Miscellaneous rules concerning marriage
2452. If a person gets entangled in Haraam acts owing to his not having a wife, it is obligatory for him to marry.
2453. If the husband makes it a condition before Nikah, that the woman should be a virgin, and it transpires after Nikah that she is not virgin, he can deduct and take the difference between the Mahr usually paid for a virgin woman and the one who is not a virgin. And as per precautionary measures, if he wants to separate from her, he should divorce her.
2454. It is Haraam for a man and a woman who are not Mahrams, to be together at a private place where no one else can enter; even if they are praying or just having conversation, or they are sleeping or awake, and Namaz offered in such place is also not in order. However, if a person can enter that place or a child is present there, who can discern between good and evil, there is not harm in it.
2455. If the man fixes the Mahr of the woman at the time of Nikah, but intends not to give it, the marriage contract is in order, and will have to pay the Mahr to her.
2456. A Muslim who renounces Allah or Prophet, or any of the essential commandments which Muslims accept it as a part of a religion. Like, if he renounces
the obligation of Namaz or fast, and if he knew that it is an essential part of Islam, then he will be considered as apostate.
2457. If a woman, before having a sexual intercourse with her husband becomes an apostate, as mentioned in the foregoing ruling, their marriage contract will become void. And the position will be the same if she apostatizes after sexual relation, but she had reached menopause (Ya’isa), i.e. if the woman is Sayyida, she should be sixty year old, and if she is not, then she should be fifty years old. And if she had not reached menopause, she should observe ‘Iddah as will be explained in the rules of ‘divorce’. Hence, if during her ‘Iddah she becomes Muslim, her marriage remains intact, but if she remains apostate till the end of her ‘Iddah, the marriage will be void.
2458. If a man, who is Muslim by birth becomes apostate, his wife becomes Haraam for him and she should observe ‘Iddah of death in the manner which will be explained in the rules relating to ‘divorce’. The term used for such person is Fitri apostate.
2459. If a man, born from non – Muslim parents, becomes Muslim, and before having sexual intercourse with his wife becomes apostate, or his wife has reached menopause, his marriage becomes void.
And if he apostatizes after having sexual intercourse with his wife, who happens to be of the age of women who normally have menstrual discharge, she should observe ‘Iddah of ‘divorce’ which will be mentioned under the rules relating to ‘divorce’.
Hence, if her husband becomes a Muslim before the completion of her ‘Iddah, their marriage contract remains intact, or else it will be void. The term used for such person is Milli apostate.
2460. If the woman imposes a condition at the time of Nikah that her husband will not take her out of the town, and the man also accepts this condition, he should not take her out of that town against her will.
2461. If a woman has a daughter from her former husband, her second husband can marry that girl to his son, who is not from this wife. Also, if a person marries his son to a girl, he himself can marry the mother of that girl.
2462. If a woman becomes pregnant as a result of fornication or adultery, if that woman or the man with whom she committed adultery or both are Muslim, it is not permissible for her to have an abortion.
2463. If a man commits fornication with a woman who has no husband, nor is she in any ‘Iddah, and later marries her, and a child is born to them, and they do not know whether the child is the outcome of legitimate relation or otherwise, the child will be considered legitimate.
2464. If a man does not know that a woman is in her ‘Iddah and marries her, and if the woman, too, does not know (that she is in her ‘Iddah) and a child is born to them, the child is legitimate and according to Shari’ah belongs to both of them.
However, if the woman was aware that she was in her ‘Iddah, and that during ‘Iddah marriage is not permissible, the child according to Shari’ah belongs to the father, and in either case their marriage is void, and they are Haraam for each other.
2465. If a woman says that she has reached menopause, her word is not acceptable, but if she says that she does not have a husband or she is not in her ‘Iddah, her word is acceptable.
2466. If a man marries a woman, and if someone claims later that she had a husband, and the woman denies the claim, his claim will not be heeded unless it is proved to be true according to Shari’ah laws.
2467. Until a daughter completes seven years of her age, her father cannot separate her from her mother.
2468. It is Mustahab and highly recommended that parents should hurry in giving their girl to marriage, who is Baligh (adult), on whom religious obligations have become obligatory. Imam Ja’far Al – Sadiq (peace be upon him) said: one of the felicity for a man is that her daughter does not become Haa’ez at his home.
2469. If a woman compromises her Mahr with her husband, on a condition that he will not marry another woman, it is obligatory upon him that he does not marry another woman, and that the wife should not claim her Mahr.
2470. If an illegitimate person marries, and a child is born to him, that child is legitimate.
2471. If a man has sexual intercourse with his wife during fast in the month of Ramadhan or his wife has sexual intercourse with his husband when she is in her menses, they have committed a sin, but if a child is conceived, it is legitimate.
2472. If a woman who is sure that her husband died while on a journey, marries another man after completing the ‘Iddah of death, (which will be explained in the
rules relating to 'divorce') and later her first husband returns from journey, she should immediately separate herself from her second husband, and she will be Halal for her first husband.
But, if the second husband has had sexual intercourse with her, she should observe ‘Iddah and the second husband should give her Mahr, if Mahr Al – Musamma (Mahr which is fixed at the time of Nikah) varies from Mahr Al - Misl (Mahr equal to that of the women similar to her category), in payment of Mahr, as per precautionary measures, they should compromise with each other. But she is not entitled to subsistence during ‘Iddah.