2448. It is forbidden for a man to marry women who are ma¦ram to him, such as his mother, sister, daughter, paternal aunt, maternal aunt, his nieces and his mother in-law.
2449. If a person marries a woman, then even though they may not have consummated the marriage, her mother, her maternal grandmother, her paternal grandmother, and every generation upwards, will become ma¦ram to him.
2450. If a person marries a woman and consummates the marriage with her, then her daughters, granddaughters, and every generation downwards will become ma¦ram to him, regardless of whether they are present at the time of the marriage contract or are born thereafter.
2451. If a person has not consummated his marriage with a woman, he may not marry her daughter as long as the woman is married to him.
2452. The paternal and maternal aunts of a person, and the paternal and maternal aunts of his father, and the aunts of his paternal grandfather or paternal grandmother are ma¦ram to him. Similarly, the paternal and maternal aunt of one’s mother, and the paternal and maternal aunt of his maternal grandmother or maternal grandfather are ma¦ram to him.
2453. The father and grandfather of one’s husband, and every generation upwards, and her son, grandsons—through the son or daughter—and every generation downwards are all ma¦ram to her, regardless of whether they are present at the time of the marriage contract or are born thereafter.
2454. If a person marries a woman in a temporary or permanent marriage, he may not marry her sister as long as she is married to him.
2455. If a person grants his wife—in the manner that will be explained in the section on divorce—a revocable divorce, he may not marry her sister during the ‘iddah period. Obligatory precaution dictates that the same should apply to him whilst she is undergoing the ‘iddah of a temporary wife. However, he can marry her sister whilst she is undergoing the ‘iddah of an irrevocable divorce.
2456. A person may not marry his wife’s niece without her consent. However, if he forms a marriage contract with his wife’s niece without her consent, but thereafter his wife consents to it, there will be no objection to it.
2457. If a woman realizes that her husband has married her niece, and she maintains silence, then in the event that her silence does not convey her consent, and she does not grant her consent thereafter, their marriage will be annulled.
2458. If a person who wishes to marry the daughter of his maternal aunt, commits adultery with her mother before marrying the daughter, he cannot marry the daughter anymore. Based on obligatory precaution, the daughter of a paternal aunt will also be subject to the same precept.
2459. If a person marries the daughter of his paternal or maternal aunt, and after consummating his marriage, he commits adultery with her mother, it will not annul their marriage. However if he commits adultery with her mother prior to the consummation of their marriage, the obligatory precaution is that he separate from his wife by divorcing her.
2460. If a person commits adultery with a woman other than his maternal or paternal aunt, the recommended precaution is that he avoids marrying her daughter.
If he marries a woman, and prior to consummating their marriage, he commits adultery with her mother, the obligatory precaution is that he separates from her by divorcing her. However, if he first consummates their marriage, and then commits adultery with her mother, he does not have to separate from her.
2461. A Muslim woman cannot marry a k¡fir man, nor may a Muslim man marry a k¡fir woman other than a woman from the Ahl al-Kit¡b. There is no objection in contracting a temporary marriage with a woman from the Ahl al-Kit¡b, and recommended precaution dictates that he avoids contracting a permanent marriage with her. He cannot however marry a woman from the Ahl al-Kit¡b in a temporary or permanent marriage without the consent of his Muslim wife.
As for some of the sects, such as the khaw¡rij, the ghul¡t and the naw¡sib, that consider themselves to be Muslims, but are subject to the rulings of k¡firs, a Muslim man or woman cannot marry them in a temporary or permanent marriage.
2462. If a person commits adultery with a woman who is undergoing the ‘iddah of a revocable divorce, based on obligatory precaution she becomes forbidden to him . However, if a person commits adultery with a woman who is undergoing the ‘iddah of a temporary divorce or an irrevocable divorce, or the ‘iddah of her husband’s death, he may later marry her.
The definitions for revocable and irrevocable divorces, the ‘iddah of a temporary divorce or the ‘iddah of a husband’s death will be elaborated in the section on divorce.
