WOMEN WITH WHOM MATRIMONY
IS UNLAWFUL OR UNLAWFUL MATRIMONY
2393. Matrimonial alliance is unlawful with women who are one's mehram, for instance, mother, sister, daughter, paternal aunt', mal aunt, niece (one's brother's or sister's daughter) and mother-in-law.
2394. If a man ' a woman, then her mother, maternal grandmother, paternal grandmother and all the women as the line goes up are his mehram, even though he may not have had sexual intercourse with his wife.
2395. If a person marries a woman and has sexual intercourse with her, the daughters and granddaughters (daughters of sons, or of daughters) of the woman and their descendants, as the line goes down, become his mehram and it is immaterial whether they existed at the time of his marriage or were born later.
2396. If a man marries a woman, but does not have sexual intercourse with her, the obligatory precaution is that so long as their marriage lasts he should not marry her daughter.
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 goes up, are all his mehram.
2398. The husband's father and grandfather as the line goes up are her mehram. Similarly the husband's sons and the grand sons (via. sons of one's sons or of daughters) as the line may go downwards are her mehram and it is immaterial whether they existed at the time of her marriage or were born afterwards.
2399. If a man marries a woman (whether the marriage be permanent marriage or fixed time marriage) he cannot marry her sister, so long as their marriage lasts.
2400. If a person gives a revocable divorce to his wife in the manner which will be narrated under the orders relating to 'Divorce' he cannot marry her sister during the iddah of irrevocable divorce and as regards the iddah of fixed time marriage the obligatory precaution is that one should not marry his wife's sister during that period.
2401.A man cannot many the niece (brother's or sister's daughter) of his wife without her permission. There ii, however, 'o harm in his marrying her niece without her permission, provided that she grants such permission later.
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 does not agree to this marriage later their marriage is void.
2403. If before marrying his maternal aunt's daughter a person commits incest (sexual intercourse) with her mother he cannot many that girl and on the basis of obligatory precaution the same order applies to one's paternal aunt's daughter.
2404. If a person marries his paternal aunt's daughter or maternal aunt's daughter and after having sexual intercourse with her commits incest with her mother this thing does not become the cause of their separation. And the same order applies if he commits incest with her mother before having sexual intercourse with her although the recommended precaution is that in these circumstances he should separate from her aunt's daughter by giving her divorce.
2405. If a person commits adultery with a woman other than his paternal or maternal aunt, it is better that he should not marry her daughter. Rather, if he marries a woman and commits adultery with her mother before having sexual intercourse with her it is better that be should separate from her, but if he has sexual intercourse with her and thereafter commits adultery with her mother, it is, of course, not necessary for him to get separated from her (aunt's daughter).
2406. A Muslim woman cannot marry an infidel and a male Muslim cannot also many a non Muslim woman except the (People of the Scriptures i.e. Ahle Kitab). However, there is no harm in contracting fixed time marriage with women like Jews I and Christians and the recommended precaution is that one should not take them in permanent marriage. There are certain sects like Khawarij, Ghulat and Nawasib who claim to be Muslims. but are considered to be infidels. Muslim men and women cannot, therefore, contract permanent or fixed time marriage with them.
2407. If a person commits adultery with a woman, who is in the iddah of her revocable divorce, that woman becomes I unlawful for him on the basis of precaution. And if he commits I adultery who is in the iddah of fixed time marriage or irrevocable marriage or in the iddah of death he can marry her afterwards, although the recommended precaution is that he should not marry her. The meanings of revocable divorce and irrevocable divorce and iddah of fixed time marriage and iddah of death will be explained under the orders relating to 'Divorce'.
2408. If a person commits adultery with a woman who does not have a husband and is not in the iddah he can many her later. However, the obligatory precaution is that he should wait till the woman has her menstrual discharge and should many her thereafter. And if another person wants to marry that woman this precaution is recommended
2409. If a person marries a woman who is in the iddah of another man and it the man and woman know. or any one of them knows, that the iddah of the woman has not yet come to an end, and if they know that marrying a woman during her Iddah is unlawful, that woman becomes unlawful for the man for ever, even though after the marriage the man might not have had sexual intercourse with her.
2410. If a person marries a woman, who is in the iddah of another man and has sexual intercourse with her, she becomes unlawful for him for ever although he might not have been aware of her being in iddah or might not have been aware that it is not lawful to many a woman during her iddah.
2411. If a person marries a woman knowing that she is already married and that it is unlawful to marry a married woman. he should get separated from her and should not also marry her afterwards. And the same order applies if he does not know that the woman is already married but has had sexual inter course with her after marriage.
2412. If a married woman commits adultery she on the basis of precaution becomes unlawful permanently for the adulterer but does not become unlawful for her husband. And if she does not repent and persists in her action (i.e. continues to commit adultery) it is better that her husband should divorce her, but he should also pay her dowry.
2413.:i a woman who has been divorced or a woman who contracted a fixed time marriage and her husband has excused her period of marriage or the period of her marriage has come to an end marries after some time, and then doubts whether or not at the time of second marriage the iddah of her first husband had come to an end, she should ignore her doubt.
2414. If a person commits sodomy with a boy and he (the person committing sodomy) is adult, the mother, sister and daughter of the boy become unlawful for him. However, if he suspects that the male organ entered the anus of the boy or doubts whether or not it entered the anus, the said women do not become unlawful for him.
2415.If a person marries the mother or sister of a boy and commits sodomy with the boy after the marriage, they do not become unlawful for him, except when the marriage terminates on account of divorce etc. and the person committing sodomy wishes to many them again. In that event the obligatory pre caution is that he should not marry them.
2416. If a person who is in the state of ehram (which is one of the acts to be performed in connection with Hajj) marries a woman their marriage is void, sad in case he knew that it is unlawful for him to marry in the state of ehram he cannot marry that woman again.
2417. If a woman who is in the state of ehram marries a man who is not in the state of ehram, her marriage is unlawful. And if she knew that it is unlawful to many in the state of ehram it is obligatory on her not to many that man thereafter.
2418. If a man does not perform Tawaf fun Nisa (which is one of the acts to be performed in connection with Hajj) his wife and all other women become unlawful for him. Moreover, if a woman does not perform Tawaf un Nisa her husband and all other men become unlawful for her. However, if they (man or woman) perform Tawaf un Nisa later they (i.e. women for men and men for women) become lawful for them.
2419. It is unlawful to have sexual intercourse with a girl who I has not attained the age of puberty. However, if a man marries a minor girl and has sexual intercourse with her before she completes nine years of her age. what is more apparent is that sexual intercourse with the girl is not unlawful when she attains the age of puberty although he may be suffering from afza (the meaning of afza is been narrated in Article 2389). However, it is better that the man divorces her.
2420. A woman who is divorced thrice becomes unlawful for her husband. However. if she marries another man subject to the conditions which will be told under the orders 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.