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Chapter twenty-eight » Breastfeeding → ← Chapter twenty-seven » Looking at non-maḥram

Chapter twenty-seven » Miscellaneous rulings on marriage

Ruling 2461. It is obligatory for someone who falls into sin on account of not having a wife to get married.

Ruling 2462. If a husband stipulates a condition in the marriage contract that his wife must be a virgin but after concluding the marriage he realises that she is not a virgin, he can annul the marriage contract. However, if he does not annul it or if he did not make such a stipulation in the marriage contract but married her on the belief that she was a virgin, he can take into account the percentage difference between the standard amount given for a dowry (mahr al-mithl) of a virgin woman and that of a non-virgin woman and deduct that percentage difference from the dowry agreed by them; and if he has already given the dowry to her, he can take it back. For example, if her dowry is £1,000 and the dowry of a woman like her, if she is a virgin, is [usually] £800, and if she is not a virgin, it is [usually] £600, which is a difference of 25%, this percentage difference can be deducted from the £1,000 dowry of the woman [and so her dowry would be £750].

Ruling 2463. It is unlawful for a man and a non-maḥram woman to remain together in a secluded place where no one else is present in the event that an immoral act taking place is deemed probable, even if the place is such that someone else could enter. However, if an immoral act taking place is not deemed probable, then there is no problem.

Ruling 2464. If a man specifies a woman’s dowry in the marriage contract but he does not have the intention to give it, the marriage contract is valid. However, the man must give the dowry.

Ruling 2465. A Muslim who leaves the religion of Islam and chooses to be a disbeliever is called an ‘apostate’ (murtadd). There are two types of apostates:

1.
‘fiṭrī’: this is someone whose father and mother, or one of them, were Muslim when he was born, and after he was able to discern between right and wrong (tamyīz) he remained a Muslim, and after that he became a disbeliever.
2. ‘millī’: this is someone who is the opposite [of a fiṭrī apostate; i.e. it refers to someone whose father and mother, or one of them, were disbelievers when he was born, and after he was able to discern between right and wrong he became a Muslim, and after that he became a disbeliever].

Ruling 2466. If after the conclusion of a marriage contract a woman becomes apostate, whether that be millī or fiṭrī, her marriage contract becomes void. And in the event that her husband has not had sexual intercourse with her, she does not have to observe ʿiddah. The same applies if she becomes apostate after sexual intercourse but she is postmenopausal (yāʾisah) [as defined below] or a minor (ṣaghīrah). However, if she is of the age of women who experience menstruation (ḥayḍ), she must observe ʿiddah in accordance with the instructions that will be mentioned in the laws pertaining to divorce. If she reverts to Islam within the ʿiddah period, the marriage contract will remain as it is, although it is better that if the couple wish to live together they should contract a marriage again, and if they wish to separate they should get a divorce. A postmenopausal woman in this ruling is a woman who has reached the age of fifty, and due to her advanced age she does not experience ḥayḍ and has no expectation of experiencing it again.

Ruling 2467. If after marriage a man becomes a fiṭrī apostate, his wife becomes unlawful for him. If they have had sexual intercourse and she is neither postmenopausal nor a minor, she must observe the ʿiddah of a widow, which will be explained in the rulings pertaining to divorce. In fact, based on obligatory precaution, if they have not had sexual intercourse or she is either postmenopausal or a minor, she must still observe the ʿiddah of a widow. And if the man repents within the ʿiddah period, then based on obligatory precaution, if the couple wish to live together they must contract a marriage again, and if they wish to separate they must get a divorce.

Ruling 2468. If after the conclusion of a marriage contract a man becomes a millī apostate, in the event that he has not had sexual intercourse with his wife or his wife is postmenopausal or a minor, the marriage contract becomes void and the woman does not have to observe ʿiddah. And if he becomes apostate after sexual intercourse and his wife is the age of women who experience ḥayḍ, the woman must observe the ʿiddah of a divorce, which will be explained in the laws pertaining to divorce. Furthermore, if the man reverts to Islam before the completion of the ʿiddah, the marriage contract remains as it is.

