Alhassanain(p) Network for Heritage and Islamic Thought

Marriage (Part I of II)

* The relation between man and woman becomes lawful by contracting marriage. There are two kinds of marriages:

(i) Permanent marriage

(ii) Fixed-time marriage

In a permanent marriage, the period of matrimony is not fixed, and it isforever. The woman with whom such a marriage is concluded is called da'ima (i.e. a permanent wife).

In a fixed time marriage (Mut'ah), the period of matrimony is fixed, for example, matrimonial relation is contracted with a woman for an hour, or a day, or a month, or a year, or more. However, the period fixed for the marriage should not exceed the span of normal lives of the spouses, because in that case, the marriage will be treated as a permanent one. This sort of fixed time marriage is called Mut'ah or Sigha.

Marriage Formula

Issue 2372: * Whether marriage is permanent or temporary, the formal formula must be pronounced; mere tacit approval and consent, or written agreement, is not sufficient. And the formula (Sigha) of the marriage contract is pronounced either by the man and the woman themselves, or by a person who is appointed by them as their representatives to recite it on their behalf.

Issue 2373: The representative should not necessarily be a male. A woman can also become a representative to pronounce the marriage formula.

Issue 2374: * As long as the woman and the man are not certain that their representative has pronounced the formula, they cannot look at each other as Mahram (like husband and wife), and a mere probable suspicion that the representative might have pronounced the formula is not sufficient. And if the representative says that he has pronounced the formula, but his assertion does not satisfy the parties concerned, it will not be deemed sufficient.

Issue 2375: If a woman appoints a person as her representative so that he may, for example, contract her marriage with a man for ten days, but does not specify the day from which the period of ten days would commence, the representative can contract her marriage with that man for ten days from any day he likes. However, if the representative knows that the woman intends a particular hour or day, he should pronounce the formula according to her intention.

Issue 2376: One person can act as the representative of both sides for reciting the formula of permanent or temporary marriage. It is also permissible that a man may himself become the representative of a woman and contract permanent or temporary marriage with her. However, the recommended precaution is that two separate persons should represent each side, for the formula of marriage contract.

The Method of Pronouncing the Marriage Formula

Issue 2377: * If a woman and a man themselves want to recite the formula of permanent marriage, the woman should first say:Zawwajtuka

nafsi 'alas sidaqil ma'lum (i.e. I have made myself your wife on the agreed mahr), and then the man should immediately respond thus:Qabiltut tazwij (i.e. I accept the marriage). In this way, the marriage contract will be in order. And if a woman and a man appoint other person to act as their representatives for pronouncing the formula of marriage, and if, for example, the name of the man is Ahmad and that of the woman is Fatimah, the representative of the woman should first say:Zawwajtuka muwakkilaka Ahmad muwakkilati Fatimah 'alas sidaqil ma'lum (i.e. I have given to your client Ahmad in marriage my client Fatimah on the agreed mahr) and thereafter the representative of the man should immediately respond thus:Qabiltut tazwijali Muwakkili Ahmad 'alas sidaqil ma'lum (that is, I accepted this matrimonial alliance for my client Ahmad on the agreed Mahr). Now the marriage contract is in order. And, on the basis of recommended precaution, it is necessary that the words uttered by the man should conform with those uttered by the woman; for example, if the woman says:Zawwajituka...... (i.e. I have made myself your wife) the man should also say:Qabituttazwija..... .(i.e. I accept the matrimonial alliance) and notQabitun Nikaha .

Issue 2378: * It is permissible for a man and a woman to recite the formula of the temporary marriage (Mut'ah), after having agreed on the period of marriage and the amount of Mahr. Hence, if the woman says: Zawwajtuka nafsi fil muddatil ma'lumati 'alal mahril ma'lum (i.e. I have made myself your wife for an agreed period and agreed Mahr), and then the man immediately responds thus: Qabiltu (i.e. I have accepted), the marriage will be in order. And the marriage will also be in order if they appoint other persons to act as their representatives. First, the representative of the woman should say to the representative of the man thus: Matta'tu muwakkilati muwakkilaka fil muddatil ma'lumati 'alal mahril ma'lum (i.e. I have given my client to your client in marriage for the agreed period and the agreed Mahr), and then the representative of the man should immediately respond thus: Qabiltut tazwija li muwakkili hakaza (i.e. I accepted this matrimonial alliance for my client this way).

