Rulings on Modern Marriage Practices

The institution of marriage in Islam is built on stability, mutual rights, transparency, and the raising of righteous children. Any arrangement that undermines these objectives — even if given an Islamic-sounding name — deserves careful scrutiny. Below is a concise overview of the rulings on several practices that have become widespread.

1. Mut'ah Marriage (Temporary Marriage)

Ruling: Forbidden — one of the major sins.

Mut'ah is a time-limited marriage contracted for a fixed period (a day, a week, a month) in exchange for a payment to the woman. It was briefly permitted in the early days of Islam but was definitively and permanently forbidden by the Prophet ﷺ. 'Ali ibn Abi Talib (may Allah be pleased with him) reported: "The Messenger of Allah ﷺ forbade the Mut'ah marriage on the day of Khaybar." (Bukhari and Muslim)

This prohibition is among the most firmly established rulings in Sunni Islam — agreed upon by all four madhabs. Anyone who enters into such a contract has committed a grave sin and has not entered into a valid marriage; any resulting children's lineage may be compromised. The fact that it remains permitted among Twelver Shi'a Muslims does not alter the ruling for Ahl al-Sunnah wal-Jama'ah.

2. Marriage with the Intention to Divorce (Nikah al-Tahlil and "Tourist Marriage")

Ruling: Forbidden. The nikah is void.

A man who contracts a nikah secretly intending to divorce after a set period has entered into what is, in substance, a Mut'ah marriage — prohibited regardless of the name given to it. The Prophet ﷺ said: "Deeds are only by intentions." Ibn al-Qayyim (may Allah have mercy on him) stated clearly that such a marriage is void even if the condition is not stated explicitly, because the corrupt intention corrupts the contract.

This is especially widespread in the form of "summer marriages" contracted by some men while travelling, or "marriages of convenience" for residency purposes. These arrangements inflict serious harm upon women who may be unaware of the intended duration.

3. Misyar Marriage

Ruling: Technically permissible with conditions — but accompanied by serious concerns.

Misyar is a nikah in which the wife voluntarily waives some or all of her rights — typically the husband's duty to cohabit with her and provide financial maintenance. The contract is valid in its form (wali, witnesses, offer and acceptance, mahr) but the wife renounces certain entitlements.

Senior scholars including Shaykh Ibn Baz and Shaykh Ibn 'Uthaymeen (may Allah have mercy on them) considered it technically permissible on the basis that the wife may voluntarily forgo her rights. However, both scholars — and many others — pointed to grave concerns:

• It is often sought by men as a way to enjoy intimacy without responsibility.
• It is harmful to the woman who may be in a vulnerable situation, effectively placing her in a hidden, second-class marriage.
• Children born of such unions face serious questions of lineage and custody.
• It contradicts the objective of marriage — which is to establish a home, raise a family, and achieve tranquillity (sakina).

Our advice: a Muslim who truly fears Allah and respects the rights Allah has given women should not seek Misyar, even if he considers it technically permitted. Seek a complete, transparent, and dignified nikah.

4. 'Urf Marriage (Customary Marriage Without Wali)

Ruling: Invalid according to the majority of scholars.

Common in some Arab cultures, 'Urf marriage is contracted privately between the couple without the knowledge of the woman's family or a proper wali. The Prophet ﷺ said: "There is no nikah without a guardian." (Abu Dawud, Tirmidhi — authenticated). A nikah without a wali is void. Such couples are living in sin, regardless of the written document they may have signed.

5. Online or Video-Call Nikah

Ruling: Disputed — proceed with extreme caution.

The question of whether a nikah conducted entirely online (with wali, groom, and witnesses connecting via video call) is valid has been addressed by contemporary scholars with differing conclusions. The majority position — and the safer one — is that all parties must be physically present in the same location, or that proper tawkil (legal delegation) is established beforehand so that a representative is physically present.

Do not rely on informal online ceremonies without verifying the validity of the arrangement with a qualified scholar in your jurisdiction.

The Principle: Form Alone Is Not Enough

The purpose of marriage in Islam is not merely to satisfy desire lawfully. Allah says: "And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy." (Qur'an 30:21) Any arrangement that reduces marriage to a transaction, conceals the truth from the woman, or circumvents her rights is contrary to the spirit and the letter of Islamic law.