Deviant Marriages
She had a secret ‘urfi marriage, and now her family wants to marry her to someone else

Even if a secret marriage is invalid, it must still be dissolved through divorce or annulment.
Reprinted from Islam-qa.com
Question:
What should a girl do who was a virgin and married herself off in an ‘urfi marriage to a man who is already married, at the hands of a sheikh and with two witnesses and the family of the sheikh in his house, with a simple mahr that she accepted but without any papers (it was only verbal)?
Her father is dead and she is grown up and does not have any adult brothers.
The man consummated the marriage with her and had intercourse with her, and they lived together for a while in secret like a married couple, without the knowledge of either family. After that she decided that this marriage could not continue for fear that her family would always object to the idea. Now her family are determined to marry her off to another man of whom they approve and they are determined to ahead with this marriage without knowing of her secret.
What should the girl do with regard to the first marriage? Is the marriage valid and does she have to get divorced from him? How should the divorce be done? Is it by speaking in front of the same witnesses or what? When she gets married to another man, does she have to tell him that she was married before, even though she is going to have an operation to repair the hymen so as to avoid any shame, whether she marries him or not?
Answer:
Praise be to Allaah.
Firstly:
According to the majority of fuqaha’, in order for a marriage to be valid it is essential for the woman’s wali (guardian) to be present. The wali is her father, then her son – if she has a son, then her brothers, then her brother’s son, then her paternal uncles, then the sons of her paternal uncles, and so on in order of closeness among the male relatives on her father’s side. If there is no one, then the ruler or the qaadi (judge) is her guardian, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage without a guardian.” Narrated by Abu Dawood (2085), al-Tirmidhi(1101) and Ibn Maajah (1881) from the hadeeth of Abu Moosa al-Ash’ari; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
And the Prophet (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid, and if there is a dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Ahmad (24417), Abu Dawood (2083) and al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami’ (2709).
Based on this, this girl’s marriage that was done in this manner is not valid, because it was done without the presence or consent of her guardian. The basic principle is that they should be separated, and there is no need for a divorce because the marriage was not valid in the first place. But as some scholars regard marriage without a wali as valid (even though this is a weak view), then divorce should be done. It is sufficient for the husband to speak the words of divorce, and it is not necessary to bring the witnesses who witnessed the marriage.
Ibn Qudaamah (may Allaah have mercy on him) said: If a woman gets married in an invalid manner, it is not permissible for someone else to marry her until she is divorced or the marriage is annulled. End quote from al-Mughni (7/9).
If he divorces her and her ‘iddah has ended, then it is permissible for her to marry someone else.
Secondly:
This girl has to tell the future husband of her first marriage. It is not permissible for her to have an operation to repair her hymen because that is deceiving the husband. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever deceives is not one of us.” Narrated by Muslim (101).
This is even more important if it says in the marriage contract that the bride is a virgin, as is the case in the country of the woman who is asking this question.
It does not matter how much embarrassment this will cause for her. She is the one who has brought it on herself and entered into this haraam marriage which is shameful in the view of others, so she has to bear the consequences.
But if she repents to Allaah and turns to Him, Allaah will grant her a way out.
We ask Allaah to help us all to obey Him and please Him.
And Allaah knows best.
Misyar Marriage – a Marvel or a Misery?
Misyar marriage has become common in Saudi Arabia.
By Somayya Jabarti, Arab News
Reprinted from ArabNews.com
JEDDAH, 5 June 2005 — To some, it’s an unthinkable act; for others, it’s better than loneliness, but in what is otherwise a conservative culture, misyar marriage goes against the grain.
Misyar marriage is a legal alternative marital arrangement more Saudi men and women are using to offset prohibitive marriage costs and the stigma unmarried women face.
In a misyar marriage the woman waives some of the rights she would enjoy in a normal marriage. Most misyar brides don’t change their residences but pursue marriage on a visitation basis. Some marriage officials say seven of 10 marriage contracts they conduct are misyar, and in some cases are asked to recommend prospective misyar partners.
Most of the women opting for misyar either are divorced, widowed or beyond the customary marriage age. The majority of men who take part in such marital arrangements are already married.
“All the misyar marriage contracts I conduct are between men and women remarrying,” said Abu Fawaz, who’s been a marriage official for four years. “For a misyar marriage all you need is witnesses, her dowry and the acceptance of both parties. Usually the woman either has her own place or lives with her family. Most of the time the woman’s family knows while the man’s family is in the dark about it, be it his first wife or any other family members.”
Results of Arab News Survey
Arab News surveyed 30 Saudi men and women aged 20-40 regarding misyar marriage. Over 60 percent of the men surveyed would consider misyar marriage for themselves with the majority of the respondents in their 20s. Those who would not consider it for themselves would not allow it for kin, be it sisters, brothers, sons or daughters. However, among the men who would consider it themselves, only two would find such a marriage acceptable for a female relative.
“If I allowed myself to marry another man’s sister or daughter ‘misyarically’ then it would only be fair to accept the same for my own female kin,” said Mohammad H. “It’s a double standard for men to accept it for themselves and other men but not the females. After all, if we all took up the same policy then who would we marry — each other?”
The reasons men gave for favoring misyar most often related to cost, with some asking “why not?” “I get to maintain all my rights, but I don’t have to take care of her financially and don’t even have to provide a house for her,” said 25-year-old Rayan Abdullah, an unmarried medical student at the city university. “It’s a great solution — isn’t it? It costs less than having a girlfriend — doesn’t it?” Or is it a male convenience in a male-dominated culture?
