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Ahlul Kitab are ritually pure: Permanent Marriage with them

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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

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A Shia woman cannot marry a Sunni man?

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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]

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.

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.

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Mutah and Zina: Shia consider Temporary Marriage permissible

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Question 201:  What is mutah and zinah??

Answer 201: Zina denotes copulation with other than one’s legal spouse (permanent or temporary), which the Quran labels as a grave sin, about which Allah has said: “Do not approach fornication. It is indeed obscene and an evil way.”,[1] Temporary marriage refers to a marriage in which a man and woman without any restrictions of getting married, willingly, along with mentioning a specific mahr (dowry) and time length for the marriage, perform a marriage contract. This type of marriage has no talaq (divorce) and the couples are separated when the marriage contract’s time ends. Read More

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Premarital relation with non-Mahram is impermissible

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Question 082: I am in love with my teacher’s daughter and she also loves me very much. We have met each other a few times and message each other daily. Is there any problem and restrictions in our relation according to the Islamic laws?

Answer 082: Islam has prescribed marriage (temporary and permanent) to address this need, in addition to any sexual need, be it flirting, touching, caressing, and so forth, must only take place after marriage has been contracted. Even if boy and girl who are fiances and are planning on getting married in the future, but haven’t contracted any form of marriage yet, cannot take such pleasures in each other, even if it is only limited to having an intimate conversation or shaking hands.

As was said, in Islam, fulfillment of such needs must be within Islamic limits. Temporary marriage is one solution, but has stipulations and conditions that must be met, one of those being the consent of the virgin girl’s father (the rest of the conditions can be looked up in the risalahs).

According to the Shia point of view, the baligh virgin girl must get her fathers or paternal grandfathers (in the case of not having a father) permission if she wants to get married. In the case of her father or paternal grandfather not being present in a way that she can’t get their permission, and her having the need of getting married, their permission will no longer be a condition, if she can distinguish between what is to her benefit and what isn’t.

The same goes for the woman who isn’t a virgin; she doesn’t need to get permission either, if her virginity was lost to a previous husband. In the case of her virginity being lost by a mistaken intercourse, or even adultery, it is a mustahabb precaution to get permission if possible (which means it is better, although it still isn’t a condition and isn’t wajib).[1]

According to Sayyid Sistani (ha), it is not permissible for a boy and a girl to make friendship with each other in order to know each other before marriage. His Excellency also said: pre-marital relation between a boy and a girl is not permissible under any circumstances. [2]

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.

The official website of the office of Sayyid Sistani (ha), Question & Answer » Marriage. Ibid, Marriage » General Rules.

[1] . Tawdih al-Masa’il of the maraji’, vol. 2, Pgs. 449-460, 701-707 and 734-736 and 458-459.

[2] . The official website of the office of Sayyid Saistani, Question & Answer » Pre-marital Relation.

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Permanent or Temporary marriage of a married man without the permission of his wife

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Question 565: Salamun alaykum. I shall appreciate help with regards to the following questions please.

1) Can a married man engage in temporary marriage with or without his wife’s permission?

2) Can a married man marry a second wife without his first wife’s permission?

Thanks!

Answer 565: Islam recognizes the permissibility of a man having four permanent and concurrent wives.  The man’s second marriage while he has a permanent wife, except in the case of marriage with the wife’s niece (her brother’s daughter, or sister’s daughter)[1], is not conditional upon consent of the first wife. But, if the wife [stipulates], as a condition of the marriage, that her husband cannot marry another woman, then, according to some jurists (Fuqahā), this condition is valid and the husband should not violate it.

The following are some opinions of our maraja concerning whether the first wife can stipulate the condition or not:

Imam Khomeini, Ayatollah Bahjat, Khamenei, Fadhil Lankarani, Makarim Shirazi and Noori Hamedani: No, this condition is not valid or binding, unless there is a condition that: “the wife has power of attorney from the husband, that if the husband remarries, she can carry out divorce”, this is valid.[2]

Ayatollahs Tabrizi, Sistani and Safi Golpayegani: Yes, this condition is valid and binding, and if after the marriage, the husband does not act upon this condition and remarries, then he has committed a sin.[3]

Ayatollah Wahid: according to obligatory precaution (Ihtīyāt Wājib), this condition is not valid and binding, unless there is a condition that: ” the wife has power of attorney from the husband, that if the husband remarries, she can carry out divorce”, this is valid.[4]

Justice in dealing with polygamy: The justice that is required [in dealing with polygamy] is related to the division [of time between them] in the sense that when he spends a night with one of them then, he must spend one night each with the rest of them in every four nights.The justice that is required as a recommendation is equality in spending money, giving attention, cheerfulness, and fulfillment of their sexual needs, etc.[5]

Getting married with People of the Book: Some jurisprudential scholars are of the opinion that if a Muslim man wishes to temporarily marry a ‘Ahlul Kitab’ (People of the Book) wife, while he has a permanent Muslim wife, then the permission of that first Muslim wife is a condition upon the second marriage.[6]

For a Muslim man to marry a woman from Ahlul Kitab permanently is against the compulsory precaution in any circumstance. And his temporary marriage to a Jewish or a Christian woman is allowed, only if he is not already married to a Muslim wife. If he has a Muslim wife, temporary marriage with an Ahlul Kitab woman is not permissible without her consent; nay, even with her consent, it is not permissible, based on compulsory precaution.

