Marriage of a Muslim Man to Kaffir
Issue No. 2048- A Muslim woman cannot marry a non-Muslim. However, a male Muslim can marry an ahl al-kitāb (People of the book) woman, like Jews or Christians.
To Wed a Woman with whom He Committed Adultery when she was Married
Issue No. 2049- If a man (We seek refuge to Allah) commits adultery with a married woman, he cannot marry her after divorce as an obligatory precaution. However, if one did not know the ruling and they got married, they can continue their marriage.
Marry A Woman He Committed Adultery with Her in the Waiting Period of Ex-Husband
Issue No. 2050- If a man commits adultery with a woman who is in the ‘iddah period of someone else, he cannot marry her, as an obligatory precaution, irrespective of whether the divorce is revocable or irrevocable. However, if not knowing this rule, one gets married with such woman his marriage is in order.
To Wed a Woman who is without Husband with whom he Committed Adultery
Issue No. 2051- If a man commits adultery with a woman who is not in the ‘iddah period, he can marry her later. However, he should, as a recommended precaution, wait until she gets her menstruation and becomes ṭāhir, thereupon he may marry her.
To Wed a Woman with whom Made Marriage Contract within Waiting Period
Issue No. 2052- If a man contracts marriage with a woman who is in the ‘iddah period of another man, and if the man and the woman both know, or any one of them knows that she is in ‘iddah and also knows that marrying a woman during this state is haram, that woman will become haram for the man forever, irrespective of whether he has had sexual intercourse with her or not. However, if none of them knew that she was in ‘iddah nor did they know that contracting marriage during ‘iddah is haram, if they have had sexual intercourse with each other, the woman becomes haram to him forever, and if they have not had sexual intercourse, she does not become haram to him and they can marry each other after the ‘iddah. If their agent had executed the marriage formula on their behalf instead of them doing it directly themselves, they will not became haram forever in either of the two cases and can get married after the ‘iddah.
To Wed a Married Woman
Issue No. 2053- If a man contracts marriage with a woman knowing that she has a husband, he should get separated from her, and he cannot, on the basis of obligatory precaution, marry her afterwards, though he may not have had sexual intercourse with her.
Marriage of buggery doer with the mother or sister or daughter of Buggery Victim
Issue No. 2056- If a mature person commits sodomy with a boy, the mother, sister and the daughter of the boy become haram for him to marry, whether that boy is mature [1] or not. However, if the person committing sodomy is a minor, they do not become haram to him, and the same ruling applies when he doubts whether penetration occurred or not.
Marriage with a Person with whom One has Recited Marriage Formula During Ihram
Issue No. 2057- If a person marries the mother, sister or daughter of someone, and commits sodomy with him after the marriage, they will not become haram to him.
Marriage with a Person who has Abandoned Performing Tavafe Nisa
Issue No. 2058- If a person who is in the state of Iḥrām [the state in which ḥajj or ‘umrah are to be performed] marries a woman, the marriage is void, and if he knew that it was haram for him to get married in the state of Ihram, he cannot marry that woman again, irrespective of whether he has had sexual intercourse with her or not.
Marriage with an Immature Girl to whom Marriage is not Safe
Issue No. 2060- If a person contracts marriage with an immature [1] girl with the consent of her legal guardian, it is haram to have sexual intercourse with her before she has completed her nine years, and it is not allowed as an obligatory precaution even after she has completed her nine years if she is not ready physically. However, if he does have sexual intercourse with her and it leads to her ifḍā [2], she does not become haram to him, especially if she recovers due to undergoing an operation or treatment. Therefore, in order for a man to have sexual intercourse with a woman, in addition to the completion of nine years of age, it is necessary for the woman to be physically fit for this purpose, and if there is the fear of ifḍā or becoming defective, it is not allowed as an obligatory precaution to have sexual intercourse with her, even if she is mature.
A Woman who has Divorced Three Times
Issue No. 2061- A woman who has been divorced three times by her husband, becomes haram to her husband. However, if she marries another man with all the conditions which will be mentioned under the rules pertaining to ‘divorce’, and then gets divorced, she can marry her first husband again.
Leaving House without Husband's Permission
Issue No. 2062- A woman with whom permanent marriage is contracted, should not as an obligatory precaution, go out of the house without the permission of her husband, or to choose a job outside the house (whether it is a verbal permission or it is clear from the contexts that he consents to it), and she should not prevent him from having sexual intercourse with her without a religiously valid excuse. It is also obligatory upon the husband to provide her with food, clothes and housing and other essential things as usual, and also medical expenses, medicines, etc., and if he does not provide the foresaid accommodations and provisions, regardless of whether he is able to provide them or not, he remains, indebted to the wife.
