Nikah Misyar Menurut Pandangan Para Ahli

Abstract

Misyar marriage is a form of marriage that emerged in Muslim society, where both parties agree to waive some of the rights and obligations that usually exist in traditional marriages, such as maintenance and housing. This study aims to analyze the phenomenon of Misyar marriage from the perspective of Islamic law, the objectives of sharia (maqashid asy-syari’ah), and its impact in social and moral contexts. The study was conducted using a normative approach to sources of Islamic law, such as the Qur'an, hadith, and the views of contemporary scholars. The results of the study indicate that Misyar marriage is valid according to sharia because it fulfills the pillars and requirements of marriage, such as ijab, qabul, guardian, witnesses, and dowry. However, scholars have different opinions regarding its law. Yusuf Qardhawi and Wahbah Zuhaili allow Misyar marriage on the condition that the wife is willing to waive her rights, while Muhammad Az-Zuhaili forbids it because it is considered contrary to the main purpose of marriage, which is to build a harmonious, just, and affectionate family. Meanwhile, Ibn Uthaymeen took a tawaqquf (cautious) position because even though it is valid, Misyar marriage has the potential to deviate from the maqashid asy-syari’ah. This study concludes that although Misyar marriage can be a pragmatic solution in certain situations, such as to meet biological needs or certain social conditions, this practice tends to raise ethical issues, injustice, and harm women. Therefore, it is recommended that couples considering Misyar marriage understand its implications in depth and seek solutions that are more in line with the principles of justice and harmony in Islam.