Between Legality and Morality: A Comparative Analysis of Muta and Misyar Marriages in Islam

This study examines the debated and controversial Muslim marital practices of Muta and Misyar, emphasizing their relationship with Islamic family law. Misyar (visitor marriage) has gained conditional recognition among certain Sunni groups, whereas Muta (temporary marriage) is legally sanctioned within Shia jurisprudence. Both practices, however, have generated profound moral and social controversies. Employing a qualitative and interpretive analytical framework, the study investigates how religious authority, social necessity, and gendered interpretations intersect to justify or challenge these forms of marriage. Grounded in feminist legal theory: particularly Islamic feminist jurisprudence, the research advocates for contextual and justice-oriented interpretations of Islamic law while critiquing the gendered assumptions embedded in traditional readings of Sharia. Furthermore, interpretive social theory is applied to explore how religious scholars and activists construct and negotiate meanings surrounding marital legitimacy and morality. Drawing upon legal texts, scholarly literature, and in-depth interviews with Islamic scholars and women’s rights advocates, the findings reveal that both Muta and Misyar emerge from the contextual legal reasoning inherent in Islamic jurisprudence. Yet, these practices simultaneously challenge contemporary ethical norms and social expectations. The study concludes that the ongoing tension between moral responsibility and Sharia-based legality underscores broader debates on gender justice and transformative change within Muslim societies.