society. It is the key step to establishing a family, which is the
nucleus of society. Since the ultimate goal of creating human beings
is to worship Allaah Almighty, a Muslim has to look at marriage as a
means of 'producing' human beings who will be future worshippers of
Allaah, which is a religious commitment, apart from being a physical,
social and psychological need.
When planning for marriage, one has to ask himself who he shouldmarry.
Allaah mentions most of the categories of women involved in this
question in the following verses, (which means): "And do not marry
those [women] whom your fathers married, except what has
alreadyoccurred. Indeed, it was an immorality and hateful [to
Allaah]and was evil as a way. Prohibited 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 [milk] mothers who nursed you, your sisters through
nursing, your wives' mothers, and your step daughters under your
guardianship [born] of your wivesunto whom you have gone in. But if
you have not gone in unto them, there is no sin upon you. And [also
prohibited are] the wives of your sons who are from your [own] loins,
and that you take [in marriage] two sisters simultaneously, except for
what has already occurred. Indeed, Allaah is ever Forgiving and
Merciful. And [also prohibited to you are all] married women except
those your right hands possess [i.e., slaves or war-captives who had
polytheistic husbands]. [This is] the decree of Allaah upon you. And
lawful to you are [all others] beyond these, [provided] that youseek
them [in marriage] with [gifts from] your property, desiring chastity,
not unlawful sexual intercourse..." [Quran 4:22-24]
Those who are Permanently Forbidden in Marriage
This category includes those whom one is forbidden to marry due to a
blood relationship as well as those who are forbidden due to marital
relations:
Those Permanently Forbidden due to Blood Relations
Descendants due to a relationship with a woman, regardless of how far
(a man's daughter, granddaughter, etc.).
Ascendants of women, regardlessof how far (mother, maternal
andpaternal grandmother, etc.).
Descendants from a man's parents, regardless of how far (sisters, half
sisters, sister's children, etc.)
Siblings of male and female ascendants, regardless of how far(paternal
and maternal aunts, great aunts, etc.).
One may notice that of these, the grandmother was not explicitly
mentioned in the verse. This is because frequently in Arabic and in
the Quran (as in some of the verses on inheritance), the term 'mother'
includes the grandmother and all her ascendants.
Those Permanently Forbidden due to Marital Relations
Wives of ascendants, regardless of how far (the father's wife,
grandfather's wife, etc.). Consummation is not a condition;the mere
completion of the marriage contract makes this marriage forbidden
forever.
Wives of descendants, regardless of how far. Again, the mere marriage
contract is what is considered here with or without consummation.
Ascendants of wives (such as the mother-in-law), regardless of whether
the marriage was consummated or not.
Descendants of wives (step-daughters and their children) only if the
man consummated the marriage with the wife in question. The phrase
(which means) '…Under your guardianship…' was mentioned here only to
portray the usual case and not as a condition. The ruling holds
whether the step-daughter was ever under hiscare or not. This is the
opinion of the majority of scholars.
Those Permanently Forbidden due to Breast Feeding
The verse actually mentions 'mothers' and 'sisters' by breast feeding.
From these two, others can be derived based on the Hadeeth
(narration) of the Prophet : "Breast feeding makes forbidden what is
forbidden through blood relations." [Muslim]
The Prophet was asked to marry the daughter of his uncle Hamzah but
his response wasto say: "She is not permissible forme. She is the
daughter of my brother through breastfeeding. And breastfeeding
forbids what is forbidden through blood relations." [Al-Bukhaari &
Muslim]
The brother of a woman who hadbreastfed 'Aa'ishah came to visit her.
She refused to let him inuntil she asked the Prophet if it was
permissible to do so, and he said: "Give him permission, forhe is our
uncle." [Al-Bukhaari & Muslim]
The Minimum Requirement for Breast Feeding
There is a wide variety of opinions on how many 'sessions' of
breastfeeding create the prohibition including one, three, five, seven
and ten sessions. A common opinion is that the childmust have nursed
on three separate occasions; this is based on the Hadeeth: " The
prohibitionis not established by one suck or two."
The strongest opinion is that of Imaams Maalik and Abu Haneefah and
'Ali bin Abu Taalib, 'Abdullaah bin 'Umar, and 'Abdullaah bin 'Abbaas
and others, which is that a single session is sufficient. This is the
strongest opinion because it is consistent with the apparent meaning
of the word Ridhaa'ah (breastfeeding) in the above-mentioned verses as
well as the related Hadeeths; also, the above Hadeeth could be easily
taken to refer to 'sucks' and not 'sessions.'So, in other words, if
the baby merely sucks once or twice, it does not count unless the baby
completes the 'session', drinking to satisfaction.
Women Included in this Category
One's female ascendants throughnursing. This includes the womanwho
nursed him and her mother,etc. The husband of the wet nurse is
considered the 'cause' of the milk involved. So, for example, if a
girl is nursed by a woman, that woman's husband becomes forbidden to
her just as her own biological father is.
Descendants through nursing. The man who is the 'cause' of themilk is
forbidden from marrying the one his wife nursed or their children,
etc.
Descendants of 'parents' throughnursing, (i.e., the 'sisters'). One
cannot marry any of the children (either by blood or nursing) of the
wet nurse or her husband.
Siblings of ascendants by nursing (i.e., brothers and sisters of the
wet nurse or her husband). This does not include their children
('cousins' by nursing).
Note the following important point as stated by Shaykh Ibn 'Uthaymeen
: "The relatives of the child that is nursed, exceptfor his/her
children, have no relation to the breastfeeding mother [or her
husband] and there is no effect on them from that nursing. So, it is
allowed for a boy's blood brother to marry his brother's wet nurse or
her daughters. However, the children of the child who was nursed will
become like the children of the wet nurse and her husband in the same
way that their father (the one originally nursed) was a 'child' (by
nursing) to those two."
Those Forbidden for Temporary Reasons
The second category of women a man is forbidden to marry consists of
those forbidden for temporary reasons. If the reason ceases to exist,
marriage between them becomes lawful. They include the following:
While being married to a woman,a man cannot marry her sister or any of
her aunts (paternal or maternal). The first was mentioned in the
verses previously mentioned and the second is mentioned in the
following Hadeeth:
"The Prophet prohibited joining (in marriage at the same time) a woman
and her paternal aunt or a woman and her maternal aunt." [Al-Bukhaari
& Muslim]
If a person divorces his wife threetimes, it is not allowed for him
tomarry her again until and unless she marries someone else (but not
as a trick in order to marry him again), consummates that marriage and
that marriage is subsequently legally ended.
Any woman if a man already has four wives.
Marrying a slave girl when one is already married to a free woman.
Marrying a woman who is alreadymarried or who is in 'Iddah (waiting
period). A woman in 'Iddah due either to her husband's death or
divorce is notallowed to marry until it is finished.
A woman upon whom a man has made Li'aan, unless he confesses to having
made it up. Al-Li'aan in Arabic is when the husband accuses the wife
of adultery but cannot bring witnesses, so he swears that it occurred
and the two are separated after the wife swears that she is innocent.
He can never marry her again unless he confesses that he was lying
about it.
A woman who is neither Muslim nor Jewish nor Christian.
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