Conditions of Pronouncing Nikah

Issue 2379: * There are certain conditions for the Nikah recited for marriage. They are as follows:

(i) On the basis of precaution, the formula (Nikah) of marriage contract should be pronounced in correct Arabic. And if the man and the woman cannot pronounce the formula in correct Arabic, they can pronounce the Nikah in any other language, and it is not necessary to appoint any representatives. But the words used in translation must convey strictly the meaning of “Zawwajtu” and “Qabiltu”.

(ii) The man and the woman or their representatives, who recite the Nikah, should have the intention of Insha' (i.e. reciting it in a creative sense, making it effective immediately). In other words, if the man and the woman themselves pronounce the formula, the intention of the woman by saying: Zawwajtuka nafsi' should be that she effectively makes herself the wife of the man; and by saying: “Qablitut tazwija” the man effectively accepts her as his wife. And if the representatives of the man and the woman pronounce

the Nikah, their intention by saying: 'Zawwajtu' and 'Qablitu' should be that the man and the woman who have appointed them as their representatives, have effectively become husband and wife.

(iii) The person who pronounces the Nikah (whether he pronounces it for himself or has been engaged by some other person as his representative) should be sane, and as a precaution, he should be baligh also.

(iv) If the Nikah is pronounced by the representatives or the guardians of the man and the woman, they should identify the man and the woman by uttering their names or making intelligible signs towards them. Hence, if a person has more than one daughters, and he says to a man: Zawwajtuka Ihda Banati (i.e. I have given away one of my daughters to you as your wife) and the man says: Qabiltu (i.e. I have accepted) the marriage contract is void, because the daughter has not been identified.

(v) The woman and the man should be willing to enter into a matrimonial alliance. If, however, the woman ostensibly displays hesitation while giving her consent, but it is known that in her heart, she is agreeable to the marriage, the marriage is in order.

Issue 2380: If, while reciting the Nikah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void.

Issue 2381: * If a person pronouncing Nikah comprehends its general meaning, and has a clear intention of effecting that meaning, the Nikah will be valid. It is not necessary for him to know the exact meaning of each word, or to know the laws of Arabic grammar.

Issue 2382: If Nikah of a woman is pronounced to a man without her consent, but later both man and woman endorse the Nikah, the marriage is in order.

Issue 2383: If the woman and the man, or any one of them, is coerced into matrimony, and they give consent after the Nikah has been pronounced, the marriage is in order, although it is better that the Nikah be repeated.

Issue 2384: * The father and the paternal grandfather can contract a marriage on behalf of his minor son or daughter, or on behalf of an insane son or daughter, if they are baligh. And after the children have become baligh or the insane has become sane, he can endorse or abrogate it, if the contracted marriage involves any moral lapse or scandal. And if the marriage contract does not involve any moral lapse or scandal, but the na-baligh son or daughter calls off the marriage, then as an obligatory precaution, a Talaq or a renewed Nikah, whatever the case may be, must be recited.

Issue 2385: * If a girl has reached the age of bulugh and is virgin and mature (i.e. she can decide what is in her own interest) wishes to marry, she should, obtain permission from her father or paternal grandfather, although she may be looking after her own affairs. It is not, however, necessary for her to obtain permission from her mother or brother.

Issue 2386: * In the following situations, it will not be necessary for a woman to seek the permission of her father or paternal grandfather, before getting married:

(i) If she is not a virgin.

(ii) If she is a virgin, but her father or paternal grandfather refuse to grant permission to her for marrying a man who is compatible to her in the eyes of Shariah, as well as custom.

(iii) If the father and the grandfather are not in any way willing to participate in the marriage.

(iv) If they are not in a capacity to give their consent, like in the case of mental illness etc.

(v) If it is not possible to obtain their permission because of their absence, or such other reasons, and the woman is eager to get married urgently.

Issue 2387: * If the father or the paternal grandfather contracts marriage on behalf of his na-baligh son, the boy, upon attaining bulugh, should pay maintenance of his wife. In fact, he should start paying her maintenance before becoming baligh, when he is able to consummate the marriage. And the wife should not be too young to have any sexual relation with the husband. And in the situation other than these, there is a strong indication that she is entitled to maintenance from the husband, therefore a compromise should be carried out as a precaution.

