The impact of the purposes of Sharia in calamities Fiqh of the family Misyar marriage as a model

Abstract

This era has witnessed new forms of marriage contracts, and among these contracts is the so-called “misyar” marriage, where the opinions of contemporary scholars differed in its ruling and their sayings differed in that.

The research aims to clarify the impact of objectives in the calamities of family jurisprudence, the knowledge of the beholder helps him to know the provisions of calamities and makes it easier for him to find their judgment, and to reveal the effectiveness of objectives in fulfilling the provisions of developments, and to accommodate the needs of the era and its successive developments in various areas of life.

The research dealt with the importance of purposes in ijtihad and fatwas, the purposes of Sharia in marriage, the definition of misyar marriage, the sayings of scholars on the issue, and the impact of Sharia purposes in deciding the ruling on the issue.

The research concluded with several results, the most important of which are:

1- The secondary purposes in marriage are: the guardian, the dowry, the attestation, and the announcement.

2- Misyar marriage is a marriage that fulfills the conditions and pillars, except that the woman waives some of her rights such as maintenance, accommodation and housing.

3- The reason for the disagreement among contemporary scholars regarding the ruling on misyar marriage is due to the extent to which it fulfills the Shariah purposes in marriage.

4- Misyar marriage contradicts the purposes of Sharia in marriage, in terms of: offspring, requesting a child, achieving housing and affection, justice between wives, and taking care of children.

5- The evils resulting from misyar marriage outweigh the benefits arising from it.

6- Misyar marriage entails harm to the woman, in terms of the husband’s lack of commitment to alimony, housing, and division, as well as the resulting quarrels and quarrels over rights and inheritance.