What is Misyar Marriage in the UAE? A Misyar marriage in the UAE is a legitimate, Sharia-compliant marriage contract with all its pillars, and it is recognized by UAE law, provided it is officially documented with the competent authorities.

What distinguishes this type of marriage is the agreement between both parties that the husband is not obligated to fulfill certain traditional duties, such as providing financial support or housing, This agreement does not affect the validity or legality of the contract.

Characteristics of a Misyar Marriage in the UAE

1. Legitimate and Legal Contract: From a formal perspective, a Misyar marriage does not differ from a standard marriage in terms of offer and acceptance, the presence of witnesses and a guardian, and legal registration of the contract.
2. Waiver of Certain Rights: In a Misyar marriage, the wife willingly waives some of her rights, such as housing or financial support. This is what distinguishes it from a traditional marriage.
3. Flexibility in Living Arrangements: A Misyar marriage does not require the husband to provide full financial support or for the couple to live together in one household.
4. Official Documentation: Unlike common-law or secret marriages, a Misyar marriage can be officially documented in court, which grants the contract full legal recognition.

A Misyar marriage is a permanent, not temporary, union based on the intention of continuity, just like any other marriage. It is not similar to Mut’ah (temporary) marriage because it is not defined by a time limit, nor does it automatically expire. A Misyar marriage also carries all the consequences of a legitimate marriage, such as establishing paternity, legal rights, and inheritance, unless the wife explicitly waives some of these rights in a prior agreement.

Rights and Duties in a Misyar Marriage in the UAE

Although a Misyar marriage is characterized by specific waivers agreed upon by the spouses, the basic rights and duties in this type of marriage are governed by Islamic Sharia and the UAE Personal Status Law.

Wife’s Rights in a Misyar Marriage

• Financial Support (Nafaqa): Financial support is a fundamental right, but the wife can waive it under the conditions of the Misyar marriage. However, she has the right to claim it later if there was no written waiver.
• Housing: The husband is not required to provide a shared residence if it was agreed upon, but the wife still retains the right to claim housing in the future.
• Kind Treatment: This is a right that is not waived in a Misyar marriage and includes respect, appreciation, and justice among co-wives if there are any.
• Inheritance: The wife inherits from her husband if he passes away while she is still married to him, just like any other legitimate wife.
• Right to Establish Children’s Paternity: Official documentation of the marriage guarantees the wife the full right to officially register the children and establish their lineage to the husband.

Wife’s Duties in a Misyar Marriage

• Obedience in kindness.
• Maintaining privacy and trust.
• Being available upon request.

Husband’s Rights in a Misyar Marriage

• To enjoy the relationship with the wife as permitted by Sharia.
• Not to be fully obligated to provide financial support or housing if previously agreed upon.
• The right to establish paternity for children born of the marriage.
• A man can enter into a Misyar marriage as an additional marriage without legally informing his first wife.

Husband’s Duties in a Misyar Marriage

• Kind treatment.
• Treating all wives justly.
• Maintaining secrecy and privacy.
• Establishing paternity for children.
• Fulfilling the agreed-upon conditions.
• Divorcing according to Sharia principles.

Children’s Rights in a Misyar Marriage

• Paternity: Paternity is established automatically upon documentation of the marriage, or through DNA analysis in case of a dispute.
• Financial Support and Care: Children born of a Misyar marriage have the same legal and Sharia rights to financial support, housing, and educational and health care.
• Inheritance: They inherit from their father just like children of a traditional marriage.

Conditions for a Misyar Marriage in the UAE

A Misyar marriage is considered legitimate and legal as long as it meets the general conditions of a marriage contract, keeping in mind that UAE law does not explicitly use the term “Misyar” but does not prevent this type of marriage as long as it adheres to all regulations.

The essential conditions for a Misyar marriage contract are:

• Full Consent of Both Parties: The contract is not valid without the explicit consent of the husband and wife.
• Legal Age for Marriage: Both the husband and wife must be at least 18 years old.
• Presence of a Guardian for the Wife: The marriage of a Muslim woman is not valid without a legal guardian, who must be present or represented by a proxy during the contract.
• Presence of Two Upright Witnesses: The marriage is not valid under Sharia or law without the presence of two adult Muslim witnesses.
• Absence of Sharia Prohibitions: Such as a prohibited degree of kinship, or the man already being married to four women.
• Official Documentation: The marriage contract must be registered with the Sharia court or other competent authorities to ensure its legal recognition and protect the resulting rights.
• Transparency in Special Agreements: Any exceptional conditions, such as waiving housing or financial support, must be agreed upon and documented to protect both parties later.

The Role of Samaha Legal Consultancy in Misyar Marriage Cases in the UAE

Misyar marriage is a type of contract that requires a precise understanding of laws and Sharia awareness, especially with the overlapping rights and duties and the varying expectations between the two parties.

This is where our role as Samaha Legal Consultancy comes in as the best law firm specializing in personal status in the UAE. We provide comprehensive and professional support in all stages of this type of marriage, such as:

• Providing family legal consultations before marriage.
• Drafting special contracts and agreements between the spouses.
• Documenting the marriage with the Sharia court and competent authorities in the UAE.
• Litigating disputes arising from a Misyar marriage.
• Legally supporting the woman to understand her rights in this type of marriage and how to reclaim them.
• Handling sensitive cases with confidentiality and privacy.

Contact us at Samaha Legal Consultancy to receive immediate legal consultations.