Issue 2388: * If the father or the paternal grandfather contracts a marriage on behalf of his na-baligh son, they should pay the Mahr if the boy does not own any means, or if either of them undertakes to pay the Mahr himself. In other situations, the father or the paternal grandfather can pay Mahr from the boy's wealth, but it should not exceed the proper usual Mahr customarily given in similar cases. But if the circumstances demand that higher Mahr be paid, they can pay it from the boy's wealth, and not otherwise, unless the boy approves it after having become baligh.

Occasions When Husband or Wife Can Nullify Nikah

Issue 2389: * If the husband comes to know after Nikah that his wife had, at the time of Nikah, any one of the following six deficiencies, he can annul the marriage:

(i) Insanity, even if it is intermittent.

(ii) Leprosy

(iii) Leucoderma

(iv) Blindness

(v) Being crippled, even if it is not to the extent of immobility.

(vi) Presence of flesh or a bone in the woman's uterus, which may or may not obstruct sexual intercourse or pregnancy. And if the husband finds that the wife at the time of Nikah, suffered from 'Ifdha' - meaning that her urinary and menstrual tract have been one, or her menstrual passage and rectum have been one, he cannot annul the marriage. As an obligatory precaution, he will have to pronounce talaq if he wants to dissolve the marriage.

Issue 2390: * A woman can annul the Nikah in the following cases, without obtaining divorce:

(i) If she comes to know that her husband has no male organ.

(ii) If she finds that his penis has been cut off before or after the sexual intercourse.

(iii) If he suffers from a disease which disables him from sexual intercourse, even if that disease was contracted after the Nikah, or before or after the sexual intercourse.

Issue 2390: * In the following situations, if a wife refuses to continue with the matrimony and wishes to dissolve the marriage, then as a matter of precaution, the husband or his guardian will solemnise the divorce:

(i) If she comes to know after the Nikah, that the husband was insane at the time of Nikah; or if he becomes insane after the Nikah, before or after consummation of the marriage.

(ii) If she finds out that at the time of Nikah, the husband had been castrated.

(iii) If she learns that he suffered at the time of Nikah from leprosy or leucoderma.

Note: And if the husband is incapable of sexual intercourse, and she wishes to annul the marriage, it will be necessary for her to approach theMujtahid or his representative, who may allow the husband a period of one year, and if it is found that he was not able to have sexual intercourse with her or with any other woman, the wife can annul the marriage.

Issue 2391: * If the wife annuls the marriage because of the husband's inability to have sexual intercourse, the husband should give her half of her Mahr. But, if the man or the wife annuls the marriage because of one of the other deficiencies enumerated above, and if the marriage has not been consummated, he will not be liable for anything. But if the marriage was consummated, he should pay her full Mahr. If the husband annuls the marriage due to the deficiencies mentioned in rule 2389, he will not be liable for anything if he has not had sexual intercourse with her. But if he has had sexual relation with her, then he has to pay full Mahr.

Women With Whom Matrimony is Haraam

Issue 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.

Issue 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.

Issue 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.

Issue 2396: If a man marries a woman, but does not have sexual intercourse with her, the obligatory precaution is that as long as their marriage lasts, he should not marry her daughter.

Issue 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.

Issue 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.

Issue 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.

Issue 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. But if it is an irrevocable divorce, he can marry her sister. And if it is the Iddah of temporary marriage, the obligatory precaution is that one should not marry his wife's sister during that period.

Issue 2401: A man cannot marry the niece (brother's or sister's daughter) of his wife without her permission. But if he marries his nieces without his wife's permission, and she later consents to the marriage, it will be in order.

Issue 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 later consents to that marriage, it will be in order. If she does not consent later, the marriage will be void.

Issue 2403: * If before marrying his maternal or paternal aunt's daughter, a person commits incest (sexual intercourse) with her mother, he cannot marry that girl on the basis of precaution.

Issue 2404: * If a person marries his paternal or maternal aunt's daughter, and after having consummated the marriage, commits incest with her mother, this act will not become the cause of their separation. And the same rule applies if he commits incest with her mother after the Nikah, but before having consummated the marriage with her, although the recommended precaution is that in this circumstance he should separate from her by giving her divorce.

