Legal Disabilities to Marriage in Islamic Law
Introduction
Marriage in Islam is not merely a contract between two individuals; it is a sacred covenant that has strict legal and ethical guidelines. These guidelines include a series of prohibitions known as “Legal Disabilities to Marriage.”
Etymology and Translations
- Arabic: عيوب الزواج القانونية (ʿuyūb al-zawāj al-qānūniyyah)
- Turkish: Evlilikte Hukuki Engeller
Major Prohibitions
1. Consanguinity (ﺗﺤﺮﻳﻢ ﺍﻟﻨسب - Taḥrīm al-Naṣab)
Consanguinity refers to blood relations and prohibits marriages between close relatives such as mothers, grandmothers, sisters, nieces, and aunts.
2. Affinity (ﺍﻟﻤﺼﺎحرة - Al-Muṣāḥarah)
Marriages are forbidden with certain relatives by marriage, including mothers-in-law, step-grandmothers, daughters-in-law, and step-granddaughters.
3. Fosterage (الرضاع - Ar-Riḍāʿ)
A man cannot marry his foster mother or foster sister unless the nursing occurred at widely separated intervals. However, he may marry the mother of his foster sister or the foster mother of his sister.
4. Sister-in-Law During Wife’s Lifetime
A man cannot marry his wife’s sister during his wife’s lifetime unless she is divorced.
5. Polygamy with Slaves
A man married to a free woman cannot marry a slave.
6. Marriage During ʿIddah
A man cannot marry a woman who is observing her ʿIddah, the waiting period after divorce or widowhood.
7. Interfaith Marriages
Muslims cannot marry polytheists or those who practice Zoroastrianism (Majūsīyah). However, men can marry Jewish, Christian, or Sabean women.
8. Ownership Prohibition (By Reason of Property)
A man cannot marry his own slave or a woman her bondsman.
9. Repudiation or Divorce
If a man pronounces three divorces on a free woman or two on a slave, she becomes unlawful to him until she marries another man who consummates the marriage and then divorces her or dies, completing her ʿIddah period.
Differences Between Sunni and Shia Interpretations
Sunni and Shia schools of thought share several prohibitions regarding consanguinity, affinity, and fosterage but diverge on details such as temporary marriage contracts (Nikah Mut’ah) and remarriage after Li’an (accusation of adultery).
- Sunni: Considers fosterage valid upon consuming milk at least 15 times (Hanafis) or four times (Shafais).
- Shia: Aligns with fosterage prohibitions similar to consanguinity and prescribes invalidity of temporary marriages except for specific situations.
Qur’anic References
Prohibitions on marriage within close blood relations and specific familial bonds can be found in Qur’an, Surah An-Nisa (4:23-24).
Further Reading
- “Personal Law of the Muhammadans” by Syed Ameer Ali
- “The Islamic Law of Personal Status” by Jamal J. Nasir
- “An Introduction to Islamic Law” by Joseph Schacht
Key Takeaways
- Islamic law imposes strict legal disabilities on marriages to maintain ethical and moral standards.
- Both Sunni and Shia schools have similar prohibitions but differ in detailed conditions.
- Prohibitions cover consanguinity, affinity, fosterage, interfaith marriages, and more, ensuring marriages uphold Islamic principles.
Conclusion
Understanding the legal disabilities to marriage in Islamic law sheds light on the importance Islam places on familial relations and moral integrity. These prohibitions serve not only as legal guidelines but as ethical and social safeguards.
This entry offers a comprehensive yet digestible understanding of the ‘Legal Disabilities to Marriage’ within Islamic law, considering both Sunni and Shia perspectives. If you wish to explore more, the suggested readings provide a deeper dive into the subject.
