Question 649: Can a Sayyid boy marry non-Sayyid girl? Thanks in advance.
Answer 649: According to all maraja (May Allah grant them long life), it is permissible for a Sayyid man/woman to marry a non-Sayyid man/woman[1], however it is better for a Sayyid man/woman to marry a Sayyid man or woman.[2] Read More
Question 079: What is the rules of Mut’ah (temporary marriage) in Islam? My husband told me that its not allowed for single women ( whom never been married which consider as virgin) to enter mutah marriage? The reason im asking this in this forum because I’m tired to hear many of Sunni ‘s Muslim disrespect Shia Muslim. Thanks
Answer 079: Before beginning this debate, two points need to be mentioned:
1) This issue is a fiqhi one, therefore it originally needs to be analyzed in the right place by Sunni and Shia fiqh experts (fuqaha’) along with Quranic and hadithic reasoning and without any negative propaganda and making noise or insult by any of the two sides. Read More
Question 640: Aoa sheikh, I have a very serious question. If a women has lost her virginity in the past wrongfully by committing sin or been in relationship. Can’t she be forgiven in the eyes of Islam? Should a man accept such a women as her life partner? What does Islam say about Marrying a fornicator who repented?
Answer 640: Although adultery is a great sin according to the Holy Quran, as He, the Exalted, says: “Nor come nigh to adultery: for it is a shameful (deed) and an evil, opening the road (to other evils)”[1], but one point of dire importance, is the special favor and grace which Allah, the Almighty bestows upon someone who repents; repentance destroys and effaces all of the sins and negative consequences of sins before Allah. Read More
Question 076: I am 48 years old. I love a girl 44 years of age. We want to get married by nikah. The girls father has passed away. She has two brothers who will not allow her get married because she is the hard worker of their family business. She has to do all the work whereas the elder brothers do not contribute. We really want to be together through nikah, as we are deeply in love. Please, tell me what to do? So, please tell me about Father’s permission for marriage and Brother’s consent if it is required?
Answer 076: According to maraja, a rashidah virgin girl whose father passed away doesn’t need others’ permission to get married. [1] Read More
Question 641: Sir Can I ask question I want answer in light of our deen. Wsalam My quesiton on behalf of my friend she is married her husband is addict to talk to other girls every time of chat she talk to him about this and he said it’s man’s nature and I am not ashamed and I vl do she is worried that now what she vl do so her husband don’t do this. Can you please let us know the Rights and Duties of Women in Islam and Reasons why men chat with non-Mahram?
Answer 641: According to all maraj, all kinds of relations with a non-Mahram including joking, expressing mutual love, talking with the intention of deriving pleasure, looking at the body of a girl (except her face and hands up to the wrists) and at her hair or looking at her face with pleasure are haram (forbidden). In fact, if it is feared that they might fall into a sin, it is forbidden for them to have any kinds of relationship with each other.[1] Read More
Question 081: Salaams dear Sheikh. Does any of the Maraji’ allow permanent marriage with a person from the People of the Book, what is their ruling on the purity/impurity of such persons?
Answer 081: Our maraja have different opinions regarding permanent marriage with People of the Book as follows:
Imam Khomeini: As an obligatory precaution, it is impermissible to get married to People of the Book. Of course, Imam Khumayni (rah) has said in this issue (the issue of permanent marriage with non-Muslim women who are of the People of the Book) that it is an obligatory precaution, which means those who follow him can refer to the verdict of another jurist who says such a marriage is permissible and follow him instead. Read More
Question 612: Salam, I am a sunni Muslim and married too, I am in love with one girl she is Ahle Tashi, can you tell me what is the process of doing Muta? Please keep in mind she doesn’t have father or any other Wali over here, she is alone living with her mother and sister. Please guide me.
Answer 612: Islam has introduced temporary and permanent marriage as the legitimate ways of fulfilling one’s needs and desires. Temporary marriage refers to the marriage of a man and woman who have no barriers for doing so. It takes place with the consent of both sides of the contract and a specified dowry and timeframe. According to Islam, the validity of temporary marriage is contingent upon certain criteria being met, namely getting the father’s (and in the case of not having a father, the paternal grandfather’s) consent if the girl is a virgin. If the girl isn’t a virgin and has lost her virginity through legitimate marriage, her father’s consent is no longer a condition, but if it has been lost as a result of shubhah intercourse (mistaken/confused/accidental intercourse) or illegitimate intercourse (adultery), it is a preferred precaution to get the father’s consent[1] (although it still isn’t mandatory). Also, if a girl wants to get married (temporarily or permanently) and neither has a father nor a paternal grandfather, there will no longer be any need for permission from anyone else (regardless of whether she is a virgin or not).[2]
Nevertheless, the marriage of a virgin girl who hasn’t reached rushd (the stage in which one can distinguish between good and bad and can tell what is to his/her benefit) without the permission of her father is void.”[3]
Ayatollah Sistani (ha) says: If a woman is over thirty years of age, and still virgin, and she is not independent, it is obligatory on her to seek the permission of her guardian for marriage. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.[4]
The viewpoints of Shia scholars regarding the marriage of Shias with Sunnis are as follows:
Ayatollah Fazel Lankarani (ra): The marriage of a Muslim woman with a Non-Muslim man is batil (void), the marriage of a Shia woman with a Sunni man is makruh, the marriage of a Muslim man with a Non-Muslim woman is also void unless the marriage is a temporary one (mutah), and the marriage of a Shia man with a Sunni woman is okay.
