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27. Marriage

By means of a marriage contract, a man and woman become lawful (ḥalāl) for each other. A marriage contract is of two types: permanent (dāʾim) and temporary (munqaṭiʿ) [also known as ‘mutʿah’]. A permanent marriage contract is one in which no period is specified for the marriage. A woman married by such a contract is called a ‘permanent wife’ (dāʾimah). A temporary marriage contract is one in which a period is specified for the marriage, such as a marriage contract that is concluded with a woman for one hour, one day, one month, one year, or longer. However, the period specified for such a marriage must not exceed the lifespan of the husband and wife or one of them; otherwise, the contract is invalid (bāṭil). A woman married by such a contract is called a ‘temporary wife’ (mutʿah).1

1 In the Persian original, the terms ‘mutʿah’ and ‘ṣīghah’ are used to refer to both temporary marriage and a temporary wife. In his Arabic work Minhāj al‑Ṣāliḥīn, al‑Sayyid al‑Sistani refers to a temporary wife as ‘mutʿah’, ‘al‑mutamattaʿ bi-hā’, and ‘munqaṭiʿah’ (vol. 3, p. 23).

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  • Ruling 2472

    If a person fornicates with a woman who is neither married nor observing the ʿiddah of her marriage to another man, in the event that he marries her afterwards and a child is born to them and they do …

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  • Ruling 2473

    If a man does not know that a woman is observing ʿiddah and he marries her, in the event that the woman didnot know either and a child is born to them, he is regarded as being of legitimate …

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  • Ruling 2474

    If a woman says she is postmenopausal, her word must not be accepted. However, if she says she does not have a husband, her word is to be accepted unless she is suspected to be someone whose word …

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  • Ruling 2475

    If a woman says she is not married and subsequently a man marries her, and after that someone claims that the woman is his wife, in the event that the person’s claim is not legally established to be …

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  • Ruling 2476*

    A father cannot separate a son or daughter from his/her mother before he/she completes two years of age, because looking after a child [up to the age of two] is a right that is shared between the father …

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  • Ruling 2477

    If a marriage proposal is received from a person whose religiosity and morals are approved, it is better not to reject it. It has been reported from the Most Noble Messenger (Ṣ) that he said, ‘Whenever a proposal …

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  • Ruling 2478

    If a wife arrives at a settlement (ṣulḥ) with her husband that she renounces her dowry in exchange for him not marrying another woman, it is obligatory on him not to marry another woman. Furthermore, the wife has …

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  • Ruling 2479

    If a person is born from fornication, later marries, and has a child, the child is considered to be of legitimate birth.

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  • Ruling 2480

    If a man has sexual intercourse with his wife [while fasting] in the month of Ramadan or when she is in the state of ḥayḍ, he will have sinned. However, if a child is born to them, the …

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  • Ruling 2481

    If a wife is certain (i.e. she has yaqīn) that her husband has died on a journey, and after the completion of the ʿiddah of a widow – the duration of which will be explained in the rulings on …

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