نکاح مسیار: مشروعیت کے دلائل کا تجزیہ قدیم و جدید فقہاء کی آراء کے تناظر میں

Nikah Misyar, an analysis of the Arguments for Legitimacy in the Context of the Opinions of Ancient and Modern Jurists

Abstract

Nikah Misyar is a modern term. It means that in it the woman gives up her right to maintenance and residence. That is, she neither demands accommodation from the man nor expenses, etc. The need of the hour is to clarify the true form of Nikah Misyar. It should be seen that what is Nikah Misyar? What are the reasons and motivations for this type of marriage? Is it capable of fulfilling the Sharia and social objectives and requirements of marriage. What are its foundations in Islamic law? What are the opinions and fatwas of contemporary scholars about it? And in view of its interests and corruptions, what does the principle of expediency of Sharia say? This article, "Nikah Misyar and the Principle of Expediency of Sharia", will present an analytical study of the arguments on this topic. Globalization and modern and fast travel facilities are causing significant changes in the civilization and values of human societies. Due to which the family system is also being affected and a modern term of Nikah Misyar is being used and regular legislation is being made on it in Islamic countries. Jurists have presented their opinions and suggestions regarding the Sharia, constitutional, and legal status of this legislation. It is very important to study these opinions and suggestions so that a regular action plan can be prepared on this subject in accordance with contemporary requirements.