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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 2462

    If a husband stipulates a condition in the marriage contract that his wife must be a virgin but after concluding the marriage he realises that she is not a virgin, he can annul the marriage contract. However, if …

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  • Ruling 2463

    It is unlawful for a man and a non-maḥram woman to remain together in a secluded place where no one else is present in the event that an immoral act taking place is deemed probable, even if the place …

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  • Ruling 2464

    If a man specifies a woman’s dowry in the marriage contract but he does not have the intention to give it, the marriage contract is valid. However, the man must give the dowry.

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  • Ruling 2465

    A Muslim who leaves the religion of Islam and chooses to be a disbeliever is called an ‘apostate’ (murtadd). There are two types of apostates: ‘fiṭrī’: this is someone whose father and mother, or one of them, were …

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  • Ruling 2466

    If after the conclusion of a marriage contract a woman becomes apostate, whether that be millī or fiṭrī, her marriage contract becomes void. In the event that her husband has not had sexual intercourse with her, she does not …

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  • Ruling 2467

    If a man becomes a fiṭrī apostate after marriage, his wife becomes unlawful for him. If they have had sexual intercourse and she is neither postmenopausal nor a minor, she must observe the ʿiddah of a widow, which will be …

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  • Ruling 2468

    If after the conclusion of a marriage contract a man becomes a millī apostate, in the event that he has not had sexual intercourse with his wife or his wife is postmenopausal or a minor, the marriage contract becomes …

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  • Ruling 2469

    If a woman stipulates a condition in the marriage contract that the man must not take her out of a particular city and the man accepts the condition, then he must not take her out of the city …

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  • Ruling 2470

    If a woman has a daughter from her previous husband, her subsequent husband may marry his son – if he was not born to the same woman – to that daughter. Also, if a man marries his son …

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  • Ruling 2471

    It is not permitted to abort a foetus even if a woman becomes pregnant through fornication unless the foetus remaining [in the mother’s womb] causes the mother harm or excessive difficulty. In such a case, it is permitted …

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