Issue 2405: * If a person commits fornication with a woman other than his paternal or maternal aunt, the recommended precaution is that he should not marry her daughter. In fact, if he marries a woman, and commits fornication with her mother before having sexual intercourse with her, the recommended precaution is that he should separate from her, but if he has sexual intercourse with her, and thereafter commits fornication with her mother, it is not necessary for him to get separated from her.

Issue 2406: * A Muslim woman cannot marry a non-Muslim, and a male Muslim also cannot marry a non-Muslim woman who are not Ahlul Kitab. However, there is no harm in contracting temporary marriage with Jewish and Christians women, but the obligatory precaution is that a Muslim should not take them in permanent marriage. There are certain sects like Khawarij, Ghulat and Nawasib who claim to be Muslims, but are classified as non-Muslims. Muslim men and women cannot contract permanent or temporary marriage with them.

Issue 2407: If a person commits fornication with a woman who is in the Iddah of her revocable divorce, as a 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 the recommended precaution is that 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'.

Issue 2408: * If a person commits fornication with an unmarried woman and who is not in Iddah, as a precaution, he cannot marry her till he has sought forgiveness from Allah, and repented. But if another person wishes to marry her before she has repented, there is no objection. If a woman is known as a lewd person, it will not be permissible to marry her till she has genuinely repented, and similarly, it is not permissible to marry a man known for his lustful character, till he has genuinely repented. If a man wishes to marry a woman of loose character, he should, as a precaution, wait till she becomes Clean (tahir/pak ) from her menses, irrespective of whether he had committed fornication with her, or anyone else had done so.

Issue 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.

Issue 2410: If a person contracts Nikah with a woman who is in the Iddah of another man, and has sexual intercourse with her, she becomes haraam for him forever even if he did not know that she was in her Iddah, or did not know that it is haraam to marry a woman during her Iddah.

Issue 2411: * If a person marries a woman knowing that she has a husband, he should get separated from her, and should also not marry her at any time afterwards. And the same rule will apply, as a precaution, if he did not know that the woman was already married, and had sexual intercourse with her after Nikah.

Issue 2412: If a married woman commits adultery, she on the basis of precaution, becomes haraam permanently for the adulterer, but does not become haraam for her husband. And if she does not repent, and persists in her action (i.e. continues to commit adultery), it will be better that her husband divorces her, though he should pay her Mahr.

Issue 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.

Issue 2414: * If a baligh person commits sodomy with a boy, the mother, sister and daughter of the boy become haraam for him. And the same law applies when the person on whom sodomy is committed is an adult male, or when the person committing sodomy is na-baligh. But if one suspects or doubts whether penetration occurred or not, then the said woman would not become haraam.

Issue 2415: * If a person marries the mother or sister of a boy, and commits sodomy with the boy after the marriage, as a precaution, they will become haraam for him.

Issue 2416: If a person who is in the state of Ehram (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 Ehram, he cannot marry that woman again.

Issue 2417: * If a woman who is in the state of Ehram marries a man who is not in the state of Ehram, her Nikah is void. And if she knew that it was haraam to marry in the state of Ehram, as an obligatory precaution, she should not marry that man thereafter.

Issue 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 and other women become haraam for him. Also, if a woman does not perform Tawafun Nisa, her husband and other men become haraam for her. But, if they (man or woman) perform Tawafun Nisa later, they become halal.

Issue 2419: * If a person contracts Nikah with a non-baligh girl, it is haraam 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, even if she may have suffered Ifza (which has been described in rule 2389), though as a precaution, he should divorce her.

Issue 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.

Rules Regarding Permanent Marriage

Issue 2421: * For a woman with whom permanent marriage is contracted, it is haraam to go out of the house without the permission of her husband, though her leaving may not violate the rights of the husband. Also she should submit herself to his sexual desires, and should not prevent him from having sexual intercourse with her, without justifiable excuse. And as long as she does not fail in her duties, it is obligatory on the husband to provide for her food, clothes and housing. And if he does not provide the same, regardless of whether he is able to provide them or not, he remains indebted to the wife.

