One Chapter 1: Marriage

Lesson 42: The Causes of Intimate Relationships and Breastfeeding

Knowing the Maḥram and its causes is one of the most important aspects of Islam’s marriage laws. A Maḥram is a family member with whom marriage is permanently unlawful. A man and woman must know a Maḥram and non-Maḥram.

The Maḥrams are divided into three groups:

A- Relative Intimacy (Maḥram)

Relative intimacy is established since birth.

One: Relative Intimacy for Women

1. Her father and grandfather, as the line goes up;
2. Her son and grandson, as the line goes down;
3. Her brother;
4. Her sister’s son, as the line goes down;
5. Her brother’s son, as the line goes down;
6. Her paternal uncle and paternal uncle of her father and mother, as the line goes up;
7. Her maternal uncle and maternal uncle of her father

and mother (Issue 2536).

Two: Relative Intimacy for Men

1. His mother and grandmother, as the line goes up;
2. His daughter and granddaughters, as the line goes down;
3. His sister;
4. His sister’s daughters, as the line goes down;
5. His brother’s daughters, as the line goes down;
6. His paternal aunt and the paternal and maternal aunt of his father and mother, as the line goes up;
7. His maternal aunt and the maternal aunt of his father and mother, as the line goes up (Issue 2531).

B- Causal Intimacy (Maḥram)

Causal intimacy is established with marriage.

One: Causal Intimacy for Men

1. His Mother-in-law and mother-in-law’s mother;
2. His wife’s daughter, as the line goes down;
3. His Stepmother (wife of one’s father);
4. His daughter-in-law (Issue 2532 & 2533).

Two: Causal Intimacy for Women

1. Father-in-law (husband’s father) and his grandfather, as the line goes up
2. Husband’s son and the grandsons, as the line goes down;
3. Son-in-law (daughter’s husband) (Issue 2536).

Three: The Laws of Causal Intimacy

1. The wife’s sister (sister-in-law) is not intimate, but he cannot marry her as long as the wife is in his marriage (Issue 2537).
2. When a person fornicates with a woman who has the ‘Iddah of a revocable divorce, as an obligatory precaution, that woman becomes unlawful for him (to marry). However, if a person fornicates with a woman in the ‘Iddah of a temporary marriage, the ‘Iddah of an irrevocable divorce, or the ‘Iddah of a widow (Wafāt), as a recommended precaution, in that case, it is better to leave the marriage to her (Issue 2545).
3. If a person fornicates with a woman who has a husband, as an obligatory precaution, that woman becomes unlawful forever for him. However, she does not become unlawful for her husband. If he divorces her, he must pay her dowry (Issue 2550).

C- Breastfeeding

If a woman breastfeeds a child with special conditions, this child becomes Maḥram with the following women and men:

One: Conditions of Breastfeeding

It is necessary to fulfill the following conditions for breastfeeding to cause someone to become Maḥram:

1. A child must breastfeed live woman’s milk;
2. Milk must be used from a legitimate birth;
3. Child suckles milk from the woman’s breast;
4. Milk must be pure and unmixed;
5. The child must not finish the age of two;
6. Milk must be related to one husband;
7. The child must not vomit milk;
8. The child must suck the milk fifteen times, or it must suck up to its fill during one day and one night;
9. This milk must be from childbirth (Issue 2627).

Two: Intimates for the Suckling Son

1. The “nursing mother” (murḍiʿah) or foster mother (Riḍāi).
2. The mother and her grandmother of the nursing mother, as the line goes up, even if they are nursing mothers;
3. The sister of the nursing mother, even if she is a nursing sister;
4. Daughters and granddaughters of the nursing mother as the line goes down;
5. The paternal and maternal aunts of the nursing mother, even if they are nursing paternal and maternal aunts;
6. The mother-in-law of the nursing mother, as the line goes up;
7. The sister-in-law of the nursing mother;
8. The paternal and maternal aunt of the nursing mother’s husband, even if they are his nursing offspring;
9. The daughters and granddaughters of the nursing mother’s husband, as the line goes down, even if they are his nursing offspring (Issues 2637 and 2638).

