The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No. 2032- There are certain conditions for the conclusion of marriage. They are as follows: 1- On the basis of recommended precaution, the formula of marriage contract should be recited in correct Arabic. However if, the man and the woman cannot pronounce the formula in correct Arabic, they can pronounce the formula in any other language, and it is not necessary to appoint any representatives for pronouncing the formula in Arabic. However, the words in the other language must convey the meaning of the Arabic formula.2- The one who recites the formula should have the intention of concluding a contract. That is, their intention by uttering these words should be that she makes herself the wife of the man, and the man accepts her as his wife. The representative should also have the same intention.3- The person who pronounces the formula should be sane, and as an obligatory precaution, he should also be mature, though he may represent someone else.4- If the formula is pronounced by the agent or legal guardian of the man and/or the woman, they should specify the man and/or the woman. Hence, if a person has more than one daughter, he cannot say to a man, “زَوَّجْتُکَ اِحْدي بَناتي (i.e., I have married off one of my daughters to you)”.5- The woman and the man should be willing to enter into matrimonial alliance. If however, one of them seemingly displays hesitation while giving the consent, but it is known that he/she is agreeable to the marriage in his/her heart, the marriage is in order.6- The formula of marriage should be pronounced correctly, and if it is recited in a way that the meaning is changed, the marriage contract will be void. However, there is no harm if the meaning is not changed.

Issue No. 2033- If a person pronouncing the formula does not know the Arabic grammar but utters the words of the marriage contract correctly and also comprehends the meaning, his marriage will be valid.

Issue No. 2035- If the woman and the man, or any one of them, is coerced into matrimony, and they give consent after the contract of marriage has been pronounced, the obligatory precaution is to pronounce the formula of the marriage again.

Issue No. 2036- The father and the paternal grandfather can contract a marriage on behalf of their minor or insane son or daughter, and after the minor becomes mature or the insane becomes sane, it should not, as an obligatory precaution, be revoked.

Issue No. 2037- A virgin girl should obtain permission from her father or paternal grandfather for marriage but if she is rashīdah, (i.e., she is able to decide what is in her interest) and according to the prominent figures of the girl’s family the man and woman suit one another, however, the girl’s father disagrees, then there is no need for his permission anymore. The same ruling applies if a girl had married in the past.

Issue No. 2037- A virgin girl should obtain permission from her father or paternal grandfather for marriage but if she is rashīdah, (i.e., she is able to decide what is in her interest) and according to the prominent figures of the girl’s family the man and woman suit one another, however, the girl’s father disagrees, then there is no need for his permission anymore. The same ruling applies if a girl had married in the past.

Issue No. 2038- If the man comes to know after marriage that his wife has one of the following seven defects, he can revoke the marriage:1- Insanity 2- Leprosy 3- Leucoderma 4- Blindness 5- Being crippled in a way that is evident.6- ‘Ifḍā’ means that the woman’s urinary and menstrual tract, or her menstrual passage and rectum have become one, and in general, the tear is in a way that sexual intercourse is not possible. 7- Presence of flesh, a bone, or a gland in the woman’s uterus, which may obstruct sexual intercourse.

Issue No. 2039- The woman can also revoke the marriage in the following cases:1- Insanity of the husband. 2- Having no male organ.3- Being incapable of having sexual intercourse.4- His testicles have been removed (details of this issue and the previous one can be found in detailed books of Jurisprudence).

Issue No. 2040- If either the man or woman revokes the marriage owing to one of the defects mentioned in the last two issues, divorce is not required and the revocation will be sufficient.

Issue No. 2041- If the wife revokes the marriage because of the husband’s inability to have sexual intercourse, the husband should give her half of the mahr. However, if the man or the wife revokes the marriage because of one of the other defects enumerated above, and if sexual intercourse has not taken place, the husband will not be liable for anything. In case, however, he has had sexual intercourse with her, he should pay her full mahr as an obligatory precaution.

Issue No. 2042- Matrimonial relation is haram with women who are one’s maḥram, for instance, the mother, daughter, sister, paternal aunt, maternal aunt, niece (one’s brother’s or sister’s daughter), wife of one’s father, daughter of one’s wife and mother-in-law, details of which will come in the following issues.

Issue No. 2043- If a man marries a woman, even if he may not have had sexual intercourse with her, her mother, her mother’s mother, her father’s mother and all the women as the line ascends are his maḥram. However, the daughter of one’s wife, and the grand daughters of that woman (daughters of daughters or sons) will become haram to that man if he has had sexual intercourse with her.