Women with Whom Matrimony Is Haraam

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Islamic Law
Occasions When Husband or Wife Can Nullify NikahRules Regarding Permanent Marriage

Issue No. 2042- Matrimonial relation is haraam with women who are one’s Mahram, for instance, mother, daughter, sister, paternal aunt, maternal aunt, niece (one’s brother’s or sister’s daughter), wife of one’s father, daughter of one’s wife and mother-in-law, details of which will come in the following issues.

Issue No. 2043- If a man marries a woman, even if he may not have had sexual intercourse with her, then her mother, her mother’s mother her father’s mother and all the women as the line ascends are his Mahram. However, the daughter of one’s wife, and the grand daughters of that woman (daughters of daughters, or sons) will become haraam to that man if he has had sexual intercourse with her.

Issue No. 2044- 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 No. 2045- The husband’s father and his grandfather, however high they go, and the husband’s sons and grandsons, however low they go, whether they existed at the time of her marriage or were born afterwards, are all Mahram to her.

Issue No. 2046- If a man marries a woman (whether the marriage is permanent or temporary) he cannot marry her wife’s sister, as long as she is his wife. Even after divorce, as long as she is in the waiting period, if it is the waiting period for revocable divorce (details of which will be narrated under the orders relating to 'Divorce'), and as a recommended precaution, it would be better that he does not marry her in the waiting period of the irrevocable divorce, and also in the waiting period of the temporary marriage, whether it is after the period of the temporary marriage is over or after he has forgone its remaining period.

Issue No. 2047- A man cannot marry the niece of his wife without her permission. But if he does, and she later consents to the marriage, it will be in order.

Issue No. 2048- A Muslim woman cannot marry a non-Muslim, and a male Muslim also cannot marry, on the basis of precaution, a non-Muslim woman. However, there would be no problem, if a Muslim man marries an Ahlul Kitab (People of the Scriptures) woman, like Jews or Christians, on temporary basis.

Issue No. 2049- If a man (Na’uzu billah) commits adultery with a married woman, that woman becomes haraam to him forever. That is, if she gets divorced from her husband, the adulterer cannot marry her at all.

Issue No. 2050- If a man commits adultery with a woman who is in the waiting period of someone else, she will become haraam to him, as an obligatory precaution, irrespective of whether the divorce is revocable or irrevocable, and the position is the same if the woman is in the waiting period of temporary marriage.

Issue No. 2051- If a man commits adultery with a woman who is not in the waiting period, he can marry her later. However, he should, as a recommended precaution, wait till she gets her menstruation, thereupon he should marry her.

Issue No. 2052- If a man contracts marriage with a woman who is in the Iddah (waiting period after divorce) of another man, and if the man and the woman both know, or any one of them knows that she is in Iddah and also knows that marrying a woman during her Iddah period is haraam, that woman will become haraam for the man forever, irrespective of whether he has had sexual intercourse with her or not. But if none of them knew that she was in Iddah nor did they know that contract marriage during Iddah is haraam, if they have had sexual intercourse with each other, the woman becomes haraam to him, and if they have not had sexual intercourse, she does not become haraam to him.

Issue No. 2053- If a man contracts marriage with a woman knowing that she has a husband, he should get separated from her, and he cannot, on the basis of obligatory precaution, marry her afterwards, though he may not have had sexual intercourse with her.

Issue No. 2054- If a married woman commits adultery, she does not become haraam to her husband. However, if she does not repent and persists in her action, it would be better for the husband to divorce her, but he should pay her Mahr. And if she is known for committing adultery, the obligatory precaution is to divorce her.

Issue No. 2055- If a man (God forbid. We seek refuge to Allah) commits adultery with a woman who has husband, in order for him to repent, it is not necessary to tell her husband, rather he should repent genuinely before Allah.

Issue No. 2056- If an adult person commits sodomy with a boy, the mother, sister and the daughter of the boy become haraam for him, whether that boy has attained the age of puberty or not attained it. However, if the person committing sodomy is minor, they do not become haraam to him, and the position is the same when he suspects or doubts whether penetration occurred or not.

Issue No. 2057- If a person marries the mother, sister or daughter of someone, and commits sodomy with him after the marriage, they will not become haraam for him.

Issue No. 2058- If a person who is in a state of Ihram which is one of the acts to be performed during Hajj or Umrah marries a woman, the marriage 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, irrespective of whether he has had sexual intercourse with her or not.

Issue No. 2059- If a man does not perform Tawafun Nisa which is one of the acts to be performed during Hajj, women who had become haraam to him owing to wearing Ihram, will not become halal to him. This rule also applies to a woman. However, if they (Man or woman) perform Tawafun Nisa later, they become halal to each other.

Issue No. 2060- If a person contracts marriage with a girl who has not attained the age of puberty with the consent of her guardian, it is haraam to have sexual intercourse with her before she has completed her nine years, and there is harm even after she has completed her nine years if she is not ready physically. However, if he does have sexual intercourse with her and she suffers Ifza, she does not become haraam for him, especially, if she becomes as good as her previous condition by way of operation or treatment. Therefore, in order for a man to have sexual intercourse with a woman and in addition to the completion of nine years of age, it is necessary for the woman, to be physically fit for this purpose, and if there is the fear of her suffering from Ifza or becoming defective, there will be harm in having sexual intercourse with her, even if she has reached the age of puberty.

Issue No. 2061- A woman who has been divorced three times, becomes haraam for her husband. However, if she marries another man, subject to the conditions which will be mentioned under the rules pertaining to ‘divorce’, and then gets divorced, she can marry her first husband again.

Occasions When Husband or Wife Can Nullify NikahRules Regarding Permanent Marriage
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