Ruling 2469. If a woman stipulates a condition in the marriage contract that the man must not take her out of a particular city and the man accepts the condition, then he must not take her out of the city without her consent.

Ruling 2470. If a woman has a daughter from her previous husband, her subsequent husband may marry his son – if he was not born to the same woman – to that daughter. Also, if a man marries his son to a girl, he can marry the girl’s mother.

Ruling 2471. It is not permitted to abort a foetus even if a woman becomes pregnant through fornication unless the foetus remaining [in the mother’s womb] causes the mother harm or excessive difficulty. In such a case, it is permitted to abort the foetus before the soul has entered it, but [if this is done, then] blood money (diyah) must be paid. Aborting a foetus after the soul has entered it is not permitted even if, based on obligatory precaution, it causes the mother excessive difficulty or harm.

Ruling 2472. If a person fornicates with a woman who is neither married nor observing the ʿiddah of another man, in the event that he marries her afterwards and a child is born to them and they do not know if the child was conceived out of legal wedlock or not, the child is regarded as being of legitimate birth.

Ruling 2473. If a man does not know that a woman is observing ʿiddah and he marries her, in the event that the woman does not know either and a child is born to them, it is regarded as being of legitimate birth and it is legally the child of both of them. However, if the woman knew that she was observing ʿiddah and that marrying while observing ʿiddah is not legally permitted, then it is the child of the father. In each case, the marriage contract is void, and as previously explained, the man and the woman are forever unlawful for each other.

Ruling 2474. If a woman says she is postmenopausal, her word must not be accepted. However, if she says she does not have a husband, her word is to be accepted unless she is believed to be someone whose word cannot be accepted in this case, in which case the obligatory precaution is that investigations must be made about her situation.

Ruling 2475. If a woman says she is not married and subsequently a man marries her and after that someone claims that the woman is his wife, in the event that the person’s claim is not legally established as being correct (ṣaḥīḥ), his word must not be accepted.

Ruling 2476. A father cannot separate a son or daughter from his/her mother before he/she completes two years of age, because looking after a child [up to the age of two] is a right that is shared between the father and the mother. And the more precautious and more preferred [juristic opinion, i.e. the recommended precaution] is that a child should not be separated from his/her mother until he/she completes seven years of age.

Ruling 2477. If a marriage proposal is received from a person whose religiosity and morals are approved, it is better not to reject it. It has been reported from the most noble Messenger (Ṣ) that he said: ‘Whenever a proposal for your daughter arrives from a person whose morals and religiosity you approve, then marry your daughter to him. If you do not do this, great discord and immorality will arise on the earth.’

Ruling 2478. If a wife arrives at a settlement (ṣulḥ) of her dowry with her husband so that he does not marry another woman, it is obligatory on him not to marry another woman. Furthermore, the wife has no right to claim her dowry back.

Ruling 2479. If a person is born from fornication and later marries and has a child, the child is considered to be of legitimate birth.

Ruling 2480. If a man has sexual intercourse with his wife [while fasting] in the month of Ramadan or when she is in the state of ḥayḍ, he will have committed a sin. However, if a child is born to them, the child is considered to be of legitimate birth.

Ruling 2481. If a wife is certain (i.e. she has yaqīn) that her husband has died on a journey, and after the completion of the ʿiddah of a widow – the duration of which will be explained in the rulings pertaining to divorce – she marries another man, and then her first husband returns from his journey, then in such a case, she must separate from her second husband and she will be considered lawful for her first husband. However, if her second husband had sexual intercourse with her, she must observe the ʿiddah of intercourse that has ensued from a mistake, which is the same length of time as the ʿiddah of divorce. During the period of her ʿiddah, her first husband must not have sexual intercourse with her but deriving other forms of sexual pleasure is permitted. Furthermore, her maintenance is the responsibility of her first husband, and her second husband must give her a dowry that is accordant with that of women like her.
Chapter twenty-eight » Breastfeeding → ← Chapter twenty-seven » Looking at non-maḥram
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