Introduction
Marriage in Islam is a sacred institution with specific guidelines and prohibitions based on the injunctions of the Qur’an and Hadith. This article provides a comprehensive understanding of the legal disabilities or prohibitions in marriage as guided by Islamic principles.
Etymology and Background
“Marriage” in Arabic is referred to as “nikah” (نكاح), meaning to contract together. The term “prohibitions” translates to “tahrim” (تحريم), meaning to make unlawful or forbidden. The regulations are drawn primarily from the Qur’an, the sayings of Prophet Muhammad (Hadith), and the canonical texts of Islamic jurisprudence (Fiqh).
Legal Categories and Protections
Consanguinity (Blood Relations)
Definition: Prohibitions based on consanguinity prevent marriage between individuals related by blood. This includes:
- Mother, grandmother, sister, niece, aunt, etc.
Notable Verse: The Qur’an clearly states: “Marry not women whom your fathers have had to wife (except what is already past), for this is an uncleanliness and abomination, and an evil way.” (Sūrah iv. 26-27)
Affinity (Relation by Marriage)
Definition: The prohibitions extend to individuals connected through marriage:
- Mother-in-law, step-grandmother, daughter-in-law, etc.
Fosterage (Radaʿa)
Definition: Islamic law restricts marriage based on foster relationships:
- Foster mother, foster sister (under specific conditions)
Cultural Specificity: Sunnis and Shia schools have minor divergences in the strictness of these rules, for example, the number of nursing times required to establish a foster relationship.
ʿIddah and Marriages during Waiting Period
Definition: Regulations mandate that a man cannot marry a woman who is completing her ʿiddah, the waiting period post-divorce or the death of her spouse.
Inter-faith Marriages
Overview:
- A Muslim man can marry a Jewess or Christian, but not a polytheist or Majūsīyah.
- Sunnis and Shia disagree on some nuances, with more lenient Sunni attitudes towards specific intermarriages.
Interesting Fact: Sabeans fall into distinct categories in Islamic law, with different scholars providing varying rulings.
Prohibitions Relating to Repudiation and Divorce
Definition: After issuing three divorces or ṭalāq, a man cannot remarry the woman unless she marries another man, consummates, and divorces or dies.
Cultural Differences and Synonyms
- Synonyms: Nikah (Marriage), Muharramat (That which is forbidden), Tahrim (Prohibition), Mahram (Unmarriageable kin).
- Antonyms: Halal (Permissible), Jāʿiz (Legitimate), Muʾāmalāt (Permitted interactions).
- Related Terms: Fiqh (Islamic Jurisprudence), Sharia (Islamic Law), Radaʿa (Fosterage).
Exciting Facts and Quotations
Quotations
- “The prohibitions founded on consanguinity (taḥrīmu ʾn-nasab) are the same among the Sunnis as among the Shiahs.” — Syed Ameer Ali
- “Marry those that are lawful, and leave that which is suspect.” — Hadith
Facts
- Fostering laws are more stringent in Shia communities compared to Sunni.
- A muʿtaddah during her ʿiddah period is shielded from remarriage to ensure the lineage certainty.
Suggested Literature and References
- “Personal Law of the Muhammadans” by Syed Ameer Ali
- “Islamic Family Law” by Noel James Coulson
- “Women and Gender in Islam” by Leila Ahmed
Quizzes for Understanding
Inspirational Farewell
Embark on your journey to expand your understanding, respect the sacred intricacies of Islamic law, and contribute to an enlightened society built on knowledge. Dive into these texts to uncover the layers of wisdom in the teachings of Islam.
Fatimah Al-Rashid
October 3, 2023
