Short answer
A misyar marriage, where the wife gives up her right to housing, maintenance or equal nights, is a valid nikah if it has offer and acceptance, witnesses and no end date. In the Hanafi school her waiver does not bind her for the future. Many scholars dislike it because it is often kept secret and leaves wives without protection.
A nikah with all its pillars and conditions is valid even if the couple agree that she will not claim maintenance or nights. Such a condition does not spoil the nikah, but it is void, and she may later ask for her rights. If a fixed end date is agreed, it becomes mut'ah and is invalid.
The four schools agree on this.
Explanation
Misyar (a visiting marriage) became common in the Gulf in recent decades. The couple make a normal nikah, but the wife agrees to stay in her own or her family's home and to give up some rights, such as housing, daily maintenance, or an equal share of nights if he has another wife. The husband visits rather than lives with her.
Is it valid? The fiqh test is the contract, not the name. If it has offer and acceptance, two witnesses and mahr, and no end date, the four schools agree that the nikah is valid, with the wali required by the three schools that require one. In the Hanafi school, a condition that removes a right the marriage itself gives is void while the nikah stands. Because maintenance becomes due day by day, a wife who waived it can later ask for it, and for fair turns. If the husband cannot accept that, his option is talaq, not forcing her rights away.
Why many scholars discourage it.
- It is often hidden from the first wife and the community, while the sunnah is to announce a nikah. See secret nikah.
- The wife may be left without support, housing or legal recognition, especially in Western countries where it is not registered.
- Children can lose their rights in practice.
- Some use it as cover for a temporary relationship. If an end date is agreed, it is mut'ah, which is invalid.
If a woman chooses this arrangement with open eyes, the nikah is valid, but write the terms down, involve her wali and family, register the marriage where the law allows, and make sure any children are protected. On a husband's duties to more than one wife, see marrying a second wife. For a specific contract, ask a mufti.
Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.
The evidence
Quran, Surah An-Nisaa 4:4
وَءَاتُوا۟ ٱلنِّسَآءَ صَدُقَٰتِهِنَّ نِحْلَةًۭ ۚ فَإِن طِبْنَ لَكُمْ عَن شَىْءٍۢ مِّنْهُ نَفْسًۭا فَكُلُوهُ هَنِيٓـًۭٔا مَّرِيٓـًۭٔا ﴿٤﴾
And give the women [upon marriage] their [bridal] gifts graciously. But if they give up willingly to you anything of it, then take it in satisfaction and ease.
Mahr is the wife's right in every marriage, including misyar.
Quran, Surah An-Nisaa 4:24
۞ وَٱلْمُحْصَنَٰتُ مِنَ ٱلنِّسَآءِ إِلَّا مَا مَلَكَتْ أَيْمَٰنُكُمْ ۖ كِتَٰبَ ٱللَّهِ عَلَيْكُمْ ۚ وَأُحِلَّ لَكُم مَّا وَرَآءَ ذَٰلِكُمْ أَن تَبْتَغُوا۟ بِأَمْوَٰلِكُم مُّحْصِنِينَ غَيْرَ مُسَٰفِحِينَ ۚ فَمَا ٱسْتَمْتَعْتُم بِهِۦ مِنْهُنَّ فَـَٔاتُوهُنَّ أُجُورَهُنَّ فَرِيضَةًۭ ۚ وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا تَرَٰضَيْتُم بِهِۦ مِنۢ بَعْدِ ٱلْفَرِيضَةِ ۚ إِنَّ ٱللَّهَ كَانَ عَلِيمًا حَكِيمًۭا ﴿٢٤﴾
And [also prohibited to you are all] married women except those your right hands possess. [This is] the decree of Allah upon you. And lawful to you are [all others] beyond these, [provided] that you seek them [in marriage] with [gifts from] your property, desiring chastity, not unlawful sexual intercourse. So for whatever you enjoy [of marriage] from them, give them their due compensation as an obligation. And there is no blame upon you for what you mutually agree to beyond the obligation. Indeed, Allah is ever Knowing and Wise.
Marriage must be a real commitment, not a cover for a passing relationship.
Sahih al-Bukhari 2721
Sahih... أحق الشروط أن توفوا به ما استحللتم به الفروج ...
"The conditions most deserving to be kept are those by which you made intimacy lawful."
Conditions agreed in a nikah carry weight, within the limits of the sharia.
Sunan an-Nasa'i 3369
Graded hasan... فصل ما بين الحلال والحرام الدف والصوت ...
"What separates the lawful from the unlawful is the daff and the voice."
A nikah is meant to be announced, not hidden.
Where the ruling is recorded
- al-Hidaya, Kitab al-Nikah, Bab al-Mahr. A nikah is not spoiled by an invalid condition; the condition falls away.
- Radd al-Muhtar (Ibn Abidin), Kitab al-Talaq, Bab al-Nafaqah. A wife's waiver of maintenance that has not yet become due does not bind her.
Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.