Conclusion: The man’s second permanent marriage or temporary marriage while he has a permanent wife, is not conditional upon the consent of his first wife. Unless, 1) he wants to marry his wife’s niece, 2) the woman stipulates a condition that her husband cannot marry another woman (but not according to all maraja’), 3) he wants to permanently marry a woman from Ahlul Kitab and his first wife is Muslimah.[7]

[1] . Tawzih al-Masael (annotated by Imām Khomeini), Vol. 2, p. 466.

[2] . Imam Khomeini, Istafta’at, Vol. 3, Section on rules of marriage, Q. 55. Ayatollah Makarim Shirazi, Istafta’at, Vol. 2, p. 907. Ayatollah Khamenei, Istaftā’, Q. 7.  Ayatollah Fazel, Jama‘ al-Masā’il, Vol. 1, p. 1533.  Ayatollah Noori, Istafta’at, Vol. 2, p. 637 and Ayatollah Bahjat, Tūḍīḥ al-Masā’il, Q. 2534.

[3] . Ayatollah Sistani, Minhāj al-Sālehīn, Vol. 2, Q. 333.  Ayatollah Tabrizi, Minhāj al-Sālehīn, Vol. 2, Q. 1395.  Ayatollah Safi, Jama‘ al-Ahkām, Vol. 2, Q. 5521.

[4] . Ayatollah Wahid, Minhāj al-Ṣālehīn, Vol. 3, Q. 9531. By using the Porsemān software

[5] . The official website of the office of Sayyid Sistani (ha), rules concerning Marriage, q&a.

[6] See: Siratul-Nijat, Sheikh Jawad Tabrizi, vol. 2, pg. 270. Related Question: Temporary marriage with women of the People of the Book, Question 1209.

[7] . For further information in this regards, please refer to answer 080 (Index:  Rules regarding temporary or permanent marriage with people of the book).

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Rules regarding temporary or permanent marriage with people of the book

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Question 080: Salaams dear Shaykh. What is the ruling of the Maraji’ regarding temporary or permanent marriage with people of the book?

Answer 080: 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.

Ayatollahs Golpaygani and Safi: The permissibility of marriage with People of the Book isn’t devoid of strength [this is a jurisprudential term meaning that it is permissible], but in the case of one being able to marry a Muslim woman, it is greatly makruh (abominable), as a matter of fact, in such a case, precaution should be observed.

Ayatollahs Khoei and Tabrizi: As a recommended precaution one shouldn’t permanently get married to them and some sects such as the Khawarij, Ghulat and Nawasib who consider themselves Muslims have the same ruling as kafirs and can’t be married to by Muslim women and men, neither permanently nor temporarily.

Ayatollah Noori Hamedani: Marrying them permanently is permissible according to the stronger fatwa, but precaution should be observed in not getting married to them permanently in the case of them being able to get married to a Muslim woman.

Ayatullah Zanjani: The Muslim man cannot get married to the Magi or a non-Muslim who is not of the People of the Book, neither permanently nor temporarily, and apparently, permanent or temporary marriage with Jewish or Christian women isn’t void, but it is makruh and against recommended precaution, especially if the marriage is permanent.[1]

Ayatollah Fazel Lankarani: The Muslim man cannot be permanently married to kafir women, even if they are Jewish or Christian as an obligatory precaution, nevertheless temporary marriage is permissible with Jewish and Christian women.

Ayatollah Makarem Shirazi: The Muslim man cannot get permanently married to kafir women as an obligatory precaution, but temporary marriage with People of the Book such as Christians and Jews is permissible.

Ayatollah Bahjat: The Muslim man cannot get married to other than People of the Book and Magi [from the kafirs], neither permanently, nor temporarily, and apparently, temporary marriage with Jewish and Christian women, both temporary and permanent, isn’t void although it is makruh and against recommended precaution, especially in permanent marriage.

Ayatollah Sistani: The Muslim man cannot get married to kafir women who aren’t of the People of the Book, but temporary marriage with Jewish and Christian women is permissible, and according to obligatory precaution, permanent marriage with them isn’t.[2]

He also says: For a Muslim man to marry a woman from Ahlul Kitab permanently is against the compulsory precaution in any circumstance. And his temporary marriage to a Jewish or a Christian woman is allowed, only if he is not already married to a Muslim wife. If he has a Muslim wife, temporary marriage with an Ahlul Kitab woman is not permissible without her consent; nay, even with her consent, it is not permissible, based on compulsory precaution.[3]

[1] . Tawdih al-Masa’il of the maraji’ (annotated), vol. 3, p. 468.

[2] . Tawzih al-Masael of the maraja’ (annotated by Imam Khomeini), vol. 2, pg. 468; Ibid, pg. 469; Hakim, Muhammad Saeed, Minhajul-Salehin, vol. 3, pg. 33.

[3] . The official website of the office of Sayyid Sistani (ha), rules concerning Marriage, q&a.