Misyar marriage is one of the issues New Jurisprudence of calamities, Which I tried through this study I can imagine her. Because the judgment of something branch out of his conception. Misyar marriage is a model of marriage which can bedefined as an official marital, relationship between a man and a woman, in which the woman waives some of the rights she would have in a normal Islamic marriage. Like any other isues in Islam, it has been a point of controversy and argument, especially among theologians. In this case, some allow, some prohibit and some others are in quo status called tawaqquf in deciding the rule and regulation of such marriage. This study examines the opinions of contemporary muslim scholars based on maqasid shari’ah, to see which opinion should be prioritized and selected by considering aspects of maqasid shari’ah in connection with marital contexts, and considering its benefits and harms as a result of the maqasid shari’ah. The method used in this study was library research or text study. The results of this study concluded that the banning of misyar marriage was mostly in line with maqasid shari’ah in a broad sense, that is, to achieve its benefits and prevent its disadvantages. It then sees the need to apply a rule of jurisprudential rules: "harm is still". Based on that rule, the marriage of misyar is a kind of betrothed, valid to solve the problem of spinsterhood and immunization of men who fear themselves falling into taboos.