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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 2412

    If a woman realises that her husband has married her niece and she does not say anything about this, in the event that she consents afterwards, the marriage is valid. But if she does not consent, it is …

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  • Ruling 2413

    If a person fornicates with his maternal aunt or paternal aunt before marrying the daughter of either of them, then based on obligatory precaution, he can no longer marry the daughter.

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  • Ruling 2414

    If a person marries the daughter of his paternal aunt or maternal aunt and after sexual intercourse or before it, he fornicates with her mother, it does not annul their marriage.

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  • Ruling 2415

    If a person fornicates with a woman other than his maternal or paternal aunt, the recommended precaution is that he should not marry her daughter.

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  • Ruling 2416

    A Muslim woman cannot marry a man who is a disbeliever (kāfir), be it in a permanent marriage or a temporary one. It makes no difference whether the man is from among the People of the Book (ahl …

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  • Ruling 2417

    If a person fornicates with a woman who is observing the ʿiddah of a revocable divorce, then based on obligatory precaution, that woman becomes unlawful for him [to marry]. However, if a person fornicates with a woman who …

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  • Ruling 2418

    If a person fornicates with an unmarried woman who is not observing ʿiddah, then based on obligatory precaution, he cannot marry her before she repents. However, there is no problem if another man wishes to marry her before …

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  • Ruling 2419

    If a man marries a woman who is observing the ʿiddah of her marriage to another man, in the event that both or one of them knew that her ʿiddah was not yet over and they knew that …

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  • Ruling 2420*

    If it is established for a man that a woman is married, and he knows it is unlawful to marry a married woman but marries her anyway, he must separate from her and not ever marry her again. …

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  • Ruling 2421

    If a married woman commits adultery, then based on obligatory precaution, she becomes unlawful forever for the adulterous man. However, she does not become unlawful for her husband. In the event that she does not repent and persists …

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