2494. If the father or paternal grandfather of a child, who resides in a different place, and it is not known whether she is alive or not, marries her to a boy, then if it is possible to derive sexual pleasure from during the marriage period, the girl will apparently become ma¦ram. However, if it is later realized that the daughter was in fact dead at the time of the marriage contract, the contract itself will be void and the persons who had apparently become ma¦ram to each other will become non-ma¦ram (to each other).
2495. If a man gifts the period of the temporary marriage to his wife, then in the event that he had engaged in intercourse with her, he will have to give all of what he had agreed to give her. However, if he did not have intercourse with her, he will have to give half of it. The recommend precaution in this case is that he gives all of it.
2496. If a man had contracted a temporary marriage with a woman, and the period of their marriage had come to an end, or he had gifted the remaining period to her, but her ‘iddah period has not yet ended, he may contract a permanent or temporary marriage with her.
2497. It is forbidden for a man to look at the hair or body of a non-m¡hram woman, be it with the intention of deriving pleasure or not, and be it accompanied with the fear of being lured into a sin or not. As for looking at her face and hands, if it is accompanied with the intention of deriving pleasure or the fear of committing a sin, it too is forbidden. The recommended precaution is that a man avoid looking at the face and hands of a woman, even if it is not accompanied with the intention of deriving pleasure or the fear of committing a sin.
Similarly, it is forbidden for a woman to look at the body of a man, except for the areas which are not usually covered in the practice of the religiously abiding people, such as the head, the face, the neck, the hands and the legs. In this case, it is permitted for a woman to look at the aforementioned places if it is not accompanied with the intention of deriving pleasure or the fear of being lured into a sin.
2498. Women who are not affected by calls to -cover themselves in the presence of a non-ma¦ram, be they Muslims on not, one may look at the parts of their bodies which they customarily do not have a habit of covering, provided that it is not accompanied with the intention of deriving pleasure or the fear of being lured into a sin.
2499. A woman must cover her hair and face from a non-m¡hram man. She should also cover her face and hands in the event that she has the intention of displaying them, and a man looks at them with the intention of deriving pleasure. The obligatory precaution is that she should also cover them in the event that a man looks at them with the intention of deriving pleasure, even though she may not have the intention of displaying them.
It is not obligatory to cover one’s head and hair from a non-b¡ligh child, except in the event that it arouses his passion, in which case the obligatory precaution is to cover them.
2500. It is forbidden to look at the private parts of another person, even the private parts of a discerning child, who can discern good from bad, even if it be from behind a glass window, or in a mirror, still water or anything similar.
A husband and wife may look at the entire body of each other. As for looking at the private parts of a k¡fir, it is forbidden based on obligatory precaution.
2501. A man and woman who are ma¦ram to each other may look at each other’s entire body, except for the private parts, if they do not have the intention of deriving pleasure.
2502. It is forbidden for a man to look at the body of another man, or a woman at the body of another woman, if it is accompanied with the intention of deriving pleasure.
2503. Obligatory precaution dictates that it is not permissible to look at the photo of a non-ma¦ram woman whom one recognizes, and she is a woman who heeds the calls to refrain from displaying herself to non-ma¦ram men.
2504. If a woman wishes to give an enema to another woman, or a man other than her husband, or wash his/her private parts, she should wear something on her hands so that her hands do not come in direct contact with his/her private parts. The same applies if a man wishes to give an enema to another man, or a woman other than his wife, or wishes to wash his/her private parts.
2505. If a woman is compelled to refer to a non-ma¦ram man for treatment, and the man is compelled to look at her and touch her body for treatment purposes, it is permissible. However, if he is able to treat her by simply looking at her, and not touching her body, he must not touch her body. Similarly, if he is able to treat her by touching her, he should avoid looking at her. In all cases, if he is able to treat her by putting on a pair of gloves, he should not treat her with his bare hands.
2506. If a person is compelled to refer to another individual for treatment, and that person is also compelled to look at his private parts while treating him, obligatory precaution dictates that he look at his private parts through a mirror. However, if there is no other way to treat the person without (directly) looking at his private parts, or if using a mirror entails hardship, it will not be problematic (to look directly at the private parts).
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.
