Egyptian marriage fatwa causes stir

Nadia abou el Magd, Foreign Correspondent

• Last Updated: April 19. 2009 10:58PM UAE / April 19. 2009 6:58PM GMT

CAIRO // A fatwa condoning a controversial form of marriage called “Misyar”, in which a bride forgoes typical premarital financial commitments from her would-be husband, is causing a stir in Egypt, with some critics calling it a form of “disguised prostitution”.

The fatwa, or religious edict, issued this month by Dar al Iftaa, an authoritative Islamic research institute in Cairo headed by Egypt’s grand mufti, said women can give up requirements such as living with their husband, maintenance money and the provision of accommodation, generally thought to be mandatory under Islamic law.

While scholars agree that Misyar is permitted in Islam and stress that the wife may reclaim at any time the rights she forfeited before marriage – giving her grounds for divorce should her husband refuse – many deem it immoral as it is often used merely as a means for couples to have religiously permitted sexual relations.

Many dissenters say it is immoral because it can be abused for religiously condoned sexual relations.

“I don’t support Misyar marriage as it doesn’t fulfil the goals of marriage in Islam, which legalised marriage to form a family, not as a licence for sexual practices,” said Abdel Moati Bayoumi, a former dean of the School of Fundamentals of Islam at Al Azhar University, the preeminent centre of Sunni Islamic research.

Sheikh Ali Gomaa, Egypt’s grand mufti, made a clarification last week to the fatwa, which had been issued a week earlier, virtually acknowledging that Misyar marriage could be used to satisfy “the needs of human nature”.

“Dar al Iftaa has conducted specialised religious research after which it stated that Misyar marriage is sanctioned by religion, as long as it abides by the rest of the pillars and conditions of marriage,” the statement said. “It’s a legal and religious marriage like the traditional marriage except for what the wife gives up.

“This marriage is not humiliating to the woman or man but shows how Sharia [Islamic law] is capable of satisfying the needs of human nature in different circumstances.”

For women like Manal, a divorced businesswoman in her forties who is seeking a relationship that abides by her religion, Misyar is an option.

“This wasn’t my dream when I got divorced,” she said. “But that was a long time ago, and while these types of marriages are not perfect, it’s better than remaining lonely for the rest of my life, or having an affair without marriage.”

Dar al Iftaa issues fatwas in response to religious questions from the public and from religious leaders and still holds great sway over Muslims throughout the Muslim world.

Some dissenters believe the publication of the fatwa was an attempt to answer widespread marriage problems in a country where many prospective grooms are simply unable to meet the financial requirements of getting married.

Misyar, which means to “pass by”, is not widely practised in Egypt.

More than nine million of Egypt’s 80m population are single, recent statistics published by the government showed, many of them over the age of 30.

Many Muslim Scholars lined up to criticise and discourage Misyar. On its website, Dar al Iftaa posted opinions from clerics, with some even arguing Misyar is not halal, or permissible under Sharia.

“Misyar marriage looks like marriage, but it’s not, as it doesn’t abide by God’s laws, which stipulate the husband’s responsibilities in the marriage contract, which should be abided by, not be given up by the wife,” said Malka Youssef, a female Islamic scholar and expert on personal status law in Egypt.

Prominent scholar Youssef al-Qaradawi said on his website that although he would “never preach this marriage”, he could not ban “something that is halal”.

He added, however, that, “We have to differentiate between whether a marriage is socially unacceptable and between its religious legitimacy”.

Criticism of Misyar has not been limited to religious figures.

Youmna Mokhtar, who founded a group on facebook called “Spinsters for change”, said Misyar degrades the institution of marriage.

“For me, Misyar marriage is like a disguised prostitution,” said Ms Mokhtar, 29. “Marriage shouldn’t come down to mean sexual satisfaction, it means sharing a life and making a family and having children who should be raised in a normal environment, which Misyar marriage doesn’t provide.”

Sheikh Gomaa’s fatwa coincides with rising incidences of polygamy in the country, which some believe can help solve Egypt’s marriage problem.

The calls for polygamy, mostly coming from conservative Islamic quarters, have proven at least as controversial as Misyar, particularly among women.

“Polygamy is not the solution for spinsters, as it would eventually lead to a precarious society, where those who can afford it take more than one wife, while the average youth remain unmarried,” Karima Kamal, a columnist who focuses on women’s issues, wrote.

The ruling National Democratic Party has proposed a law that would limit having more than one wife, giving rise to heated debate.

The NDP law, which is still being discussed, wants to limit taking a second, third or fourth wife, without prior permission from the court or the first wife.

However, Sheikh Gomaa said there are no such conditions on husbands under Sharia, which is stipulated in the Egyptian constitution as the country’s main source of legislation.

For Nisreen, 35, who works for an international charity in Cairo, Misyar and polygamous marriages are equally unappealing.

“I can’t imagine myself being a second wife, or in Misyar marriage, I’m not that desperate yet,” she said.

“My life is good, thank God. But God doesn’t give everything.”



nmagd@thenational.ae