(v) Being crippled, even if it is not the extent of immobility.
(vi) Presence of flesh or a bone in the woman's uterus, which may or may not obstruct sexual intercourse or pregnancy. And if the husband finds that the wife at the time of marriage, suffered from ('Ifdah)- meaning that her urimary and menstrual tract have been one, or her menstrual passage and rectum have been one, he cannot annul the marriage. As an obligatory precauton, he will have to pronounce the divorce if he wants to dissolve the marriage. 2388. A woman can annul the marriage in the following cases, without obtaining divorce:
- (i) If she comes to know that her husband has no male organ.
(ii) If whe finds that his penis has been cut off before or after the sexual intercourse.
(iii) If he suffers from a disease which disables him from sexual intercourse, even if that disease was contracted after reciting the formula of marriage, or before or after the sexual intercourse.
- (i) If she comes to know after the marriage, that the husband was insane at the time of marriage; or if becomes insane after the marriage, before or after the consummation of the marriage.
(ii) If she finds out that at the time of marriage, the husband had been castrated.
(iii) If she learns that he suffered at the time of marriage from leprosy or leucoderma.
2390. If the wife annuls the marriage because of the husband's inability to have sexual the husband should give her half of her Dower. But, if the man or the wife annuls the marriage because of one of the other deficiencies enumerated above, and if the marriage has not been consummated, he will not be liablea for anything. But if the marriage was consummated, he should pay her full Dower. If the husband annuls the marriage due to the deficiencies mentioned in rule 2389, he will not be liable for anything if he has not had sexual intercourse with her. But if he has had sexual relation with her, then he has to pay full Dower.
Women with Whom Matrimony is prohibited
2391. Matrimonial relation is prohibited with women who are one's Mahram, for instance, mother, sister, dauther, paternal aunt, maternal aunt, niece (one's brother's or sisters daughter) and mother-in-law.
2392. If a man marries a woman, then her mother, her maternal grandmother, her paternal grandmother and all the women as the line ascends are his Mahram, even if he may not have had sexual intercourse with the wife.
2393. If a person marries a woman, and has sexual itercourse with her, the daughters and grand-daughters (daughters of sons, or of daughters) of the wife and their descendants, as the line goes low, become his Mahram, irrespective of whether they existed at the time of his marriage, or were born later.
2394. If a man marries a woman. But does not have sexual intercourse with her, the obligatory precaution is that as long as their marriage lasts; he should not marry her daughter.
2395. The paternal and maternal aunt of a man, and the paternal and maternal aunt of his father, and the paternal and maternal aunt of his paternal grandfather, and the paternal and maternal aunt of his mother, and the paternal and maternal aunt of his maternal grandmother, as the line ascends are all his Mahram.
2396. The husband's father and grandfather, however, high, are the wife's Mahram. Similarly the husband's sons and the grandsons (son of his sons or of daughter), however low, are her Mahram, regardless of whether they existed at the time of her marriage or were born afterwards.
2397. If a man marries a woman (whether the marriage is permanent or temporary) he cannot marry her sister, as long as she is his wife.
2398. If a person gives a revocable divorce to his wife, in the manner which will be explained under the rules relating to "Divorce", he cannot marry her sister during the Iddah (period of three months and ten days). But if it is the Iddah if temporary marriage, the obligatory precaution is that one hould not marry his wife's sister during that period.
2399. A man cannot marry the niece (brother's or sister's dauthers) of his wife without her permission. But if he marries his nieces without his wife's permission, and she later consents to the marriage, it will be in order.
2400. If the wife learns that her husband has married her niece (brother's daughter or sister's daughter) and keeps quiet, and if she later consents to that marriage it will be in order. If she does not consent later, the marriage will be void.
2401. If before marrying his maternal or paternal aunt's daughter, a person commits incest (sexual intercourse) with her mother, he cannot marry tht girl on the basis of precaution.
2402. If a person marries his paternal or maternalol aunt's daughter, and after having consummated the marriage, commits incest with her mother, this act will not become the cause of their separation. And the same rule applies if he commits incest with her mother after the marriage, but before having consummated the marriage with her, although the recommended precaution is that in this circumstance he should separate from her by giving her divorce.
2403. If a person commits fornication with a woman other than his paternal or maternal aunt, the recommended precaution is that he should not marry her daughter. In fact, if he marries a woman, and commits fornication with her mother before having sexual intercourse with her, the recommended precaution is that he should separate from her, but if he has sexual intercourse with her, and thereafter commits fornication with her mother, it is not necessary for him to get separated from her.