Ayatollah Bahjat (ra): Temporary marriage with the People of the Book (Ahlul-Kitab) is correct and as an obligatory precaution it isn’t permissible to perform the marriage contract of a Shia girl or woman and Sunni man.
Ayatollah Sistani (ha): Getting married to the People of the Book isn’t permissible as an obligatory precaution. On the other hand, it is okay to get married with Sunnis if there isn’t any fear of going astray and losing Shia beliefs as a result.
Ayatollah Makarem Shirazi (ha): It isn’t permissible for a Muslim to get married to a Non-Muslim, while it is okay for Shia men to get married to Sunni women, but taken into consideration that there are chances of going astray for Shia women getting married to Sunni men, such a marriage isn’t permissible.
Note: Marriage between Shias and some “Muslim” sects such as: The Ghulat, The Nasebis and The Khawarij, who falsely claim themselves Muslim, but in reality are Kafirs, isn’t permissible.
For further information in this regards, please refer to the following answer:
Index: Permanent or Temporary marriage of a married man without the permission of his wife, answer 565.
Index: Rules regarding temporary or permanent marriage with people of the book, answer 080.
Index: Premarital relation with non-Mahram is impermissible, answer 082.
Index: Looking at non-Mahram Body for Marriage, answer 611.
Index: A Shia Muslim woman cannot marry a non-Muslim man, answer 342.
Index: Essential Requirements of a Successful Marriage in Islam, answer 515.
Index: A Muslim Woman Cannot Marry a Non-Muslim Man, answer 576.
[1] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 459, issue 2377.
[2] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 387, issue 2376.
[3] Question 1483 (website: 1530).
[4] . The official website of Sayyid Sistani (ha), Q&A: Permanent Marriage.
[5] Naser Makarem Shirazi (kharej fiqh lessons on nikah [marriage], academic year 1381-1382 on his official website); Seyyid Sadiq Rohani, Fiqhul-Sadeq, vol. 21, pg. 469, from the software of this book from the institute of Al-Imam Al-Rohani.
Question 342: A/S. Is it permissible for a shia divorced woman to marry a non-Muslim. If she married a Catholic and she will not be deterred to practice her shia faith, is it allowed? You think a Shia Muslim woman cannot marry a non-Muslim man?
Answer 342: In the Holy Quran Allah (SWT) says: “… And do not give (believing women) in marriage to idolaters until they believe And certainly a believing servant is better than an idolater, even though he should please you These (idolaters) invite to the Fire And Allah invites to the garden and to forgiveness by His will And makes clear His communications to men, that they may be mindful”.[1]
According to all maraja’ (ha), as for a Muslim woman, she is not allowed to marry a non-Muslim man at all. In this regards, there is no difference in permanent or temporary marriage, weather the man allows her practicing Shia faith or not.
Index: Essential Requirements of a Successful Marriage in Islam, answer 515.
Index: Rules regarding temporary or permanent marriage with people of the book, answer 080.
Index: A Muslim Woman Cannot Marry a Non-Muslim Man, answer 576.
[1] . Surah Baqara, verse 221.
[2] . Tahrir al-Wasilah of Imam Khomeini, Vol. 2, Pg. 254; Minhaju ‘s-Saliheen, vol. 2, Pgs. 263- 265; Ibid, Vol. 3, Pg. 67, Q 205; Tawzih al-Masael, Pg. 479, Q 2357; Ibid, 1381, Pg. 476, Q 2393; Istiftaat of Imam Khomeini, Vol. 3, Pg. 128, Q 131 & 132; In this regards, a question has been sent to the office of Grand maraja Ayatollahs Khameni, Sistani and Makarem Shirazi (ha).
Question 202: In the case of an Islam divorce, does the father have fiqhi rights to the children upon divorce? Does the mother have rights to keep the children until she remarries and then the children go to the father? Please, provide references.
Answer 202: According to Islam, the expenditures of the children are the responsibility of their father, although who has custody may vary depending on their age and gender.
Imam Khomeini says: “The custody of the son until two years of age and the daughter till seven years of age is the right of the mother, and after that the mother no longer has any rights regarding their custody and the father can take the children from there on. Nevertheless, the expenditures of the children are the responsibility of the father from the beginning. Also, if the mother gets married to another person during the period that she has custody, she will lose her right and the father will take custody of the children from there on.”[1]
Of course, during this time period, both the mother and father have the right to see their children.
