Educational jurisprudence

Authors

Abstract

Misyar marriage is a form of marriage that has become widespread in the Persian Gulf countries. It is a form of marriage having some of the features of marriage such as offer and acceptance and Sadaq (marriage portion settled upon the wife) while there are no matrimonial obligations and rights. For instance, the wife is deprived of some rights such as alimony, housing, clothing and the right to swear. There is discrepancy among Sunni jurisprudents regarding the lawfulness of this kind of marriage. In view of the fact that some segments of Sunni communities are practicing Misyar, it seems appropriate to investigate the lawfulness and negative educational impacts of this type of marriage with a view to the conditions and requirements of permanent and fixed-time marriage. In this study which adopts a descriptive analytical method, we came to the conclusion that Misyar marriage is not lawful on the grounds that it is not consistent with the definition of lawful permanent marriage provided by Sunni and Shiite religions, it is substantially different from temporary marriage and entails multiple negative educational consequences.

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