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Law - Family
Mutual Rights - Prohibited Marriage
· 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)
“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.”
The
rights of the husband:
Allah says:
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.”
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:
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: (Reported by Al-Bukhari and Muslim)
Temporary prohibition:
Allah says:
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:
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.”
Women
who fulfill the post-marital waiting period:
Allah says:
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:
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)
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