“What are the things most of us married men complain about?” asked Ghazi Ahmad, a 38-year-old husband and father of three children. “Don’t all of us constantly complain about the financial burdens, the lack of personal freedom — the routine patterns? Then this is the best marriage ever as far as I’m concerned. Married but not married — perfect.”
The opinions of women respondents about misyar marriage were a sharp contrast to the males’. More than 86 percent of the women 20-40 would not even consider such a marriage for themselves. Only four women — all in the over-40 category — would consider such marriages for themselves or relatives.
Most of the women respondents called it “legal prostitution” or objected to the lack of women’s rights in misyar marriages.
“I’m set in my ways,” said a 42-year-old bank manager who chose to call herself Muna Saad. “I live with my mother and couldn’t tolerate the idea of leaving her to live alone, and I’m comfortable financially. At the same time, I’d love to get married,” Muna said. “I also think it would be amusing for the roles to be reversed and sort of ‘own’ the man for a change and having him owe me rather than the other way around.”
Rooted in Secrecy
Despite optimistic expectations, such marriages are not always blissful. Former and current misyar spouses said it can become a nightmare if
When a misyar marriage results in pregnancy, it can be a disaster
pregnancy results from the union or if there are already children from former marriages. With most misyar marriages rooted in secrecy, the husband is only a ghostly figure occasionally seen. Once a child is conceived, the luxury of secrecy disappears.
“My second misyar marriage was doing fine despite my hawk of a first wife,” said Abu Abdul Rahman. “But that was only until my second wife got pregnant, and then the real nightmare began. She wanted to announce our relationship publicly because it put her in bad situations societally — you can’t be single and pregnant. I had to tell my family and my wife, and all hell broke loose. Now both marriages are on the rocks.”
There can be other unforeseen consequences of secrecy. “I’d been married misyarically for almost a year when members of the Commission for the Promotion of Virtue and the Prevention of Vice paid me a terrible visit accusing me of prostitution,” said a 35-year old divorcee and mother of two who chose to call herself Warda.
“They wanted to drag me to the police station even though I kept shoving the marriage contract in their faces. I had to call my brother — with whom I wasn’t on speaking terms. It was terrible. I hated myself and hated all men — my children were 6- and 7-years-old.”
A social worker who frequents the courts denounced misyar marriage. “The courts are overflowing with problems from regular marriages regarding financial obligations that husbands ignore, custody problems and alimony,” she said.
“There is a horrible, growing problem in enforcing the law upon neglectful husbands and fathers. How can anyone legalize a procedure such as misyar marriage that will make room for more irresponsibility?” the social worker asked.
“Unfortunately, misyar marriage has made it easier for irresponsible, immature individuals to enter a relationship that is supposed to be based on credibility, reliability and respect,” said Abu Zaid, an elderly marriage official. “This isn’t the case. It’s treated as a temporary solution for lust. That’s not what marriage is all about. In regular polygamy all wives have exactly the same rights over the husband, be it financial, be it regarding time spent together or being public. Women think that misyar marriage is for their benefit when in fact on a long-term basis, they pay the price and not just from their pockets but from their emotions, as well.”
Women Being Sold Short
Many parents and children of misyar wives stated that they felt the woman as being sold short in such a marriage. Parents mostly said that the only reason they accepted the situation was in recognition of their daughters as adult women with their own needs and their right to respond to such needs. “I begged my divorced daughter not to marry a suitor who proposed a misyar marriage,” said Abu Fahda. “At the end, I gave in because I didn’t want to be the reason for her having an unlawful relationship with a man. I’m an adult, and I know she has her needs, but I’d be lying if I said that I have any respect for this stranger who comes to my house for intimacy with my daughter. I even have trouble looking her in the face,” he said. “My neighbor’s niece was married misyarically for a while, and then when the husband was done with her he just left her — just like that.”
Abu Fahda’s grandchildren share his sentiments — especially sadness. “I don’t know who this man is — this man who comes to our house and spends time with my mother,” said the 6-year-old boy. “He’s not my father, and he can’t be her husband because fathers and husbands live with their families.”
For sociologists, misyar marriage is a head-scratcher. “What are we telling others about our self-worth, and what are we telling our children about the significance and meaning of family?” asked Dr. Nahid L. “Marriage is about in-depth relationships — not just copulation. Why are more women willing to forgo what is theirs just to be ‘called’ or falsely feel married?”
When marriage was created it was to ensure that no one gets anything for free. “Each, husband and wife, has duties and rights — and even in regular marriages women are already taken for granted. Marriage isn’t just about sex. Misyar marriage is only going to make things worse as far as I’m concerned.”
Some say society msut consider other alternatives. “If they want to really solve the issue of unmarried women instead of making it easier for men to marry repeatedly and cheaply, they should make it easier for Saudi women to marry non-Saudis,” said a school teacher.
“Years ago in college, I overheard one of my son’s friends talking about marriage and girls, and he asked ‘why buy the cow when the milk is free?’ They were talking about loose girls and there not being any need for marriage with them around,” said a university professor. “With misyar marriage, haven’t we just legalized the ‘why-buy-the-milk-when-the-cow-is-free’ syndrome? And we’re supposed to be civilized?”
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She had a secret ‘urfi marriage, and now her family wants to marry her to someone else
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Misyar Marriage – a Marvel or a Misery?








