Permanent prohibition of marriage

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Permanent prohibition of marriage (Arabic: الحُرمَة المُؤَبَّدَة, al-Ḥurma al-muʾabbada) means permanent prohibition of marriage between a man and a woman. In Shiite jurisprudence, adultery (of a married man or woman), li'an, reciting the marriage formula during 'idda or ihram, sodomy with a woman's son, father or brother, as well as divorce of a wife after nine times make marriage between a man and a woman forbidden forever.

The term "haram abadi" has been used in jurisprudential chapters regarding marriage, divorce, hajj and li'an.

Meaning

"Haram abadi" means that the marriage of a man and a woman is forbidden forever.[1] It has two uses:

  • Permanent prohibition of marriage with non-mahrams with whom marriage is permissible due to certain obstacles.[3]

The term "haram abadi" has been used in jurisprudential chapters regarding marriage, divorce, hajj and li'an.[4]

Causes

In Islamic jurisprudence, there are reasons why marriage between a man and a woman becomes forbidden forever:

  • Li'an: If li'an takes place between a couple, the two will be prohibited from marrying forever.[5] Li'an is a term in jurisprudence which refers to the case when the husband attributes adultery to his wife with special oaths before the judge, and the wife denies her husband's accusation with similar oaths.[6] With li'an taking place between a husband and the wife, the prescribed punishment of qadhf for the husband (due to accusation of the wife with adultery) as well as the prescribed punishment of adultery for the wife will be removed.[7]
  • Nine times divorce of the wife: According to Shia jurisprudence, if a man divorces his wife three times, he is prohibited from remarrying her without the intervention of a muhallil (a man who marries and divorces her).[8] If this process is repeated three times, resulting in a total of nine divorces, she will be permanently forbidden to him.[9]
  • Ifda': If a man carries out ifda' on a woman before she reaches the age of puberty, he will be prohibited from marrying her forever.[10] Ifda' is transection of the urethra and vagina through laceration of the vagina wall caused by intercourse.[11]
  • Adultery: According to the majority viewpoint of the jurists, if a man commits adultery with a woman's mother or her daughter before he marries that woman, she will be prohibited from marrying him forever.[12] Adultery with a married woman and also a woman who is in her 'idda period of a revocable divorce also causes permanent prohibition of marriage between the woman and the man.[13]
  • Sodomy: If a man commits sodomy with a woman's son, brother or father before he marries that woman, she will be prohibited to marry him forever.[14]
  • Marriage during 'idda: It is not permissible to marry a woman who is in 'dda period.[15] Hence, if marriage takes place with the knowledge that the woman is in 'idda period and with the knowledge that marriage is forbidden in this state, the woman will be prohibited from marrying the man forever, even if intercourse has not taken place.[16] But in case of ignorance, only if penetration has taken place the woman will be prohibited from marrying the man forever, and if penetration has not taken place, only the marriage contract is void, and they can marry after the 'iddah period.[17]
  • Marriage during ihram: The marriage of a man or a woman in the state of ihram is forbidden and void.[18] Marriage, knowing that it is forbidden in this state, even without intercourse, causes the eternal prohibition of marriage between the woman and the man.[19] In the case of ignorance, according to the majority viewpoint, even if they have had intercourse, only the marriage contract is void.[20]