2404. A Muslim woman cannot marry non Muslim man, and a male Muslim also cannot marry a non- Muslim woman from those are not Christian and Jewish. However, there is no harm in contracting temporary with Jewish and Christian women, but the obligatory precaution is that a Muslim should not take them in permanent marriage. There are certain sects like the Rebels, Extremists and the Anti-shi'ah who claim to be Muslims, but are classified as non-Muslims. Muslim men and women cannot contract permanent or temporary marriage with them.
2405. If a person commits fornication with a woman who is in the Iddah (period of three months and ten days) of her revocable divorce, as a precaution that woman becomes prohibited on him. And if he commits fornication with a woman who is in the Iddah of death (period of forty five days) he can marry her afterwards, although the recommended precaution is that he should not marry her.
The meaning of revocable divorce and irrevocable divorce, and Iddah of temporary marriage, and Iddah of death, will be explained under the rules relating to (Divorce).
2406. If a person commits fornication with an unmarried woman and who is not in Iddah, as a precaution, he cannot marry her till he has sought forgiveness from Allah, and repented. But if another person wishes to marry her before she has repented, there is no objection. If a woman is known as a lewd person, it will not be permissible to marry her till she has genuinely repented, and similarly, it is not permissible to marry a man known for his lustful character, till he has genuinely repented. If a man wishes to marry a woman of loose character, he should, as a precaution, wait till she becomes pure from her menses, irrespective of whether he had commited fornication with her, or anyone else had done so.
2407. If a person contracts marriage with a woman who is in the Iddah if another man, and if the man and the woman both know, or anyone of them knows that the Iddah of the woman has not yet come to an end, and if they also kow that marrying a woman during her Iddah is prohibited, that woman will become prohibited for the man forever, even if after the reciting the formula of marriage, the man may not have had sexual intercourse with her.
2408. If a person contracts the marriage with a woman who is in Iddah of another man, and has sexual intercourse with her, she becomses prohibited for him forever even if he did not know that she was in her Iddah, or did not know that it is prohibited to marry a woman during her Iddah.
2409. If a person marries a woman knowing that she has a husband, he should get separated from her, and should also not marry her at amy time afterwards. And the same rule will apply, as a precaution, if he did not know that the woman was already married, and had sexual intercourse with her after reciting the formula.
2410. If a married woman commits adultery, she on the basis of precaution, becomes prohibited permanently for the adulterer, but does not become prohibited for her husband. And if she does not repent, and persists in her action (i.e.,continues to commits adultery), it will be better that her husband divorces her, though he should pay her Dower.
2411. In case of the woman who has been divorced or a woman who contracted a temporary marriage and her husband forgoes the remaining period of marriage, or if the period of her temporary marriage ends, if she marries after some time, and then doubts whether at the time of of her second marriage, the Iddah of her first husband had ended or not, she should ignore her boubt.
2412. If a pubescent person commits sodomy with a boy, the mother, sister and daughter of the boy become prohibited for him. And the same Law applies when the person on whom sodomy is commited is an adult male, or when the person committing sodomy with immature one. But if one suspects or doubts whether penetration occured or not, then the said woman would not become prohibted.
2413. If a person marries the mother or sister of a boy, and commits sodomy with the boy after the marriage as a precaution they will become prohibited for him.
2414. If a person who is in a state of Ihram (which is one of the acts to be performed during the Hajj) marries a woman, the contract of marriage is void, and if he knew that it was prohibited for him to marry in a state of Ihram, he cannot amrry that woman again.
2415. If a woman sho is in a state of Ihram marries a man who is not in a state of Ihram, her marriage is void. And if she knew that it was illegal to marry in a state of Ihram, as an obligatory precaution, she should not marry that man thereafter.
2416. If a man does not perform circumambulation of women (which is one of the acts to be performed during Hajj and a single minor pilgrimage) is wife and other women become prohibited for him. Also, if a woman does not perform the circumambulation of woman, her husband and other men become prohibited for her. But, if they (man or woman) perform the circumambulation of woman later, become legal for her to marry.
2417. If a person contacts the marriage with non-pubescent girl, it is illegal to have sexual intercourse before she has completed her nine years. But if he commits sexual intercourse with her, she will not be prohibited for him when she becomes pubscent, even if she may have suffered the defloration (which has been described in rule 2389), though as a precaution, he should divorce her.
2418. A woman sho is divorced three times, becomes prohibited for her husband. But, if she marries another man, subject to the conditions which will be mentioned under the rules pertaining to (divorce), her first husband can carry her again after her secnd husband dies, or divorces her, and she completes the period of Iddah.