Miscellaneous rules concerning marriage
2452. If a person gets entangled in haraam acts owing to his not
having a wife, it is obligatory for him to marry.
2453. If the husband makes it a condition before Nikah, that the woman
should be a virgin, and it transpires after Nikah that she is not virgin, he can
repudiate the marriage. However, he can deduct and take the difference between
the Mahr usually paid for a virgin woman and the one who is not a virgin.
2454. It is haraam for a man and a woman who are not Mahrams, to be
together at a private place where there is no one else, 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.
2455. If the man fixes the Mahr of the woman at the time of Nikah, but
intends not to give it, the marriage contract is in order, but he will be
indebted to her.
2456. A Muslim who renounces Islam and adopts a non-Muslim faith, is
an apostate, and they are of two types: Fitri and Milli. 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 thereafter he
converted to become a non-Muslim. A Milli is exactly the opposite.
2457. 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
apostatises after sexual relation, but she had reached menopause (Ya'isa), or if
she was a minor. And if she had not reached menopause, she should observe 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. However, 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, stops seeing Haidh and does not expect to see it again in her life.
2458. If a man becomes a Fitri apostate after Nikah, his wife becomes
haraam for him and she should observe Iddah of death in the manner which will be
explained in the rules relating to 'divorce'.
2459. If a man becomes a Milli apostate after Nikah, his marriage
becomes void. And if he has not had sexual intercourse with his wife, or if she
has reached menopause, or if she is a minor, she need not observe Iddah. But if
he apostatises after having sexual intercourse with his wife, who happens to be
of the age of women who normally have menstrual discharge, she should observe
Iddah of 'divorce' which will be mentioned under the rules relating to
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 be correct, but, precaution should not be abandoned.
2460. If the woman imposes a condition at the time of Nikah that her
husband will not take her out of the town, and the man also accepts this
condition, he should not take her out of that town against her will.
2461. If a woman has a daughter from her former husband, her second
husband can marry 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.
2462. If a woman becomes pregnant as a result of fornication or
adultery, it is not permissible for her to have an abortion.
2463. 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 to them, and
they do not know whether the child is the outcome of legitimate relation or
otherwise, the child will be considered legitimate.
2464. If a man does not know that a woman is in her Iddah and 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 Shariah belongs to
both of 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 Shariah belongs to the father, and in either case their marriage is void, and they are haraam for each other.
2465. 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
acceptable, except when she is known to be unreliable, in which case,
investigation will be necessary.
2466. 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 Shariah laws.
2467. 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 separated from its mother till it is seven years of age.
2468. If a person proposing marriage is known for his virtues and
faith, then it is recommended that his proposal should not be rejected. The
Prophet (s.a.w.a.) 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 give her hand in his in marriage. For if you do not do this way, great
scandals and lapses will fill the earth."
2469. If a woman compromises her Mahr 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 Mahr.
2470. If an illegitimate person marries, and a child is born to him,
that child is legitimate.
2471. If a man has sexual intercourse with his wife during fast in the
month of Ramadhan or when she is in her menses, he commits a sin, but if a child
is conceived, it is legitimate.
2472. If a woman who is sure that her husband died while on a journey,
marries another man after completing the Iddah of death, (which will be
explained in the rules relating to 'divorce') and later her first husband
returns from journey, she should immediately separate herself from her second
husband, and she will be halal for her first husband.
But, if the second husband has had sexual intercourse with her, she should observe Iddah and the second husband should give her proper Mahr equal to that of the women similar to her category, but she is not entitled to subsistence during Iddah.