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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 2422

    If a woman who is divorced – or if a woman who was a temporary wife and who was given the remaining marriage period by her husband, or whose marriage period came to an end – marries again …

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  • Ruling 2423

    The mother, sister, and daughter of a boy who has been sodomised are unlawful for the one who sodomised him if the latter was bāligh, even if the extent of penetration was less than the circumcised part of …

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  • Ruling 2424

    If a person marries a woman and after marrying her sodomises her father, brother, or son, then based on obligatory precaution, she becomes unlawful for him.

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  • Ruling 2425

    If a person marries a woman while he is in the state of iḥrām (iḥrām is one of the requirements of hajj),9 the marriage contract is invalid even if the woman is not in the state of iḥrām

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  • Ruling 2427

    If a man or a woman does not perform ṭawāf al-nisāʾ,10 which is one of the rituals of hajj and al-ʿumrah al‑mufradah,11 then sexual activity is not lawful for them until they perform ṭawāf al‑nisāʾ. However, if they marry, …

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  • Ruling 2426

    If a woman marries a man while she is in the state of iḥrām, the marriage contract is invalid even if the man is not in the state of iḥrām himself. In the event that the woman knew …

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  • Ruling 2428

    If a person marries a non-bālighah girl, it is unlawful for him to have sexual intercourse with her until she has completed nine lunar years. However, if he does have sexual intercourse with her before then, it will …

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  • Ruling 2429

    A woman who has been divorced three times – having returned to her husband twice or having again contracted marriage with him twice in between those three divorces – becomes unlawful for her husband. However, if she marries …

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  • Ruling 2430

    It is unlawful for a woman in a permanent marriage to leave the house without the permission of her husband even if this does not infringe on his rights, except in the following cases: [i] a necessity requires …

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  • Ruling 2431

    If a woman does not perform any of her marital duties towards her husband, she has no right over him for food, clothing, and housing, even if she continues to live with him. If she sometimes refuses to …

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