زواج المسيار : حقيقته، و حكمه في الفقه الإسلامي و قانون الأحوال الشخصية الإماراتي

الملخص EN

The research reviewed the concept of Misyar marriage and its Judgements in Islamic jurisprudence (Fiqh), and the UAE personal status law, and it has been divided into an introduction, three chapters, and a conclusion.

the first topic is devoted to the definition of Misyar marriage and contracts similar to it.

the second topic is for the purposes of marriage in Islamic law (Fiqh), and the reasons for the emergence of Misyar marriage.

the third topic is for the Judgement of the Misyar marriage in Islamic jurisprudence (Fiqh).

and the Emirati personal status law.

as for the conclusion, it contains the results, and the most important of them is that : the Misyar marriage is a marriage that apparently fulfills all the points and conditions of a complete marriage by Shariah, but it includes the wife's waiver of some of her legal rights, such as : claiming overnight stay, alimony payments, housing, and other requirements of the Islamic Shariah marriage contract.

and it is stipulated here that the Misyar marriage is prohibited and it is not permissible except in special cases that are estimated alone, thus Misyar marriages are not given general permissibility.

and it is noticed that the UAE personal status law did not address Misyar marriage ; but it can be judged by the legal articles contained in the legally valid marriage contract, which is understood from its texts as impermissible by law.