Issue 2422: * If the wife does not fulfil her matrimonial duties towards her husband, she will not be entitled for the food, clothes or housing, even if she continues to live with him. But if she refuses to obey occasionally, the common verdict is that even then she cannot claim any entitlement from her husband. But this verdict is a matter ofIshkal . In any case, there is no doubt that she does not forfeit her Mahr.

Issue 2423: Man has no right to compel his wife to render household services.

Issue 2424: * The travelling expenses incurred by the wife must be borne by the husband, if they exceed her expenses at home, and if she had travelled with the husband's permission. But the fares for travel by car or by air etc. and other expenses, which are necessary for a journey, will be borne by the wife, except when the husband is himself inclined to take her along with him on a journey, in which case he will bear her expenses also.

Issue 2425: * If the husband who is responsible for the wife's maintenance, does not provide her the same, she can draw her expenses from his property without his permission. And if this is not possible, and she is obliged to earn her livelihood, and she cannot take her case to theMujtahid , who would compel him (even by threatening him with imprisonment) to pay the maintenance, it will not be obligatory upon her to obey her husband while she is engaged in earning her livelihood.

Issue 2426: * If a man, for example, has two wives and spends one night with one of them, it is obligatory on him to spend anyone of four nights with the other as well; in situation other than this, it is not obligatory on a man to stay with his wife. Of course, it is necessary that he should not totally forsake living with the wife. And as a precaution, a man should spend one night out of every four with his permanent wife.

Issue 2427: * It is not permissible for the husband to abandon sexual intercourse with his youthful, permanent wife for more than 4 months, except when sexual intercourse is harmful to him, or involves unusually more effort, or when the wife herself agrees to avoid it, or if a prior stipulation to that effect was made at the time of Nikah by the husband. And in this rule, there is no difference between the situations when the husband is present, or on a journey, or whether she is a wife by permanent or temporary marriage.

Issue 2428: If Mahr is not fixed in a permanent marriage, the marriage is in order. And in such case, if the husband has sexual intercourse with the wife, he should pay her proper Mahr which would be in accordance with the

Mahr usually paid to women of her category. As regards temporary marriage, however, if Mahr is not fixed the marriage is void.

Issue 2429: If at the time of Nikah for permanent marriage, no time is fixed for paying Mahr, the wife can prevent her husband from having sexual intercourse with her before receiving Mahr, irrespective of whether the husband is or is not able to pay it. But if she once agrees to have sexual intercourse before taking Mahr, and her husband has sexual intercourse with her, then she cannot prevent him afterwards from having sexual intercourse without a justifiable excuse.

Marriage (Part II of II)

Mut'ah (Temporary Marriage)

Issue 2430: Contracting a temporary marriage with a woman is in order, even if it may not be for the sake of any sexual pleasure.

Issue 2431: The obligatory precaution is that a husband should not avoid having sexual intercourse for more than four months with a wife of temporary marriage.

Issue 2432: * If a woman with whom temporary marriage is contracted, makes a condition that her husband will not have sexual intercourse with her, the marriage as well as the condition imposed by her will be valid, and the husband can then derive only other pleasures from her. However, if she agrees to sexual intercourse later, her husband can have sexual intercourse with her, and this rule applies to permanent marriage as well.

Issue 2433: A woman with whom temporary marriage is contracted, is not entitled to subsistence even if she becomes pregnant.

Issue 2434: * A woman with whom temporary marriage is contracted, is not entitled to share the conjugal bed of her husband, and does not inherit from him, and the husband, too, does not inherit from her. However, if one or both lay down a condition regarding inheriting each other, such a stipulation is a matter ofIshkal as far as its validity is concerned, but even then, precaution should be exercised by putting it into effect.

Issue 2435: If a woman with whom temporary marriage is contracted, did not know that she was not entitled to any subsistence and sharing her husband's conjugal bed, still her marriage will be valid, and inspite of this lack of knowledge, she has no right to claim anything from her husband.

Issue 2436: * If a wife of temporary marriage goes out of the house without the permission of her husband, and the right of the husband is in anyway violated, it is haraam for her to leave. And if the right of her husband remains protected, it is a recommended precaution that she should not leave the house without his permission.

