Unconventional Marriages in Contemporary Islamic Law: Legal Validity, Ethical Concerns, and Social Implications

Abstract

This study explores the emergence and evolution of unconventional marriages—such as Nikah al-Misyar, Nikah al-Mutʿa, Nikah al-Muhallil, and secret Nikah—within the framework of contemporary Islamic law. It seeks to answer the fundamental question: Do these non-traditional contracts uphold the legal, ethical, and social purposes of Islamic marriage or compromise them under cultural and economic pressures? The primary aim is to analyze the legal validity and ethical implications of these marriage forms through classical jurisprudence, contemporary fatwas, and societal outcomes. The study concludes that while many of these marriages fulfill formal Sharʿī requirements, they often undermine the maqāṣid al-nikāḥ—justice, protection, and permanence—especially for women. Methodologically, the research employs a comparative doctrinal approach, analyzing classical fiqh texts alongside modern case studies, socio-legal data, and juristic opinions from multiple Sunni and Shia schools. This paper argues that renewed ijtihād and stronger institutional frameworks are needed to address the gap between legal form and ethical substance in Muslim marital practices. By critically evaluating these alternative contracts, the study contributes to the evolving discourse on family law reform in Islamic societies.