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Chapter twenty-seven » Looking at non-maḥram → ← Chapter twenty-seven » Laws of permanent marriage

Chapter twenty-seven » Laws of temporary marriage (mutʿah)

Ruling 2439. A temporary marriage that is not for the purpose of deriving sexual pleasure is valid. However, the woman cannot stipulate a condition that the man must not derive any sexual pleasure.

Ruling 2440. The obligatory precaution is that a husband must not avoid having sexual intercourse with his temporary wife, if she is young, for more than four months.

Ruling 2441. If a woman in a temporary marriage stipulates a condition in the marriage contract that her husband must not have sexual intercourse with her, the contract and the condition are valid. In such a case, the husband can only derive other forms of sexual pleasure from her. However, if she later consents to having sexual intercourse, then her husband can have sexual intercourse with her. The same rule applies in a permanent marriage.

Ruling 2442. A temporary wife is not entitled to living expenses [to be paid for by the husband] even if she becomes pregnant.

Ruling 2443. A temporary wife is not entitled to the right of sleeping together [i.e. the right that was mentioned in Ruling 2435]. She does not inherit from her husband, nor does her husband inherit from her. And in the event that one or both of them stipulate a condition [in the marriage contract] that they will inherit [from the other/each other], then the validity of this condition is problematic, but observing precaution (iḥtiyāṭ) here must not be abandoned.

Ruling 2444. Even if a woman in a temporary marriage does not know that she is not entitled to the right of having her living expenses paid for and the right of sleeping together, the marriage contract is valid. Her ignorance of this does not grant her a right over her husband.

Ruling 2445. A woman in a temporary marriage can leave the house without the permission of her husband. However, if the act of leaving the house violates the right of her husband, then it is unlawful for her to leave the house. And based on recommended precaution, in case the husband’s right is not violated, she should not leave the house without his permission.

Ruling 2446. If a woman appoints a man to be her agent for marrying her to himself for a specified period and a specified amount, and the man marries her to himself in a permanent marriage, or he marries her for a period or for an amount that is different to what was specified, then, if the woman consents upon realising this, the marriage contract is valid; otherwise, it is invalid.

Ruling 2447. If in order to become maḥram a father or a paternal grandfather marries his non-bāligh daughter/granddaughter or son/grandson to someone for a short period of time, the marriage contract is valid as long as it is not detrimental. However, if during the period of the marriage the boy is totally unable to derive sexual pleasure, or, if no sexual pleasure can be derived from the girl, then the validity of the marriage contract is problematic [i.e. based on obligatory precaution, it is not valid].

Ruling 2448. If a father or paternal grandfather of a child who resides in a different place marries the child to someone in order to become maḥram [to that person], not knowing whether the child is alive or not, then, if the marriage period is such that it is possible for the boy to derive sexual pleasure from the girl during it, what is apparent (ẓāhir)(1) is that they become maḥram. However, if it is later realised that the girl was in fact dead at the time of the marriage contract, then the contract is void and the persons who had apparently become maḥram will be non-maḥram.

Ruling 2449. If a man gives his wife the remaining period of the marriage, in the event that he had sexual intercourse with her, he must give her all the dowry that he had agreed to give her. However, if he did not have sexual intercourse with her, it is obligatory on him to give her half of it.

Ruling 2450. If a man has a temporary wife whose ʿiddah has not yet finished, he can contract a permanent marriage with her or marry her again in a temporary marriage. However, if the period of the temporary marriage has not yet finished and he contracts a permanent marriage, the marriage contract is invalid unless he first gives her the remaining period and then contracts the permanent marriage.

(1) For practical purposes in jurisprudential rulings, expressing an ‘apparent’ ruling equates to giving a fatwa.
Chapter twenty-seven » Looking at non-maḥram → ← Chapter twenty-seven » Laws of permanent marriage
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