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Sharia Law of Islamic Marriage

 

 


 

Fiqh of Islamic Wedding

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Marriage Prohibited to a Married Women

As long as a woman is married, her marriage to any other man is prohibited. She may marry another man only when two conditions are fulfilled:

1. Her marriage tie is broken either because of the death of her husband or because of divorce;

2. She has completed the period of waiting ('iddah) ordained by Allah. For a pregnant woman this period ends when she delivers the baby. If she is widowed but not pregnant, the period of 'iddah is four months and ten days, while if she is divorced and it is not known whether or not she is pregnant, the 'iddah is three menstrual cycles. This 'iddah relates to the woman who has menstrual periods; for a woman who does not menstruate, the 'iddah is three months. Allah Ta'ala says: "And divorced women shall wait concerning themselves for three monthly periods. And it is not permissible for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day." (2:228) "...and As for those who have no further expectation of menstruation among your women, if you are in doubt, the waiting period is three months, as well as for those who have no menses. And for those who are pregnant, their period is until they deliver their burdens." (65:4) And, "For those of you who die and leave behind widows, they shall wait concerning themselves for four months and ten days..." (2:234)

Of these fifteen categories of female relatives to whom marriage is prohibited, fourteen are mentioned in Surah al-Nisa: "And do not marry those women whom your fathers married, except what is past; indeed, it was an indecency and an abomination, and an evil path. Forbidden to you are your mothers and your daughters, and your sisters and your father's sisters and your mother's sisters, and your brothers' daughters and your sisters' daughters, and your foster mothers and your foster sisters, your wives' mothers, your stepdaughters under your guardianship born of your wives to whom you have gone in—and if you have not gone into them there is no blame on you—and the wives of your sons proceeding from your loins, and that you should marry two sisters at one time, except what is past; indeed Allah is Forgiving, Merciful." (4:22-23) The prohibition against being married to a woman and any of her aunts at the same time is derived from the hadith cited above.

 

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