2463. If a person commits adultery with an unmarried woman who is not undergoing an ‘iddah, he may later marry her. The obligatory precaution is that he avoids marrying a woman who publicly offers to commit adultery, unless it is known that she has repented. The obligatory precaution in this case is that he waits until she observes ¦ai¤, and then he should marry her. If another man wishes to marry her, observing this precaution is recommended.
2464. If a man marries a woman who is undergoing the ‘iddah of her marriage to another man, then in the event that both or one of them was aware that her ‘iddah has not terminated, and that marrying a woman who is in her ‘iddah is forbidden, the woman will forever be forbidden for him (to marry), even if they had not consummated their marriage.
2465. If a person marries a woman who is undergoing the ‘iddah of her marriage to another man, and he consummates the marriage with her, then that woman will forever be forbidden for him (to marry), even if he was not aware that she was in her ‘iddah, or did not know that it is forbidden to marry a woman in her ‘iddah period.
2466. If a person knows that a woman is married, and that marrying her is forbidden, but he marries her nonetheless, he will have to separate from her and she will forever be forbidden for him (to marry). The same applies if he does not know that she is married, but consummates the marriage with her.
2467. If a married woman commits adultery, she does not become forbidden on her husband. In the event that she does not repent, and persists in committing adultery, it is better for her husband to divorce her. In either case, he will have to give her the mahr.
2468. If a woman who is divorced, marries again after a period of time, but then doubts whether the ‘iddah of her first husband had expired when she contracted the marriage with her second husband, or not, then in the event that whilst she entertains this doubt she also entertains that possibility that she was not oblivious of her ‘iddah while contracting the marriage, her marriage contract with the second husband will be in order. Otherwise, the marriage contract will be problematic.
The same applies to a woman who was involved in a temporary marriage, and her husband gifts her the remaining period, or the marriage period comes to an end.
2469. The mother, sister and daughter of a boy who has been sodomized are forbidden (in marriage) for the one who sodomized him, given that the latter is b¡ligh. The same applies based on obligatory precaution to his grandmother and his daughter’s daughter.
In the event that the one who sodomizes is b¡ligh, or the one who is sodomized is not b¡ligh, if a marriage is contracted, obligatory precaution dictates that the woman separate from the man through a divorce. The same applies if a marriage is contracted with his grandmother or the daughter of his daughter. If he doubts whether penetration occurred or not, they will not be forbidden for him to marry.
2470. If a person marries the mother or sister of a boy, and after marrying her he sodomizes the boy, they do not become forbidden for him, although the recommended precaution is that he separate from his wife through a divorce, especially if she is the sister of the boy. In the event that the one who sodomized the boy divorces his wife, the obligatory precaution is that he does not marry her again.
2471. If a person marries a woman whilst he is in the state of i¦r¡m, the marriage contract will not be valid. In the event that he knew that marrying a woman in the state of i¦r¡m is forbidden, that woman will forever be forbidden for him (to marry).
2472. If a woman who is in the state of i¦r¡m marries a man who is not in the state of i¦r¡m, the marriage contract will not be valid. In the event that she knew that contracting a marriage in the state of i¦r¡m is forbidden, based on obligatory precaution that man will forever be forbidden for her (to marry).
2473. If a man does not perform §aw¡f al-nis¡’, which is one of rituals of Hajj and ‘umrah al-mufridah, his wife and other women who had become forbidden for him (to marry) owing to the state of i¦r¡m, will not become lawful for him. If a woman does not perform §aw¡f al-nis¡’, the man will not become lawful for her. However, if they perform it later on, they become lawful to each other.
2474. It is forbidden for a man to engage in intercourse with a girl he has married until she becomes b¡ligh. However, if he engages in intercourse with her before she completes nine years, it will not be forbidden for him to have intercourse with her after she completes nine years, even if the intercourse had resulted in if¤¡’ (which was explained in article 2444).
2475. A free woman ({^ One who is not a slave. (editor) ^}) who has been divorced three times by her husband, becomes forbidden for her husband (to marry). However if she marries another man with the conditions that will be elaborated in the section on divorce, her first husband may marry her again after the second husband divorces her or after he passes away, and she completes her ‘iddah.
