Fatwa on Misyar Marriage in the View of Yusuf Al-Qardhawi: A Critical Analysis of Maqashid Asy-Syari'ah Perspective

Abstract

Misyar marriage is a form of marriage that has developed in several Islamic countries, where a man marries a woman by setting aside some of the wife's rights, such as maintenance, residence, and time allocation in the practice of polygamy. Contemporary scholar Yusuf Al-Qardhawi issued a fatwa that allows this practice with certain conditions. This study aims to examine Yusuf Al-Qardhawi's views on Misyar Marriage within the framework of Maqashid Asy-Syari'ah, namely the main objectives of Islamic law which include protection of religion (hifz ad-din), soul (hifz an-nafs), reason (hifz al-‘aql), descendants (hifz an-nasl), and property (hifz al-mal). The study used a qualitative-descriptive method with a normative and analytical approach to the fatwa. Data were obtained through literature studies from fiqh books, opinions of scholars, and relevant academic articles. From the results of the study, it is known that Yusuf Al-Qardhawi allows Misyar Marriage based on the fiqh principle that the original law in mu'amalat is permissible unless there is evidence that prohibits it. However, when viewed from the perspective of Maqashid Asy-Syari'ah, there are a number of critical notes. Misyar Marriage can support the protection of religion and descendants because it remains within the framework of Islamic law, but it risks ignoring the protection of life and property due to the ambiguity in fulfilling the wife's rights. In conclusion, although Misyar Marriage is permissible in fiqh, its implementation can have social impacts that conflict with the main principles of sharia. Therefore, clearer regulations are needed to ensure justice and welfare for both parties involved.