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other transmitters report the following hadith: A girl came to the Prophet (s.a.w.s.) and informed him that her
father had married her to her cousin against her wishes, whereupon the Prophet (s.a.w.s.) allowed her to
exercise her choice. She then said, ‘I am reconciled to what my father did but I wanted to make it known to
women that fathers have no say in this matter.’
The father of a girl must not delay marriage of his daughter if a proposal is received from a man of equal
status who is of sound religion and character. The Prophet (s.a.w.s.) said, Three matters should not be
delayed: salat when its time comes, burial when the funeral has arrived, and the marriage of a single woman
when a man of equal status has proposed. (Reported by al-Tirmidhî)He further said When someone with
whose religion and character you are satisfied asks for your daughter in marriage, accede to his request. If
you do not do so there will be corruption and great evil on the earth. (Reported by al-Tirmidhî)
It is permanently haram for a Muslim to marry a woman who belongs to one of the following categories:
1.
The father’s wife, whether divorced or widowed. During the period of jahiliyyah such marriages were
allowed. Then Islâm prohibited them, for once a woman is married to a man’s father she acquires the status of his
mother, and this prohibition is out of honor and respect for the father. Moreover, as this inviolable prohibition
leaves no room for sexual attraction between the son and his step-mother, they are able to develop a relationship
of respect and honor.
2.
The mother, including the grandmothers on both sides.
3.
The daughter, including the granddaughters from the son or daughter.
4.
The sister, including the half, and step-sisters.
5.
The paternal aunt, whether she is the real, half, or step-sister of the father.
6.
The maternal aunt, whether she is the real, half, or step-sister of the father.
7.
The brother’s daughter, i.e., his niece.
8.
The sister’s daughter, i.e., his niece.
All these female blood-relatives are a man’s muharramat and he is mahrem to his corresponding female relatives.
Marriage to any mahrem whomsoever is permanently prohibited. The reasons for this prohibition are as follows.
A.
Entertaining any sexual thoughts concerning such close relatives as one’s mother, sister, and daughter is
instinctively abhorrent to human nature; there are even certain animals which avoid mating with such closely-
related animals. The respect a man feels for his aunts is like the respect he has for his mother, and likewise
uncles are regarded as fathers.|
B.
Since the family must live together in intimacy and privacy but without incestuous relations, the Shari‘ah
intends to cut at the roots of any sexual attraction among such close relatives.
C.
Since there is natural love and affection among such close blood relatives, the intent of the Shari‘ah is to
expand the circle of love and kinship by prohibiting incest and thereby directing the man’s search for women
outside the family. Thus each marriage extends the sphere of love, bringing new people within this ever-
expanding network of affection: “And He has put love and mercy between you.” (30:21)
D.
The natural sentiments of love and affection between a man and the above-mentioned female relatives
must be kept strong forever. If marriage were permitted between such relatives, it would cause jealousies,
dissensions, and the disruption of families, destroying the very sentiments of love and affection which give
cohesiveness and permanence to the family structure.
E.
The offspring of marriages to such close blood relatives would most probably be defective and weak.
Moreover, if physical or mental defects are present in the members of a family, they would become more
pronounced among the children of such marriages.
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F.
The woman needs someone to champion her rights and support her case against her husband,
especially when relations between the two of them become strained. If those women who could defend her
became rivals, how would this be possible?
9.
The foster mother: It is haram for a Muslim to marry a woman who has suckled him during his infancy, for
suckling makes her like his real mother, since milk has gone into the making of his flesh and bones. Nursing
consciously or unconsciously produces feelings of motherhood in a woman and of kinship in a child, and
although these feelings might seem to disappear as the child grows and becomes a man, they remain
hidden in the unconscious. However, the prohibition of marriage based on fosterage is effective only if the
suckling occurred before the time of weaning; that is, when milk was the primary source of food. Another
condition is that the child has suckled his fill on five separate occasions, a fill being defined as when the child
leaves off suckling of his own accord. After a survey of all the ahadith on this subject, the fixing of five
sucklings as the minimum seems to be the preferred view.
10.
Foster sisters: Just as a woman become a mother to a child by virtue of suckling, likewise her daughters
become his sisters, her sisters his aunts, and so on. The Prophet (s.a.w.s.) said: “What is haram by reason
of genealogy is haram by reason of fosterage.’‘ (Compiled by al-Bukhâri and Muslim.)
Thus the foster-sisters, foster-aunts, and foster-nieces are all muharramat and marriage to them is
permanently prohibited.
In-Law Relationships
11.
The mother-in-law: Marriage to the wife’s mother is permanently prohibited from the time a man enters
into a marriage contract with a woman, whether he and hiwife have engaged in sexual intercourse or not.
The act of marriage itself gives the mother-in-law the same status as the mother.
12.
The sdaughter: A man cannot marry his step-daughter (his wife’s daughter by a previous marriage) if
sexual intercourse has taken place with her mother, his wife. However, if a man divorces his wife without
having had intercourse with her, it is permissible for him to marry her daughter by a previous marriage.
13.
The daughter-in-law: That is, the wife of the real son, not that of the adopted son. In fact, Islâm abolished
the permissibility of the system of legal, formalized adoption, because this is contrary to fact and to reality,
resulting in the prohibiting of what is essentially halal and the permitting of what is essentially haram. Allâh
Ta‘ala says:...Nor has He made your sons by adoption your (real) sons. Those are simply words from your
mouths....(33:4) meaning that it is merely an expression of the language which does not alter reality nor
transform an outsider to the family into a blood relative.
These three types of female relatives are forbidden in marriage in order that peaceful relationships may be
maintained among the in laws.
14.
As opposed to the practice of the period of jahiliyyah, Islâm forbade taking two sisters as co-wives, at the
same time because the feeling of love and sisterliness which Islâm wants to maintain between sisters would
be destroyed if one sister became the co-wife of the same husband. While the Qur‘ân mentioned the two
sisters, the Prophet (s.a.w.s.) added, A man may not be married to a woman and her paternal aunt (at the
same time), nor to a woman and her maternal aunt. (Compiled by al-Bukhâri and Muslim.) and he said, If
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