The Concept of Misyar Marriage from the Perspective of Sadd al-Dhariah

Abstract

Misyar marriage is a form of marriage that fulfills the pillars and requirements of Islamic law. The practice is carried out through an agreement involving the relinquishment of certain rights of the wife, including maintenance, residence, and equal turns in a polygamous marriage. This type of marriage has developed as a response to contemporary social and economic conditions. This study aims to analyze the practice of misyar marriage in Kalibening Village, Pronojiwo District, Lumajang Regency from the perspective of sadd al-dharī‘ah and to examine its impact on the fulfillment of rights and household harmony. This research employed an empirical legal method with a qualitative approach. Primary data were obtained through interviews and observations of misyar marriage practitioners. Secondary data were collected from statutory regulations, the Compilation of Islamic Law, books, and scientific journals. The findings indicate that the practice of misyar marriage in Kalibening Village is influenced by economic factors, biological needs, occupational conditions, and the desire to avoid adultery. The practice results in the non-fulfillment of material and emotional maintenance, reduced communication intensity, weakened emotional attachment, psychological pressure, and declining household harmony. The perspective of sadd al-dharī‘ah indicates that, despite fulfilling the pillars and requirements of marriage, misyar marriage has the potential to generate greater harm than benefit due to the neglect of the rights of wives and children and the failure to achieve the objectives of marriage, namely a family characterized by sakinah, mawaddah, and rahmah.