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Sharia Law of Islamic Marriage

 

 


 

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Women To Whom Marriage is Prohibited in Muslim Marriage

It is permanently haram for a Muslim to marry a woman who belongs to one of the following categories:

(1) The father's wife, whether divorced or widowed. During the period of jahiliyyah such marriages were allowed. Then Islam prohibited them, for once a woman is married to a man's father she acquires the status of his mother, and this prohibition is out of honor and respect for the father. Moreover, as this inviolable prohibition leaves no room for sexual attraction between the son and his step-mother, they are able to develop a relationship of respect and honor.

(2) The mother, including the grandmothers on both sides.

(3) The daughter, including the granddaughters from the son or daughter.

(4) The sister, including the half, and step-sisters.

(5) The paternal aunt, whether she is the real, half, or step-sister of the father.

(6) The maternal aunt, whether she is the real, half, or step-sister of the father.

(7) The brother's daughter, i.e., his niece.

(8) The sister's daughter, i.e., his niece.

All these female blood-relatives are a man's muharramat and he is mahrem to his corresponding female relatives. Marriage to any mahrem whomsoever is permanently prohibited. The reasons for this prohibition are as follows.

(A) Entertaining any sexual thoughts concerning such close relatives as one's mother, sister, and daughter is instinctively abhorrent to human nature; there are even certain animals which avoid mating with such closely-related animals. The respect a man feels for his aunts is like the respect he has for his mother, and likewise uncles are regarded as fathers.

(B) Since the family must live together in intimacy and privacy but without incestuous relations, the Shari'ah intends to cut at the roots of any sexual attraction among such close relatives.

(C) Since there is natural love and affection among such close blood relatives, the intent of the Shari'ah is to expand the circle of love and kinship by prohibiting incest and thereby directing the man's search for women outside the family. Thus each marriage extends the sphere of love, bringing new people within this ever-expanding network of affection: "And He has put love and mercy between you." (30:21)

(D) The natural sentiments of love and affection between a man and the above-mentioned female relatives must be kept strong forever. If marriage were permitted between such relatives, it would cause jealousies, dissensions, and the disruption of families, destroying the very sentiments of love and affection which give cohesiveness and permanence to the family structure.

(E) The offspring of marriages to such close blood relatives would most probably be defective and weak. Moreover, if physical or mental defects are present in the members of a family, they would become more pronounced among the children of such marriages.

(F) The woman needs someone to champion her rights and support her case against her husband, especially when relations between the two of them become strained. If those women who could defend her became rivals, how would this be possible?
 

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