The Rules in Matrimony and Marriage

:Ayatullh Makarim Shirazi

2013/06/18

1052

· Issue 794: Matrimony is one of the recommended acts. When one fears that he will fall into committing the unlawful due to his abstinence from marriage, marriage is obligatory for him.

· Issue 795: The man and woman become lawful for one another by means of the matrimonial contract. (The matrimonial contract) is of two types: Permanent marriage and temporary marriage. The woman married with the permanent matrimonial contract is called Daa`imah.

Temporary marriage is that a woman is married for a specific period, be it short or long. It is called Mut'ah marriage by virtue of the terminology of the Qur`an. Temporary Marriage has the same rules as permanent marriage with respect to the 'Iddah after divorce and other rules.

· Issue 796: A verbal Seeghah is conditional in the matrimonial contract, whether it be permanent or temporary and mere agreement of the two sides (of the contract) is not sufficient. It is permissible for the two sides or their representatives to perform the Seeghah of matrimony.

· Issue 797: The representation of a man by a woman and the representation of a woman by a man is proper for the purpose of executing the Seeghah of matrimony.

· Issue 798: When a woman or a man authorizes a person to perform the Seeghah of matrimony as a representative of them, they will not become lawful for one another as long as they are not certain that the representative (Wakeel) has performed the Seeghah of matrimony. However, when the representative is a case of reliability and he says: I performed the Seeghah, it is sufficient.