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Salamun Alaykum

Thank you for your query.

وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ إِلَّا مَا مَلَكَتْ أَيْمَانُكُمْ ۖ كِتَابَ اللَّهِ عَلَيْكُمْ ۚ وَأُحِلَّ لَكُمْ مَا وَرَاءَ ذَٰلِكُمْ أَنْ تَبْتَغُوا بِأَمْوَالِكُمْ مُحْصِنِينَ غَيْرَ مُسَافِحِينَ ۚ فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَرِيضَةً ۚ وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَاضَيْتُمْ بِهِ مِنْ بَعْدِ الْفَرِيضَةِ ۚ إِنَّ اللَّهَ كَانَ عَلِيمًا حَكِيمًا

and married women, excepting your slave-women. This is Allah’s ordinance for you. As to others than these, it is lawful for you to seek [temporary union with them] with your wealth, in wedlock, not in license. For the enjoyment you have had from them thereby, give them their dowries, by way of settlement, and there is no sin upon you in what you may agree upon after the settlement. Indeed Allah is all-knowing, all-wise. (Surah Nisa/24)

Misyar is a new type of marriage some say started from 19th century which is not at all supported by Quran or Hadith as it was not there at the early days of Islam or at the time of Prophet (s.a.w.w). So Misyar is neither mentioned in Quran nor in authentic Hadith books. Whereas, Muta has been permitted by Allah(swt) in Surah Nisa, verse 24 and it was never prohibited by Prophet Muhammad(s.a.w.w). This means no one in the world has the right to change Allah and His Prophet’s teachings. Unfortunately, the 2nd Caliph changed this Sunnah and it is clearly found in the ahadith.

وقال يحيى بن أكثم لشيخ البصرة: بمن اقتديت في جواز المتعة؟ قال: بعمر بن الخطاب رضي الله عنه. قال: كيف وعمر كان أشد الناس؟ قال: لأن الخبر الصحيح أنه صعد إلى المنبر فقال: إن الله ورسوله قد أحل لكما متعتين وإني محرمهما عليكم أو أعاقبكم عليهما. فقبلنا شهادته ولم نقبل تحريمه.

محاضرات الأدباء ج3 ص214

Yahya Ibn Aktham asked an old man from Basra, “Whom do you follow concerning the validity of Mut’ah?”

He answered, “I follow Omar Ibn al-Khattab.”

Yahya asked, “How is that? Omar was the most hostile towards it.”

He answered, “Since there is an authentic narration that Omar ascended the pulpit and said, ‘Allah and His messenger permitted you two types of Mut’ah, while I forbid you to perform them and punish you if you commit them.’ Therefore, we accepted the testimony of Omar (that Allah and His messenger permitted it) but we did not accept his prohibition.”

Mohaazarat al-Odaba, vol. 3, p. 214

The above hadith evidently shows that Muta was Halal but second caliph forbid it and said anyone who does Muta will be punished by him.

Misyar marriage, which has recently emerged among Sunnis. Although they do not call it temporary marriage, but in practice it is no different from Muta (temporary marriage); In this way, they allow a person in need of marriage to marry a woman permanently, while he intends to divorce her after a short period of time, and he stipulates with her that he will not have the right of maintenance(Nafaqah), no sleep at night, and no inheritance! That is, exactly like Muta (temporary marriage), with the difference that in Misyar they are separated by divorce, and in Muta (temporary marriage), by granting the remainder of the time or the expiration of the time, and both (Muta&Misyar) have a limited time in mind from the beginning.

It became clear that Misyar marriage takes place by an agreement between a man and a woman regarding the removal of the woman’s rights from maintenance and the division of the night between both of them and its end in divorce or continuation.

However, in a temporary marriage between a husband and wife, it is called a marriage with a clear dowry that if the time of the marriage contract ends, the time of the marriage will also end, and there is no need for a divorce. There is no inheritance between a husband and wife (that is, they do not inherit from each other in case of death, although the children of this marriage inherit from each of their parents, and after the end of the marriage period, the woman has a duty, if she menstruates, she should wait and complete the two menstrual cycles and after that she can marry another man if she wants).

In Muta if the girl is virgin, consent of her father is necessary but if she is non-virgin, then consent of the father is not necessary.

In summary, a Misyar marriage is, on the surface, the same as a permanent marriage in which the rights of the husband or the wife or both are revoked by the husband and wife themselves with mutual agreement.

www.pasokhgoo.ir/node/57561

If people hadn’t changed God’s laws,  the masses wouldn’t have fallen in Haram. If anyone who proves Muta to be Haram, has no right to call Misyar valid as it has never been mentioned with this name in Quran or Sunnah. since, they cannot accept Muta, they have changed the name to Misyar and are doing the same with a few differences between these two which have been mentioned above.

May Allah(swt) grant you success

Wassalam,

Syed Haider