2507. If a person falls into sin on account of not having a wife, it is obligatory on him to get married.
2508. If the husband stipulates within the marriage contract that his wife be a virgin, but after the marriage he realizes that she has lost her virginity before the marriage, or (comes to know) by the confession of the woman herself, or a proof authorized by the shari’a, then even though the husband’s right to the option of annulment is not without just cause, the obligatory precaution is that in the event he annuls the marriage, he should also divorce her. The man may also reclaim a portion of the mahr by considering the ratio of the difference between the mahr of a virgin and a non-virgin, regardless of whether he chooses to annul the marriage or continue the marriage.
2509. It is forbidden for a man and a woman to remain in a secluded area where no one else—not even a discerning child—is present, in the event that the possibility of being lured into a forbidden act exists.
2510. If a man specifies the woman’s mahr within the marriage contract, but does not have the intention of giving it, then given that the woman’s consent to the marriage is not contingent on the man’s intention of giving the mahr, the marriage contract will be valid. However, the man must give the mahr.
2511. A Muslim who rejects Islam and becomes a k¡fir, is known as a murtadd (apostate). The definition of a k¡fir was given in article 107.
Apostates are of two types:
1. Fi§ri: a fi§ri apostate is an individual who is born of a mother or father who is a Muslim, and after becoming b¡ligh and reaching mental maturity, he rejects Islam of his own volition.
2. Milli: a milli apostate is an individual who is born of a mother and father who are k¡fir, and after converting to Islam, he rejects it.
2512. If a woman becomes an apostate after marriage, then in the event that her husband has not consummated the marriage with her, the marriage is annulled and she will not have to observe an ‘iddah. The same will apply if he has consummated the marriage, but she has not completed nine years of age, or she is a y¡’isah ({^ The term y¡Þisah was defined in article 441^}) . However, if she has completed nine years of age, and she is not a y¡’isah, she will have to observe an ‘iddah as it will be explained in the precepts of divorce. If she remains an apostate until the end of the ‘iddah period, the marriage contract will be void. However, if she reverts to Islam within the ‘iddah period, it will (still) be problematic to claim the continuation of the marriage. Obligatory precaution dictates that should the husband wish to remain with her, he should marry her again, and should he wish to separate from her, he should divorce her.
2513. If a man born to a Muslim, even if it be only one of his parents, becomes an apostate, his wife becomes unlawful to him. She must observe the ‘iddah of a woman whose husband has died, which will be elaborated in the precepts of divorce.
2514. If a man who was born to a mother and a father who were not Muslim, becomes a Muslim, but after his marriage he rejects Islam, then in the event that he has not consummated his marriage, or if his wife has not completed nine years of age, or if she is a y¡’isah, the marriage contract will be void and the woman will not have to observe an ‘iddah. However, if he becomes an apostate after consummating the marriage, and his wife has completed nine years of age, and she is not a y¡’isah, the woman will have to observe the ‘iddah of a divorce, as it will be elaborated in the precepts of divorce. In this case, if the man does not revert to Islam prior to the completion of the ‘iddah, the marriage contract will be void, and if he does revert to Islam before the completion of the ‘iddah, to claim the continuation of the marriage contract is problematic. The obligatory precaution is that if the man wishes to remain with the woman, he should marry her again, and if he wishes to separate from her, he should divorce her.
2515. If a woman stipulates within the marriage contract that the man should not take her out of the city, and the man accepts the condition, he must not take her out of the city without her consent.
2516. If a woman has a daughter from her previous husband, her subsequent husband may marry his son—who was not born to the same woman—to that daughter.
If a man marries his son to a girl, he may also marry the mother of the girl.
2517. If a woman becomes pregnant through adultery, then in the event that the woman, the man or both of them are Muslims, it is not permissible for the woman to abort the child. Based on obligatory precaution, the same applies in the case where none of them are Muslims.
2518. If a person commits adultery with a woman who is not married, and neither is she observing the ‘iddah of a man, then in the event that he marries her after she undergoes istibr¡’ (as elaborated in article 2463), and a child is born to them, then if they do not know if he was conceived of a lawful drop of seminal fluid, or an unlawful one, the child is without objection a legitimate child. However, if he marries her before she undergoes istibr¡’, and engages in intercourse with her, it will be objectionable.
2519. If a man does not know that woman is in an ‘iddah, and he marries her, then in the event that the woman does not know it either, and a child is born to them, he will be a legitimate child, and he will be considered the child of both of them, according to the shari’a. However, if the woman knew that she was in an ‘iddah, the child will be the child of the father according to the shari’a.
If a woman was certain that she was in her ‘iddah, but doubts whether she has completed it or not, she will be subject to the rulings of a woman who knows that she is in her ‘iddah.
In all cases, their marriage contract is void, and they are unlawful to each other.
2520. If a woman claims to be a y¡’isah, one should not take her word. However, if she claims that she is not married, her word is to be accepted.
2521. If a woman claims that she is not married, and subsequently a man marries her, but later on someone claims that the woman did in fact have a husband, then in the event that the person’s claim is not established according to the shari’a, his claim should not be accepted.
2522. A father cannot separate a son or daughter from his/her mother before he/she completes two years of age. The obligatory precaution is that a daughter should not be separated from her mother until she completes seven years in age.
2523. If a marriage proposal is received from a person who has the desired religiosity and conduct, it is recommended that a person hasten in giving his b¡ligh daughter to him in marriage.
2524. If a woman settles her mahr with her husband in return for him not marrying another woman, she can no longer claim her mahr and it is obligatory on him that he not marry another woman.
2525. If a person is born out of wedlock, gets married and has children, they will be legitimate children.
2526. If a person has intercourse with his wife in the month of rama¤¡n, or when she is in the state of ¦ay¤, he will have committed a sin. However, if a child is born to them, he will be a legitimate child.
2527. If, due to the disappearance of her husband, a woman is convinced that —for example— he died on a journey, then, following the completion of her ‘iddah period as defined in the precepts of divorce, she marries another man, yet, subsequently, her original husband returns, she will still be considered his lawful wife, and she will have to separate herself from her second ‘husband’. However, if they had already engaged in sexual intercourse, she should observe ‘iddah after which she would return to her previous husband. The second husband will also have to return her dowry although he will not have to pay for her expenses during her waiting period (‘iddah).
