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Permanent prohibition of marriage

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Ḥarām abadī or al-Ḥurma al-mu’bada (Arabic: الحرمة المؤبدة) 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. It has two uses:

  • Permanent prohibition of marriage with mahrams (blood relatives, milk siblings and in-laws).
  • Permanent prohibition of marriage with non-mahrams with whom marriage is permissible, due to certain obstacles.

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

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 to marry forever. 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. 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.
  • Three times divorce of the wife: According to Shiite jurisprudence, if a man divorces his wife three times, he will not have the right to remarry her, except after muhallil (someone who marries that woman and then divorces her).
  • Ifda’: If a man carries out ifda’ on a woman before she reaches the age of puberty, he will be prohibited to marry her forever. Ifda’ is transection of urethra and vagina through laceration of vagina wall caused by intercourse.
  • 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 to marry him forever. 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.
  • 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.
  • Marriage during ‘idda: It is not permissible to marry a woman who is in ‘idda period. 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 to marry the man forever, even if intercourse has not taken place. But in case of ignorance, only if penetration has taken place, the woman will be prohibited to marry the man forever, and if penetration has not taken place, only the marriage contract is void, and they can marry after the ‘idda period.
  • Ihram: The marriage of a man or a woman in the state of ihram is forbidden and void. Marriage, knowing that it is forbidden in this state, even without intercourse, causes the eternal prohibition of marriage between the woman and the man. In the case of ignorance, according to the majority viewpoint, even if they have had intercourse, only the marriage contract is void.

References

  • The material for this article is mainly taken from حرام ابدی in Farsi WikiShia.