Ayatollah Bahjat (ra) says: “During the time when the father or mother has custody of the children, if the other (who doesn’t have custody) wishes to see the child in order to give him/her something, solve his/her problems or just be beside him/her for a while, the other has no right to prevent such a thing from happening.”[2]
According to Fazil Miqdad and Allama Hilli, it is said that Sheikh Sadouq (ra) believed that kids are in custody of the mother until she marries, but we couldn’t find any reliable sources in this regards.[3]
Those traditions in which say that kids are in custody of the mother are as follows:
“«قال: سئل ابوعبدالله(ع) عن الرجل یطلق امراته و بینهما ولد ایهما احق بالولد؟ قال المراة احق بالولد ما لم تتزوج.»”
The above mentioned hadith is somehow more reliable than the following!
It should be noted that those traditions in which say that the kid are in custody of her mother until at the age of seven years of old are Sahih.
For further information in this regards, please refer to the following answer:
Index: Permissibility of getting Divorce when your partner has lied, answer 295.
Index: Essential Requirements of a Successful Marriage in Islam, answer 515.
[1] . The Istifia’at (religious Q&A) of Imam Khomeini, vol. 3, pg. 209; also see: Ajwibatul-Istifta’at of Ayatullah Khamenei in farsi, question 1504, pg. 339.
[2] . Tawdhihul-Masa’el (of Imam Khomeini), vol. 2, pg. 516, issue 1986.
[3] . “al-Tanqih al-Raye”, Vol. 3, pg. 271; “Mokhtalif al-Shia”, Vol. 2, pg. 577.
[4] . Wasael al-Shia, Vol. 15, Pg. 191.
[5] . Jawaher al-Kalam, Vol. 31, Pg. 289.
[6] . Al-Fiqh al-Islami wa Adelatohu, Vol. 15, Pg. 192, Hadith 6.
Question 611: Salam. Is a person allowed to look at the hair of her fiance once before marriage? Need answer from ruling of Ayatollah Khamenei and ayatollah Sistani?
Answer 611: Generally, it is haraam for a man to look at the body or hair of the Non-Mahram women, regardless of whether it is with the intention of pleasure or not, and whether there is a fear of falling into sinful act or not. It is also haraam to look at the faces and the arms, up to the wrists, of such women with the intention of pleasure, or if there is fear of falling into sinful act, and the recommended precaution is that one should not look at their faces or arms even without such an intention. Similarly, it is haraam for a woman to look at the body of Non-Mahram man, except places which are customarily not covered, like, his face, hands, head, neck and feet. She can look at these parts of a man without the intention of deriving any pleasure, or if there is no fear of being entrapped in any sinful act.[1]
But, it is permissible for a man to look at a woman whom he intends to marry provided that: 1- it is not with the intention of pleasure, 2 – it is to find out about her beauty or her defects, 3 – there should not be any barrier or hurdle to the marriage, 4 – he considers it problem that the girl will not reject him[2], in which case he can look at a woman’s face, hands up to the wrists, hair and a part of her body (neck and upper part of the chest).[3]
It should be noted that grand Ayatollah Saafi believes that: as an obligatory precaution, he must suffice to looking at her face and hands up to the wrists.[4]
For further information in this regards, please refer to the following answers:
Index: Essential Requirements of a Successful Marriage in Islam, answer 515.
Index: Premarital relation with non-Mahram is impermissible, answer 082.
Index: Chatting on the internet with non-Mahram, answer 350.
Index: Shaking Hands with non-Mahram Man or Woman, answer 603.
[1] . The official website of the office of Sayyid Sistani (ha), rules regarding Marriage » Looking at non-Mahram.
[2] – Khamenei, Sayyid Ali, Ajwebat al-Istiftaat, question 525; Sistani, Sayyid ali, Minhaj al-Salehin, vol.2, Nikah (Marriage), issue No. 28; Bahjat, Muhammad Taqi, Resalah Tawzih al-Masail, issue No.1944; Makarem Shirazi, Naser, Ta’liqat Alaa al-Urwat al-Wuthqa, Nikah (Marriage), issue No, 26; Fazel Lankarani, Muhammad, Ta’liqat Alaa al-Urwat al-Wuthqa, Nikah (Marriage), issue No. 26.
[3] -Makarem Shirazi, Naser, Ta’liqat Alaa al-Urwat al-Wuthqa, Nikah (Marriage), issue No, 26; Ali bin Abi Talib Religious School, Qom; Sistani, Sayyid Ali, Minhaj al-Saalehin, vol.2, Nikah, issue No. 28; Tabrizi, Jawad, Isteftaat, question 1580, p. 355, Sarwar Publications, Sitara Publications, 3rd edition, 1385 (2006); Bahjat, Muhammad Taqi, Resalah, Tawzih al-Masail, issue No. 1944, p. 386, Publications of the Office of the Supreme Leader, Amir Printing Press, 18th edition,Qom, 1378 (1999). Tawzih al-Masail (with annotation by Imam Khomeini) vol.2, p. 485, issue No. 2433; Imam Khomeini, Sayyid Rohullah, Tahrir al-Wasilah, vol.2, Nikah (marriage), issue No. 28, Payam Printing House, fifth edition, 1365 (1986).
[4] – Saafi, Lotfullah, Hidayat al-‘Ibad, vol.2, Nikah (Marriage), issue No. 28; Adopted from IQ.
[5] . The official website of the office of Sayyid Sistani (ha), rules concerning Marriage » General Rules.