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شنبه: 28 / 05 / 1396 ( )

Women with whom matrimony is Haraam

 

2393. Matrimonial relation is Haraam with women who are one’s Mahram, for instance, mother, sister, daughter, paternal aunt, maternal aunt, niece (one’s brother’s or sister’s daughter) and mother – in – law.

2394. If a man marries a woman, then her mother, her maternal grandmother, her paternal grandmother and all the women as the line ascends are his Mahram, even if he may not have had sexual intercourse with the wife.

2395. If a person marries a woman, and has sexual intercourse with her, the daughters and grand – daughters (daughters of sons, or of daughters) of the wife and their descendants, as the line goes low, become his Mahram, irrespective of whether they existed at the time of his marriage, or were born later.

2396. If a man marries a woman, but does not have sexual intercourse with her, as long as their marriage lasts, he cannot marry her daughter.

2397. The paternal and maternal aunt of a man, and the paternal and maternal aunt of his father, and the paternal and maternal aunt of his paternal grandfather, and the paternal and maternal aunt of his mother, and the paternal and maternal aunt of his maternal grandmother, as the line ascends, are all his Mahram.

2398. The husband’s father and grandfather, however high, are the wife's Mahram. Similarly, the husband’s sons and the grandsons (son of his sons or of daughters), however low, are her Mahram, regardless of whether they existed at the time of her marriage or were born afterwards.

2399. If a man marries a woman, whether the marriage be permanent or temporary, he cannot marry her sister, as long as she is his wife.

2400. If a person gives a revocable divorce to his wife, in the manner which will be explained under the rules relating to 'Divorce', he cannot marry her sister during the ‘Iddah. And if a person is in a contract of a temporary marriage, after its time lapses or he releases her from the contract, during the period of her ‘Iddah, as per obligatory precaution, he should not marry his wife’s sister. Moreover, even if it is an irrevocable divorce, the rulings of which will be explained later, as per recommended precaution, one should not marry his wife’s sister.

 

2401. A man cannot marry the niece (brother’s or sister’s daughter) of his wife without her permission. But if he marries her nieces without his wife’s permission, and she later consents to the marriage, it will be in order. However, as per recommended precaution, it is highly recommended that he should recite the Nikah again.

2402. If the wife learns that her husband has married her niece (brother’s daughter or sister’s daughter) and keeps quiet, and if she does not consent later, the marriage will be void.

2403. If before marrying his maternal aunt’s daughter, a person commits incest (sexual intercourse) with her mother, he cannot marry that girl. And same rule applies in case of paternal aunt’s daughter.

2404. If a person marries his paternal or maternal aunt’s daughter, and before having consummated the marriage, commits incest with her mother, as per obligatory precaution, he should separate from her.

2405. If a person commits fornication with a woman other than his paternal or maternal aunt, as per obligatory precaution, he should not marry her daughter. In fact, if he marries a woman, and commits fornication with her mother after having sexual intercourse with her, it is not necessary for him to get separated from her. However, if he commits fornication with her mother – in – law before having sexual intercourse with his wife, as per obligatory precaution, he should separate from her by divorcing her and should not marry her again.

2406. A Muslim woman cannot marry a non – Muslim, and a male Muslim also cannot marry a non – Muslim woman who is not Ahlul Kitab (people of the book). However, there is no harm in contracting temporary marriage with Jewish and Christian women, rather it is also permissible for male Muslims to take them in permanent marriage, however, if a Muslim lady is available for marriage, marrying a non – Muslim is Makrooh, it is highly recommended that one should marry the Muslim woman.

2407. If a person commits fornication with a woman who is in the ‘Iddah of her revocable divorce, as per obligatory precaution, that woman becomes Haraam for him. And if he commits fornication with a woman who is in the ‘Iddah of temporary marriage, or of irrevocable divorce, or in the ‘Iddah of death, he can marry her afterwards, although, as per recommended precaution, he should not marry her. 
The meaning of revocable divorce and irrevocable divorce, and ‘Iddah of temporary marriage, and ‘Iddah of death, will be explained under the rules relating to 'Divorce'.