Issue 2437: * If a woman empowers a man that he may contract a temporary marriage with her for a fixed period, and against a specified amount of Mahr, and instead, that man contracts a permanent marriage with her, or contracts a temporary marriage with her without specifying the time or amount of Mahr, the marriage will be void. But if the woman consents to it on understanding the position, then the marriage will be valid.

Issue 2438: In order to become Mahram (with whom marriage contract becomes haraam and is treated to be one of the close relatives), a father or a paternal grandfather can contract the marriage of his na-baligh son or daughter with another person for a short period, provided that it does not involve any scandal or moral lapse. However, if they marry a minor boy or a girl who is not in anyway able to derive any sexual pleasure during the period from the spouse, then the validity of such a marriage is a matter ofIshkal .

Issue 2439: If the father or the paternal grandfather of an absent child, marry it to someone for the sake of becoming Mahram, not knowing whether the child is alive or dead, the purpose will be achieved only if

during the period fixed for marriage, the child can become capable of consummating marriage. If it later transpires that it was not alive at the time the marriage was contracted, it will be considered void, and the people who had apparently become Mahram will all become Na-Mahram.

Issue 2440: If a husband gifts the wife of Muta'h with the period of her temporary marriage, thus releasing her, and if he has had sexual intercourse with her, he should give her all the things he agreed to give her. And if he has not had sexual intercourse with her, it is obligatory on him to give her half the amount of Mahr, though the recommended precaution is that he should give her full amount of Mahr.

Issue 2441: If a man contracted a temporary marriage with a woman, and the period of her Iddah has not ended yet, he is allowed to contract a permanent marriage with her or renew a contract for temporary marriage with her.

Looking At Non-Mahram

Issue 2442: * It is haraam for man to look at the body or hair of the Non-Mahram women, regardless of whether it is with the intention of pleasure or not, and whether there is a fear of falling into sinful act or not. It is also haraam to look at the faces and the arms, upto the wrists, of such women with the intention of pleasure, or if there is fear of falling into sinful act, and the recommended precaution is that one should not look at their faces or arms even without such an intention. Similarly, it is haraam for a woman to look at the body of Non-Mahram man, except places which are customarily not covered, like, his face, hands, head, neck and feet. She can look at these parts of a man without the intention of deriving any pleasure, or if there is no fear of being entrapped in any sinful act.

Issue 2443: * To look at the body of a woman who would not care for Hijab, even if she were advised, is not haraam, provided that it does not lead to sinful act or sexual pleasure, and excitement, nor is it with that intention; and in this rule, there is no distinction between a Muslim and a non-Muslim woman; and also between those parts, like their faces, their hands which they normally do not cover, and other parts of their bodies.

Issue 2444: * Woman should conceal her body and hair from a man who is non-Mahram, and as an obligatory precaution, she should conceal herself even from a Na-baligh boy who is able to discern between good and evil, and could probably be sexually excited. But she can leave her face and hands upto wrists uncovered in the presence of Na-Mahram, as long as it does not lead him to casting a sinful, evil glance or her to doing something forbidden; for in both these cases, she must cover them.

Issue 2445: It is haraam to look at the private parts of a baligh Muslim, even if it is seen behind the glass or reflected in the mirror, or clean water etc. As an obligatory precaution, it is also haraam to look at the genitals of a non-Muslim, and of a discerning Na-baligh child. However, wife and her husband can look at the entire body of each other.

Issue 2446: If a man and woman who are Mahram of each other, do not have the intention of sexual pleasure, they can see the entire body of each other excepting the private parts.

Issue 2447: * A man should not look at the body of another man with the intention of sexual excitement, and also, it is haraam for a woman to look at the body of another woman with the intention of sexual excitement.

Issue 2448: A man who is acquainted with a Na-Mahram woman, should not, as a precaution, look at her photograph etc., provided that the woman is not a heedless, commonplace person.

Issue 2449: *If a woman wants to give an enema to another woman, or to a man other than her husband, or to clean her/his private parts with water, she should cover her hand with such a thing that her hand would not touch the private parts of the other woman or man. And the same applies to a man who wants to give an enema to another man or a woman other than his wife, or to clean his/her private parts with water.

