Rafed English

Miscellaneous issues of Marriage








·    Issue 849: When it was conditional in the contract that the woman whom is to be married is a virgin, then, it becomes clear that she is not a virgin, it is permissible for (the man) to invalidate the marriage.








·    Issue 850: The obligatory precaution is that the unrelated man and woman not find themselves in a place where there is no one other than them or it is not possible for others to enter upon them. If they pray there, there is an objection to their prayer.








·    Issue 851: When the intention of a man from the onset was not to pay the dowry to his wife, the contract is proper and it is obligatory upon him to pay the dowry to her.








·    Issue 852: When a Muslim whose parents or one of his parents were Muslim, apostates, meaning that he rejects the existence of Allah or the Prophethood of the Messenger of Allah, peace be upon him and his family, or he rejects one of the imperative beliefs (Dharooriyaat), like the obligation of prayer or fasting whereas its meaning is to reject the existence of Allah or the Prophethood of the Messenger of Allah, peace be upon him and his family, his marriage is invalidated. It is obligatory upon his wife that she withdraw from him and observe the seclusion ('Iddah) of a deceased husband (i.e. four months and ten days). It is permissible for her after the seclusion ('Iddah) to marry another man. When she was menopausal or he had never had intercourse with her, there is no need for the seclusion.








·    Issue 853: When, as part of the contract, the woman makes it conditional that her husband not take her out of so and so city, it is not permitted for her husband to remove her from that city without her consent.








·    Issue 854: He who marries his son to a girl, it is permissible for him to marry her mother. Likewise it is when he married her mother first, then, married his son to that daughter.








·    Issue 855: When a woman becomes pregnant in an illegal manner, it is not permitted that she abort her pregnancy intentionally. The child is deemed hers and is a close relative (Mahram) for her, only she does not inherit from him.








·    Issue 856: When a woman is certain that her husband has died while traveling and she observed the seclusion ('Iddah) of death (whose mention will come in the rules of divorce), then, she re-married, then, her first husband returned from the journey. It is obligatory for her to separate from the second husband immediately and she is lawful for her first husband and there is no need for seclusion ('Iddah) when the second husband had not had intercourse with her. However, when the second husband had intercourse with her, it is obligatory that she observe seclusion ('Iddah). According to obligatory precaution, the second husband must pay her the dowry agreed upon between them. When the standard dowry (Mahr Mithl) is more that the named dowry, he must pay the standard dowry.


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