 

2408. If a person commits fornication with an unmarried woman and who is not in ‘Iddah, he can marry her afterwards, however, as per recommended precaution, he should wait till she becomes Pak from her menses. Similarly, same rules applies if someone else want to marry that woman.

2409. If a person contracts Nikah with a woman who is in the ‘Iddah of another man, and if the man and the woman both know, or any one of them knows that the ‘Iddah of the woman has not yet come to an end, and if they also know that marrying a woman during her ‘Iddah is Haraam, that woman will become Haraam for the man forever, even if after the Nikah the man may not have had sexual intercourse with her.

2410. If a person contracts Nikah with a woman, and later learns that she is in the ‘Iddah of another man, if he had sexual intercourse with her, she becomes Haraam for him forever even if they both did not know that she was in her ‘Iddah, or did not know that it is Haraam to marry a woman during her ‘Iddah.

2411. If a person marries a woman knowing that she has a husband, whether or not he has a sexual intercourse with her, he should immediately get separated from her, and should also not marry her at any time afterwards. However, if he did not know that the woman was already married, and had sexual intercourse with her after Nikah, she will become Haraam for him forever. And if he learns before he had sexual intercourse with her, it is obligatory upon him to separate from her, however, later he can marry her again.

2412. If a married woman commits adultery, she does not become Haraam for her husband. And if she does not repent, and persists in her action (i.e. continues to commit adultery), and if she becomes famous as adulterer, as per obligatory precaution, her husband should divorce her, and should not marry her again until she repents for her sins, however, he should pay her Mahr.

2413. In the case of the woman who has been divorced, or a woman who contracted a temporary marriage and her husband forgoes the remaining period of marriage, or if the period of her temporary marriage ends, if she marries after some time, and then doubts whether at the time of her second marriage, the ‘Iddah of her first husband had ended or not, she should ignore her doubt.

2414. If a Baligh (adult) person commits sodomy with a boy, the mother, sister and daughter of the boy become Haraam for him. But if one suspects or doubts whether penetration occurred or not, then the said woman would not become Haraam.

 

2415. If someone marries the mother or sister or daughter of a person, and after the marriage and sexual intercourse with his wife, commits sodomy with him, they will not become Haraam for him. However, if he commits sodomy after the marriage and before sexual intercourse, as per obligatory precaution, that woman will become Haraam for him.

2416. If a person who is in the state of Ihram – which is one of the acts to be performed during Hajj – marries a woman, the Nikah is void, and if he knew that it was Haraam for him to marry in the state of Ihram, he cannot marry that woman again.

2417. If a woman who is in the state of Ihram marries a man who is not in the state of Ihram, her Nikah is void. And if she knew that it was Haraam to marry in the state of Ihram, she should not marry that man thereafter.

2418. If a man does not perform Tawafun Nisa – which is one of the acts to be performed during Hajj (and Umrah Mufradah) – his wife, who became Haraam for him due to Ihram, will not become Halal. Also, if a woman does not perform Tawafun Nisa, her husband, who became Haraam for her due to Ihram, will not become Halal. But, if they (man or woman) perform Tawafun Nisa later, they become Halal.

2419. If a person contracts Nikah with a minor girl, it is not permissible to have sexual intercourse before she has completed her nine years. But if he commits sexual intercourse with her, she will not be Haraam for him when she becomes Baligh, however, till the end of life especially, if she has suffered from Ifdha (which has been described in rule 2389), he should refrain himself from having sexual intercourse with her even with her consent, or else, he should divorce her.

2420. A woman who is divorced three times, becomes Haraam for her husband. But, if she marries another man, subject to the conditions which will be mentioned under the rules pertaining to 'divorce', her first husband can marry her again after her second husband dies, or divorces her, and she completes the period of ‘Iddah.

 

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