Issue 2450: * If a woman is rendered helpless by her disease, and if the only helpful treatment to her can be given by a male doctor, she can refer to him. And if that male doctor must look at her to be able to treat her, or to

touch her for that matter, there is no objection. However, if he can treat her by looking at her, he should not touch her body, and if he can treat her by touching her body, he should not look at her.

Issue 2451: * If a person is obliged to look at the private parts of a patient for his/her medical treatment, he should, on the basis of obligatory precaution, place a mirror opposite him/her and look into it. However, if there is no alternative but to look directly at his/her private parts, there is no objection. Similarly, if the duration of regarding the genitals in the mirror would be longer than looking at them directly, the latter method be adopted.

Miscellaneous Rules Concerning Marriage

Issue 2452: If a person gets entangled in haraam acts owing to his not having a wife, it is obligatory for him to marry.

Issue 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 repudiate the marriage. However, he can deduct and take the difference between the Mahr usually paid for a virgin woman and the one who is not a virgin.

Issue 2454: * It is haraam for a man and a woman who are not Mahrams, to be together at a private place where there is no one else, if it is feared to lead to immorality and scandal, even if it is a place where another person can easily arrive. But if there is no fear of any evil, there is no objection.

Issue 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, but he will be indebted to her.

Issue 2456: * A Muslim who renounces Islam and adopts a non-Muslim faith, is an apostate, and they are of two types: Fitri and Milli. Fitri apostate is one whose parents or one of them were Muslims when he was born, and he himself was also a Muslim, till after having reached the discerning age, and thereafter he converted to become a non-Muslim. A Milli is exactly the opposite.

Issue 2457: * If a woman becomes an apostate after marriage, her marriage becomes void, and if her husband has not had sexual intercourse with her, she is not required to observe any Iddah. And the position will be the same if she apostatises after sexual relation, but she had reached menopause (Ya'isa), or if she was a minor. And if she had not reached menopause, she should observe Iddah as will be explained in the rules of 'divorce'. And it is commonly held that if she becomes a Muslim during her Iddah, her marriage remains intact. However, it is improbable that this should be valid, and therefore, precaution should not be abandoned. A Ya'isa is a woman who has reached 50 years of age, and because of that advanced age, stops seeing Haidh and does not expect to see it again in her life.

Issue 2458: * If a man becomes a Fitri apostate after Nikah, 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'.

Issue 2459: * If a man becomes a Milli apostate after Nikah, his marriage becomes void. And if he has not had sexual intercourse with his wife, or if she has reached menopause, or if she is a minor, she need not observe Iddah.

But if he apostatises 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'. And it is commonly held that if her husband becomes a Muslim before the completion of her Iddah, their marriage remains intact. However, it is improbable that this be correct, but, precaution should not be abandoned.

Issue 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.

Issue 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.

Issue 2462: * If a woman becomes pregnant as a result of fornication or adultery, it is not permissible for her to have an abortion.

Issue 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.

Issue 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 Shariah 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 Shariah belongs to the father, and in either case their marriage is void, and they are haraam for each other.

Issue 2465: * If a woman says that she has reached menopause, her word may not be accepted, but if she says that she does not have a husband, her word is acceptable, except when she is known to be unreliable, in which case, investigation will be necessary.

Issue 2466: * If a man marries a woman after her assertion that she does not have a husband, and if some one claims later that she was his wife, his claim will not be heeded unless it is proved to be true according to Shariah laws.

Issue 2467: * Until a son or a daughter completes two years of his/her age, his/her father cannot separate him/her from his/her mother. And as a precaution, a child should not be separated from its mother till it is seven years of age.

Issue 2468: * If a person proposing marriage is known for his virtues and faith, then it is recommended that his proposal should not be rejected. The Prophet (s.a.w.a.) is reported to have said: “Whenever you receive a proposal for marriage on your daughter from a man whose virtue and piety pleases you, then give her hand in his in marriage. For if you do not do this way, great scandals and lapses will fill the earth.”

Issue 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.

Issue 2470: If an illegitimate person marries, and a child is born to him, that child is legitimate.

Issue 2471: If a man has sexual intercourse with his wife during fast in the month of Ramadhan or when she is in her menses, he commits a sin, but if a child is conceived, it is legitimate.

Issue 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 proper Mahr equal to that of the women similar to her category, but she is not entitled to subsistence during Iddah.