Three: Intimates for the Suckling Girl

1. The father and grandfather of the nursing mother, as the line goes up, even if they are her nursing father;
2. The sons and grandsons of the nursing mother;
3. The brothers of the nursing mother;
4. The paternal and maternal uncles of the nursing mother;
5. The husband (he is called the riḍā‘ī father) and the father-in-law of the nursing mother and her grandfather;
6. The sons and grandsons of the nursing mother’s husband;
7. The paternal and maternal uncle of the nursing mother’s husband;
8. The brothers-in-law of the nursing mother

(Issues 2637 & 2638).

D- Laws of Looking at Non-Maḥram (Covering)

1. In Islam, it is unlawful for a man to look at the body or hair of (Muslim) women, including girls under the age that understand good and evil, whether with the intention of pleasure or not. There is no problem with looking at her face, hands, and legs if it is not with the intention of pleasure (Issue 2586).
2. It is unlawful for a woman to look at the body of a non-Maḥram man. There is no problem for a woman to look at those areas of the body that men usually do not cover, such as the head, hands, and feet, if it is not with the intention of pleasure (Issue 2586).
3. There is no problem with a man looking at a non-Maḥram woman and touching her body to administer the treatment (Issue 2594).

Question:

If male sperm and non-Maḥram female eggs are fertilized in an artificial womb. What are the rulings of a man and a woman, and the child is born this way?

Answer:

The child born this way joins the owner of the sperm, and all the laws of intimacy apply.

Exercises:

1. What are the types of intimates?
2. What are the four categories of relative intimacy for men and women?
3. What are the three categories of causal intimacy for men and women?
4. What are the four conditions of breastfeeding?

Lesson 43: Marriage Contract

A marriage contract makes a man and woman legal (Ḥalāl) for each other. There are two types of marriage contracts: permanent (Dāʾim) and temporary (muaqaṭi).

1. a) In a permanent marriage, the duration of the marriage is not specified, but it is forever.
2. b) Temporary marriage: In a temporary marriage, the duration is determined, such as one month or one day.

A-The Marriage Contract (̒Aqd)

One: Creating a Contract

1. In the marriage contract, the formula (Ṣīghah) must be recited, whether permanent or temporary. It is not enough for men and women to be satisfied.
2. In either case, the man or the woman can recite the formula themselves, or they may appoint someone as their agent (Wakīl) to recite it only on their behalf (Issue 2511).

Two: The Conditions of a Marriage Contract

A marriage contract must have the following conditions:

1. As a precaution, the formula (Ṣīghah) of the marriage contract must be recited in the correct Arabic.
2. Both the man and the woman, or their agents, must have the intention of establishing a contract (Qaṣd‑inshāʾ);
3. The person who recites the formula as a precaution must be an adult and sane (ʿĀqil).
4. The agent of the man and woman, or their guardians (Walīs), must specify the man and woman when reciting the formula.
5. The man and the woman must be satisfied with the marriage (Issue 2518).

Three: Formula (Ṣīghah) of Permanent Marriage Contract

1. When a man and a woman want to recite the formula for a permanent marriage, they must specify the amount of dowry (mahr), first the woman must say:

«زَوَّجْتُکَ نَفْسِی عَلی الْصِّداقِ المَعْلُومْ»

(Zawwajtuka nafsī ʿalaṣ ṣidĀqil maʿlūm)

” I have made myself your wife with the agreed-upon dowry” (mahr)

Then the man says immediately:

«قَبِلْتُ التَّزْوِيْجَ هٰکَذَا» (qabiltut tazwīj hakdza)

“I accept the marriage too.”

The marriage contract is valid.

2. If the agent of the man and the woman recites the formula of the marriage contract on their behalf, for example, if the name of the man is Aḥmad and the name of the woman is Fāṭimah, the woman’s agent says to the man’s agent:

«زَوَّجْتُ مُوَکِّلَكَ أَحْمَدَ مُوَکِّلَتِيْ فَاطِمَةَ عَلَى الصِّدَاقِ الْمَعْلُوْمِ»

(Zawwajtu muwakkilaka aḥmad muwakkilatī fāṭimah ʿalaṣ ṣidĀqil maʿlūm)

“I wed your client Aḥmad to my client Fāṭimah with the agreed-upon dowry.”

