A woman in Jeddah filed a case against a man who is said to be her misyar husband for adultery, but the man rejected the accusation claiming that the woman was her misyar wife as he was married to her under the Misyar contract.
What is Misyar Marriage?
The Misyar Marriage is a type of marriage contract with the condition that a couple of this contract dismisses some of the basic rights of marriage like living together or the issues of money.
The wife gives up the right to housing and the husband give up the right to home keeping. Critics say that it is a marriage contract is just based on the pure sexual relationship that favors the husband. Recommended: What are Misyar Marriages from legal and shariah point of view?
The Misyar wife charged her husband for adultery
The woman filed a case against the man and charged him for adultery. She later transferred the case to the criminal court demanding her misyar husband to be punished according to the public and private rights and regulations that are mentioned in the Shariah.
The judge studied the case and confronted the defendant. The defendant was able to prove that the woman was married to her under a Misyar contract. He also claimed that their marriage was kept as a secret because of the woman’s ex-husband.
He would demand the custody of her children if he will come to know about her marriage. The defendant also said that he could bring witnesses to the court to justify himself and he did succeed in that too.
The decision of the court
The judge quickly denied the charges on the man after he was able to prove himself innocent. Later the woman too presented herself in the court and confirmed the saying of her husband. She too claimed that she had kept this marriage as a secret from his sons who are under her guardianship.
She also told the judge that she was married to the man for 5 years and he was visiting her secretly at her home. She further accepted the truth that she was afraid to disclose her marriage because if her ex-husband could come to know about it he would take her children away from her.
Thus, the case of adultery was dropped by the court and the man was released with honor and without any charge.
Source: Saudi Gazette