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Law - Family




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Lesson 69

Mutual Rights - Prohibited Marriage

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Main Points

·  The wife's rights over her husband are to pay her the cost of food, clothing, suitable residence, medical treatment, and obligatory education, provide cohabitation for her that avoids her from temptation, be nice with her and never hurt her, not to prevent her from visiting her blood relatives, and be just in treating his wives, if the husband is polygynous.[5]

·  The husband's rights over his wife are to obey him in everything except in disobeying Allah, preserve his money and honor, and not to leave home without his permission, and meet all his needs from her and not to fast, in any time other than Ramadan, without his permission.[6]

Allah prohibited the marriage of certain women

·      Permanent prohibition because of:

a) Lineage, such as the mother, grandmother, daughter, granddaughter, sister and her progeny, the maternal and paternal aunts, and niece

b) Affinity, such as the wife's mother and grandmother, stepdaughter (after coition with her mother) and granddaughter, stepmother, and step-grandmother

c) Foster relations, such as women who have been fed from the same breast with the concerned person or with any person prohibited by lineage of her relatives.[7]

·     Temporary prohibition is for:

a) The wife's sister and her paternal and maternal aunts until the marriage is terminated by divorce and the post-marital waiting period, or death.

b) The adulteress until she repents and finishes the post-marital waiting period.

c) The polytheist until she becomes a Muslim, while the women of the Book (Jews and Christians) are permissible to be married on the condition that they are chaste.

·  Prohibited marriages are as follows: marriage for a stated term, that is, temporary marriage for fun, marriage by compensation or Ash-Shighar (the guardian allows his ward to marry someone so that he can marry the one the latter is a guardian of), and marriage depending on Al-Muhallal, who marries a divorced woman in order to dismiss her later so that the first husband may marry her again, if the main purpose is to re-marry the first husband.[


Evidence from Qur'an and Sunnah


The rights of the wife:

The Prophet (peace be upon him) said:

“You have your rights over your wives, and they have their rights over you.” (Reported by At-Tirmidhi)

  He (peace be upon him) also said:

“To provide her with food when you eat, clothe her when you dress, not to hit her on the face, and do not revile her or separate from her except in the house.” (Reported by Abu Dawud)

He (peace be upon him) also said:

“When a man has two wives and he is inclined to one of them, he will come on the Day of Resurrection with a side hanging down.”
(Reported by Ahmad)

The rights of the husband:

Allah says:

]فَإِنْ أَطَعْنَكُمْ فَلاَ تَبْغُواْ عَلَيْهِنَّ سَبِيلا[
(النساء: 34)

This means: “But if they return to obedience, seek not against them means (of annoyance).” (4, An-Nisa’: 34)

The Messenger of Allah (peace be upon him) said:

“If I were to order anyone to prostrate before another, I would order a woman to prostrate before her husband.”
(Reported by At-Tirmidhi)

He (peace be upon him) also said:

“The world is but a relish and the best relish of the world is a pious woman.” (Reported by Muslim)

He (peace be upon him) also said:

“When a man calls his wife to bed, but she refuses and he (the husband) spends the night angry of her, the angels curse her until morning.” (Reported by Al-Bukhari and Muslim)

Permanent prohibition:

Allah says:

]حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالاَتُكُمْ وَبَنَات الأَخِ وَبَنَاتُ الأُخْتِ وَأُمَّهَاتُكُمُ اللاَّتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَآئِكُم وَرَبَائِبُكُمُ اللاَّتِي فِي حُجُورِكُم مِّن نِّسَآئِكُم اللاَّتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُواْ دَخَلْتُم بِهِنَّ فَلاَ جُنَاحَ عَلَيْكُمْ وَحَلاَئِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلاَبِكُمْ[ (النساء: 23)

This means: “Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters, your foster mother who gave you suck, your foster milk suckling sisters, your wives' mothers, your step daughters under your guardianship, born of your wives to whom you have gone in - but there is no sin on you if you have not gone in them (to marry their daughters), - the wives of your sons who (spring) from your own loins.” (4, An-Nisa’: 23)

The Prophet (peace be upon him) said:

“What is unlawful by reason of consanguinity is unlawful by reason of fosterage.” (Reported by Al-Bukhari and Muslim)

He (peace be upon him) also said:

“Being suckled once or twice, or one suckling or two, do not make marriage unlawful.” (Reported by Muslim)

`A’ishah (may Allah be pleased with her) narrated:

“Aflah Ibn Abi Al-Qu`ays entered upon me. I hid myself from him. He said: You are hiding yourself from me while I am your paternal uncle. I said: From where? He said: The wife of my brother suckled you. She said: The woman suckled me and not the man. Thereafter, the Messenger of Allah (peace be upon him) entered upon me and I told him this matter. He said: He is your paternal uncle; he may enter upon you.”
(Reported by Al-Bukhari and Muslim)

Temporary prohibition:

Allah says:

]وَأَن تَجْمَعُواْ بَيْنَ الأُخْتَيْنِ إَلاَّ مَا قَدْ سَلَفَ إِنَّ اللّهَ كَانَ غَفُورًا رَّحِيمًا.‏ وَالْمُحْصَنَاتُ مِنَ النِّسَاء إِلاَّ مَا مَلَكَتْ أَيْمَانُكُم[
(النساء: 23 - 24)

This means: “And two sisters in wedlock at the same time, except for what has already passed; verily, Allah is Oft­Forgiving, Most Merciful. Also (forbidden are) women already married, except those (captives and slaves) whom your right hands possess.” (4, An-Nisa’: 23 - 24)

Woman divorced three times:

Allah says:

]فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُ[
(البقرة: 230)

This means: “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband.”
(2, Al-Baqarah: 230)

Women who fulfill the post-marital waiting period:

Allah says:

]وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَاء أَوْ أَكْنَنتُمْ فِي أَنفُسِكُمْ عَلِمَ اللّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَكِن لاَّ تُوَاعِدُوهُنَّ سِرًّا إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفًا وَلاَ تَعْزِمُواْ عُقْدَةَ النِّكَاحِ حَتَّىَ يَبْلُغَ الْكِتَابُ أَجَلَه[
(البقرة: 235)

This means: “And there is no sin on you if you make a hint of betrothal or conceal it in yourself, Allah knows that you will remember them, but do not make a promise of contract with them in secret except that you speak an honorable saying according to the Islamic law. And do not consummate the marriage until the term prescribed is fulfilled.” (2, Al-Baqarah: 235)

The adulterer and the adulteress until they repent:

Allah says:

]الزَّانِي لا يَنكِحُ إلا زَانِيَةً أَوْ مُشْرِكَةً وَالزَّانِيَةُ لا يَنكِحُهَا إِلا زَانٍ أَوْ مُشْرِكٌ وَحُرِّمَ ذَلِكَ عَلَى الْمُؤْمِنِينَ[
(النور: 3)

This means: “The adulterer marries not but an adulteress or a Mushrikah and the adulteress none marries her except an adulterer or a Muskrik [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely he is either an adulterer, or a Mushrik (polytheist, pagan or idolater, etc.) And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress, etc.)]. Such a thing is forbidden to the believers (of Islamic Monotheism).” (24, An-Nur: 3)

The Prophet (peace be upon him) said:

“The adulterer who has been flogged shall not marry save the one like him.” (Reported by Abu Dawud)