitted, otherwise they should not be allowed to do it.
And they did not say that it is permissible without a wali (guardian), because marriage without a wali is invalid.
And they did not say that the marriage contract may be done without witnesses or without being announced, rather it is essential to do one of the two.
Thirdly: Opinion of the scholars concerning this type of marriage: 1. However, some students of the Shaykh said that he later retracted the view that it is permissible, but we could not find anything in writing to prove that. (may Allaah preserve him) was asked: There is a lot of talk about misyaar marriage being haraam or halaal.
(may Allaah have mercy on him) was asked about Misyaar marriage; this kind of marriage is where the man marries a second, third or fourth wife, and the wife is in a situation that compels her to stay with her parents or one of them in her own house, and the husband goes to her at various times depending on the circumstances of both. We would like a definitive statement about this matter from you, with a description of its conditions and obligations, if it is permissible.
Secondly: The scholars differed concerning the ruling on this type of marriage, and there are several opinions, ranging from the view that it is permissible, to the view that it is permitted but makrooh, or that it is not allowed. It also affects the children whose upbringing will be affected by their father’s absence. Some of those who said that it was permissible have retracted that view.