Women with whom matrimony is Haraam
2393. Matrimonial relation is haraam with women who are one's Mahram,
for instance, mother, sister, daughter, paternal aunt, maternal aunt, niece
(one's brother's or sister's daughter) and mother-in-law.
2394. 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.
2395. If a person marries a woman, and has sexual intercourse 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
2396. 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.
2397. 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
2398. 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 daughters), however low, are her Mahram, regardless of whether they
existed at the time of her marriage or were born afterwards.
2399. If a man marries a woman (whether the marriage be permanent or
temporary) he cannot marry her sister, as long as she is his wife.
2400. 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. But if it is an irrevocable divorce, he can marry
her sister. And if it is the Iddah of temporary marriage, the obligatory
precaution is that one should not marry his wife's sister during that period.
2401. A man cannot marry the niece (brother's or sister's daughter) 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.
2402. 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.
2403. If before marrying his maternal or paternal aunt's daughter, a
person commits incest (sexual intercourse) with her mother, he cannot marry that
girl on the basis of precaution.
2404. If a person marries his paternal or maternal 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 Nikah, 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.
2405. 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.
2406. A Muslim woman cannot marry a non-Muslim, and a male Muslim also
cannot marry a non-Muslim woman who are not Ahlul Kitab. However, there is no
harm in contracting temporary marriage with Jewish and Christians women, but the
obligatory precaution is that a Muslim should not take them in permanent
There are certain sects like Khawarij, Ghulat and Nawasib who claim to be Muslims, but are classified as non-Muslims. Muslim men and women cannot contract permanent or temporary marriage with them.
2407. If a person commits fornication with a woman who is in the Iddah
of her revocable divorce, as a precaution that woman becomes haraam for him. And
if he commits fornication with a woman who is in the Iddah of temporary
marriage, or of irrevocable divorce, or in the Iddah of death, 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'.
2408. 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 Pak from her menses, irrespective of whether he had committed fornication with her, or anyone else had done so.
2409. If a person contracts Nikah with a woman who is in the Iddah of
another man, and if the man and the woman both know, or any one of them knows
that the Iddah of the woman has not yet come to an end, and if they also know
that marrying a woman during her Iddah is haraam, that woman will become haraam
for the man forever, even if after the Nikah the man may not have had sexual
intercourse with her.
2410. If a person contracts Nikah with a woman who is in the Iddah of
another man, and has sexual intercourse with her, she becomes haraam for him
forever even if he did not know that she was in her Iddah, or did not know that
it is haraam to marry a woman during her Iddah.
2411. 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 any 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
2412. If a married woman commits adultery, she on the basis of
precaution, becomes haraam permanently for the adulterer, but does not become
haraam for her husband. And if she does not repent, and persists in her action
(i.e. continues to commit adultery), it will be better that her husband divorces
her, though he should pay her Mahr.
2413. In the 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 her second marriage, the Iddah
of her first husband had ended or not, she should ignore her doubt.
2414. If a baligh person commits sodomy with a boy , the mother,
sister and daughter of the boy become haraam for him. And the same law applies
when the person on whom sodomy is committed is an adult male, or when the person
committing sodomy is na-baligh. But if one suspects or doubts whether
penetration occurred or not, then the said woman would not become haraam.
2415. 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 haraam
2416. If a person who is in the state of Ehram (which is one of the
acts to be performed during Hajj) marries a woman, the Nikah is void, and if he
knew that it was haraam for him to marry in the state of Ehram, he cannot marry
that woman again.
2417. If a woman who is in the state of Ehram marries a man who is not
in the state of Ehram, her Nikah is void. And if she knew that it was haraam to
marry in the state of Ehram, as an obligatory precaution, she should not marry
that man thereafter.
2418. If a man does not perform Tawafun Nisa (which is one of the acts
to be performed during Hajj and Umrah Mufradah) his wife and other women become
haraam for him. Also, if a woman does not perform Tawafun Nisa, her husband and
other men become haraam for her. But, if they (man or woman) perform Tawafun
Nisa later, they become halal.
2419. If a person contracts Nikah with a non-baligh girl, it is haraam
to have sexual intercourse before she has completed her nine years. But if he
commits sexual intercourse with her, she will not be haraam for him when she
becomes baligh, even if she may have suffered Ifza (which has been described in
rule 2389), though as a precaution, he should divorce her.
2420. A woman who is divorced three times, becomes haraam 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
marry her again after her second husband dies, or divorces her, and she
completes the period of Iddah.