Notes

  1. ↑ Muʾassisa Dāʾirat al-maʿārif al-fiqh al-Islāmiya, Farhang-i fiqh-i farsī, vol. 3, p. 291.
  2. ↑ Akbarī, Aḥkām-i rawābiṭ-i maḥram wa namaḥram, p. 24.
  3. ↑ Mujtahidī Tihrānī, Si rislāla: gunāhān-i kabīra, maḥram wa namaḥram, aḥkām-i ghayba, p. 18-19.
  4. ↑ Muʾassisa Dāʾirat al-maʿārif al-fiqh al-Islāmiya, Farhang-i fiqh-i farsī, vol. 1, p. 391.
  5. ↑ Najafī, Jawāhir al-kalām, vol. 34, p. 3-4.
  6. ↑ Shahīd al-Thānī, al-Rawḍa al-bahiyya, vol. 6, p. 181.
  7. ↑ Shahīd al-Thānī, al-Rawḍa al-bahiyya, vol. 6, p. 181; Khomeinī, Taḥrīr al-wasīla, vol. 2, p. 342.
  8. ↑ Mufīd, al-Muqniʿa, p. 501.
  9. ↑ Khomeinī, ''Taḥrīr al-wasīla'', p. 731.
  10. ↑ Shahīd al-Thānī, al-Rawḍa al-bahiyya, vol. 5, p. 104-105.
  11. ↑ Najafī, Jawāhir al-kalām, vol. 29, p. 419.
  12. ↑ Shahīd al-Thānī, Masālik al-ifhām, vol. 7, p. 297-298.
  13. ↑ Najafī, Jawāhir al-kalām, vol. 29, p. 446.
  14. ↑ Khoeī, Minhāj al-ṣāliḥīn, vol. 2, p. 265.
  15. ↑ Khomeinī, Taḥrīr al-wasīla, vol. 2, p. 303.
  16. ↑ Khomeinī, Taḥrīr al-wasīla, vol. 2, p. 303.
  17. ↑ Muʾassisa Dāʾirat al-maʿārif al-fiqh al-Islāmiya, al-Mawsūʿa al-fiqhiyya, vol. 10, p. 473.
  18. ↑ Najafī, Jawāhir al-kalām, vol. 29, p. 450.
  19. ↑ Najafī, Jawāhir al-kalām, vol. 29, p. 450.
  20. ↑ Najafī, Jawāhir al-kalām, vol. 29, p. 450.

References

  • Akbarī, Maḥmūd. Aḥkām-i rawābiṭ-i maḥram wa namaḥram. Qom: Intishārāt-i Fatyān, 1392 SH.
  • Khomeinī, Sayyid Rūḥ Allāh. Taḥrīr al-wasīla. 1st Edition. Qom: Muʾassisah-yi Tanẓīm wa Nashr-i Āthār-i Imām Khomeinī, 1434 AH.
  • Khoeī, Sayyid Abū l-Qāsim al-. Minhāj al-ṣāliḥīn. Edition 22. Qom: Madīnat al-ʿIlm, 1410 AH.
  • Mufīd, Muḥammad b. Muḥammad al-. Al-Muqniʿa. 1st edition. Qom: Kungira-yi Jahānī Hizāra-yi Shaykh Mufīd, 1413 AH.
  • Mujtahidī Tihrānī, Si rislāla: gunāhān-i kabīra, maḥram wa namaḥram, aḥkām-i ghayba. Qom: Muʾassisa-yi Dar Rāh-i Ḥaq, 1381 SH.
  • Muʾassisa Dāʾirat al-maʿārif al-fiqh al-Islāmiya. Al-Mawsūʿa al-fiqhiyya. Qom: Muʾassisa Dāʾirat al-maʿārif al-fiqh al-Islāmī, 1429 AH.
  • Muʾassisa Dāʾirat al-maʿārif al-fiqh al-Islāmiya. Farhang-i fiqh-i farsī. Qom: Muʾassisa Dāʾirat al-maʿārif al-fiqh al-Islāmī, 1387 SH.
  • Najafī, Muḥammad al-Ḥasan al-. Jawāhir al-kalām fī sharḥ sharāʾiʿ al-Islām. 7th edition. Beirut: Dār Iḥyāʾ al-Turāth al-ʿArabī, 1362 SH.
  • Shahīd al-Thānī, Zayn al-Dīn b. ʿAlī. Masālik al-ifhām ilā tanqīh sharāyiʿ al-Islām. 1st edition. Qom: Muʾassisat al-Maʿārif al-Islāmīyya, 1413 AH.
  • Shahīd al-Thānī, Zayn al-Dīn b. ʿAlī. Al-Rawḍa al-bahiyya fī sharḥ al-lumʿat al-Dimashqiyya. Qom: Intishārāt-i Dāwarī, 1410 AH.
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