Miscellaneous Rules Concerned to Marriage
Miscellaneous Rules Concerned to Marriage
2450. If a person gets entangled in prohibited acts owing to his not having a wife, it is obligatory for him to marry.
2451. If the husband makes it a conditon before contracting the marriage, that the woman should be a virgen, and it trasnpires after marriage that she is not virgin, he can repudiate the marriage. Howerver, he can debut and take the difference between the Dower usually paid for a virgin woman and that of the one who is not a virgin.
2452. It is prohibited for a man and a woman, who are not Mahram, to be together at a private place where there is no one elso, if it is feared to lead to immorality and scandal, even if it is a place where another person can easily arrive. But if there is no fear of any evil, there is no objection.
2453. If the man fixes the Dower of the woman at the time of marriage contracting, but intends not to give it, the marriage contract is in order, but he will be indebted to her.
2454. A Muslim who renounces Islam and adopts a non- Muslim faith is an apostate, and they are of two types: Fitri (natural) and Mini. Fitri apostate is one whose parents or one of them were Muslims when he was born, and he himself was also a Muslim, till after having reached the discerning age and thereafer he converted to become a non-Muslim. A Mini is exactly the opposite.
2455. If a woman becomes an apostate after marriage, her marriage becomes void, and if her husband has not had sexual intercourse with her, she is not required to observe any Iddah. And the position will be the same if she apostates after sexual relation, but she had reached menopause (Ya'isa), or if she was a minor. And if she had reached menopause,she should observe the Iddah as will be explained in the rules of (divorce). And it is commonly held that if she becomes a Muslim during her Iddah, her marriage remains intact. Howerver, it is improbable that this should be valid, and therefore, precaution should not be abandoned. A Ya'isa is a woman who has reached 50 years of age, and because of that advanced age, she stops seeing the menstruation and does not expect to see it again through her life.
2456. If a man becomes a Fitri (natural) apostate after the marriage has been contracted, his wife beomes prohibited for him to marry her and should observe the Iddah of death in a way which will be explained in the rules relating to divorce.
2457. If a man becomes a Mini apostate after contracting the marriage, his marriage beomes void. And if he has not had sexual intercourse with is wife, or if she has reached menopause, or if she is a minor, she need not to observe the Iddah. But if he apostates after having sexual intercourse with is wife, who happens to be of the age of woman who normally have manstrual discharge, she should observe the Iddah of divorce, which will be explained under the rules relating to the divorce. And it is commonly held that if her husband becomes a Muslim before the completion of her Iddah, their marriage remains intact. However, it is improbable that this is correct, but, a precaution should not be abandoned.
2458. If the woman imposes a conditon at the time of contracting the marriage that her husband will not take her out of the town, and the man also accepts this conditon, he shuld not take her out of that town against her will.
2459. If a woman has a daughter from her former husband, her second husband can carry that girl to his son, who is not from this wife. Also, if a person marries his son to a girl, he himself can marry the mother of that girl.
2460. If a woman becomes pregnant as a result of fornication or adultery, it is nto permissible for her to have an abortion (period that takes place at the following of giving birth).
2461. If a man commits fornication with a woman who has no husband, nor is she in any Iddah, and later marries her, and a child is born for them, and they do not know whether the child is the outcome of the legitimate relation or otherwise, the child will be considered legitimate.
2462. If a man does not know that a woman is in her Iddah, and he marries her, and if the woman, too, does not know, (that she is in her Iddah) and a child is born to them, the child is legitimate and according to the Islamic Laws belongs to both of the them. However, if the woman was aware that she was in her Iddah, and that during Iddah marriage is not permissible, the child according to the Islamic laws belongs to the father, and in either case their marriage is void, and they are prohibited for each other.
2463. If a woman says that she has reached menopause, her word may not be accepted, but if she says that she does not have a husband, her word is acceaptable, except when she is known to be unreliable, in which case, investigation will be necessary.
2464. If a man marries a woman after her assertion that she does not have a husband, and if some one claims later that she was his wife, his claim will not be heeded unless it is proved to be true according to the Islamic Laws.
2465. Until a son or a daughter completes two years of his/her age, his/her father cannot separate him/her from his/her mother. And as a precaution, a child should not be seperated from its mother till it is seven years old.
2466. If a person proposing a marriage is known for his virtues and faith, then it is recommended that his proposal should not be rejected. The Prophet (S) is reported to have said: Whenever you receive a proposal for marriage on your daughter from a man whose virtue and piety pleases you, then you give her hand in his hand in marriage. For if you do not do this way, great scandals and lapses will fill the earth).
2467. If a woman compromises her Dower with her husband, on a condition that he will not marry another woman, it is obligatory upon him that he does not marry another woman, and that the wife should not claim her Dower.
2468. If an illegitimate person marries, and a child is born to him, that child is ligitimate.
2469. If a person has sexual intercourse with his wife during fast in Rammdan month or when she is in her menses, he commits a sin, but if a child is conceived, it is ligitimate.
2470. If a woman, who is sure that her husband died while on journey, she marries another man after completing the Iddah of death, (which will be explained in the rules related to the (Divorce) and later her first husband returns from the journey, she should immediately separate herself from her second husband, and she will be lawful for her first husband. But, if the second husband has sexual intercourse with her, she should observe the Iddah and the second husband should give her proper Dower equal to that of the women similar to her category, but she is not entitled to subsistence during the Iddah.
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