Then the man’s agent says immediately:

«قَبِلْتُ التَّـزْوِیْجَ لِمُوَکِّلِيْ أَحْمَدَ عَلَى الصِّدَاقِ الْمَعْلُوْمِ»

(qabiltut tazwīja limuwakkilī aḥmad ʿalaṣ ṣidĀqil maʿlūm)

“I accept the marriage on behalf of my client Aḥmad with the agreed-upon dowry.”

The marriage contract is valid.

3. The words said by the man must coincide with those words said by the woman, according to the precautionary principle (Issue 2516).

Four: Formula of the (Ṣīghah) Temporary Marriage Contract

1. When a man and a woman want to recite the formula for a temporary marriage (Mut’ah), they must specify the period and amount of dowry (mahr); then first, the woman must say:

«زَوَّجْتُكَ نَفْسِيْ فِي الْمُدَّةِ الْمَعْلُوْمَةِ عَلَى الْمَهْرِ الْمَعْلُوْمِ»

(Zawwajtuka nafsī fil muddatil maʿlūmah ʿalal mahril maʿlūm)

“I have made myself your wife for the agreed-upon period with the agreed-upon dowry (mahr).”

Then the man says immediately:

«قَبِلْتُ هٰکَذَا»  ( (qabiltu hakdza

“I accept the marriage too.”

The marriage contract is valid.

2. If an agent of the man and the woman wants to recite the formula of the marriage contract on their behalf, first, the woman’s agent says to the man’s agent:

«زَوَّجْتُ مُوَکِّلَتِيْ مُوَکِّلَكَ فِي الْمُدَّةِ الْمَعْلُوْمَةِ عَلَى الْمَهْرِ الْمَعْلُوْمِ».

(Zawwajtu muwakkilatī muwakkilaka fil muddatil maʿlūmah ʿalal mahril maʿlūm)

“I wed my client to your client for the agreed-upon period with the agreed-upon dowry.”

Then the man’s agent says immediately:

«قَبِلْتُ التَّزْوِيْجَ لِمُوَكِّلِي هٰکَذَا».

(qabiltut tazwīja limuwakkilī hākadhā)

“I accept the marriage on behalf of my client accordingly.”

The marriage contract is valid (Issue 2517).

B- Cancellation of Marriage Contract Due to Defects

A man and a woman can cancel the marriage contract due to defects:

One: The Defects of Women

If a man realizes after the marriage contract that his wife has one of the following defects, he can cancel the contract:

1. Insanity;
2. Leprosy;
3. Leucoderma;
4. Blindness;
5. Paralysis;
6. Presence of flesh or bone in the woman’s vagina, which obstructs sexual intercourse;
7. Ifḍā, i.e., the woman’s urinary and menstrual opening become one (Issue 2528).

Two: The Defects of Men

If a woman realizes after the marriage contract that her husband has one of the following defects, she can cancel the contract:

1. Insanity of the husband, before marriage or after it, although after the intercourse;
2. He has not a penis, or after the marriage contract, it is cut off before intercourse.
3. An illness prevents him from having sexual intercourse, even if it occurs after marriage.
4. The testicles of the man have been removed

(Issue 2529).

Question:

When a man and a woman have the conditions and legal capacity to marry, agree with each other to get married, and sign a contract between them but don’t recite the contract formula (Ṣīghah), is their marriage valid?

Answer:

Without saying the formula of the marriage contract, the intimacy and marriage between the man and woman are not concluded, and the mere signing of the contract between them is insufficient to establish a contract.

Exercises:

1. What are the four conditions for the validity of a marriage contract?
2. Is it possible to recite the marriage contract formula in Farsi?
3. What are the four defects of a woman that cause the marriage contract to be canceled?
4. What are the two defects of a man cause the marriage contract to be canceled?