Saturday, April 21, 2018 5:56:24 PM
Rules of Marriage and Divorce

Permission of Her Father for Marriage
If the girl is virgin, it is necessary – by obligatory caution – to obtain the permission of her father/paternal grand father for her marriage.

Permission of a Sunni Girl's Father
Although it is permissible for a Shi'a boy/girl to marry a Sunni as long as he/she does not fear that their belief in their denomination would be endangered, by obligatory caution the permission of her father should be obtained for her marriage if she is virgin.

To Skip the Father's Permission
If a girl is in need for marriage, the man — asked for her hand — is her equivalent as per the shar` and common view and, in the present time, there is no other qualified man to ask for her hand, the father's permission ceases to be necessary.

Permission of a Non-virgin Girl's Father
In case that the girl’s virginity has been lost through an intercourse by mistake or fornication, there is no need to obtain her father's permission (like in virgin girl) for marriage but one would not neglect the caution in obtaining this permission. However, if her virginity has been lost through means other than intercourse, concluding marriage with her should be with the permission of her father.

Amount of the Dowry
The amount of the dowry (maḥr) is to be agreed upon by both parties. However, in the holy Islamic shariah, it is advised to decrease the amount of maḥr. It is mustaḥabb to put maḥr al- sunnah as the maḥr.

Dowry
If dowry is an amount of money, the husband owes his wife this amount on which marriage contract is concluded. However, if with the passage of time its purchasing power is decreased significantly, it is caution to reach a conciliation regarding the difference.

Cheating in Marriage
The husband has the right to revoke the marriage contract if it is specified with in the contract that she enjoys a certain good character or she is free from a certain defect/error and it is proved otherwise. The same rule applies if these things have been attributed to her/mentioned before conclusion of the marriage contract and the contract is based on it. Then she has no right to dowry if the marriage is consummated and it was her who deceived the husband. If someone else deceived him, she has right to the specified dowry but he can claim it from the deceiver after paying it to her.

Bride/Groom Relations before Taking Her Home
After recitation of the marriage formula, the couple may enjoy each other unless a certain enjoyment is agreed to be delayed to the night of consummating the marriage, in which case he has to observe the specified term.

Maintaining One's Wife
As maintenance, the wife has right to nothing but to a conventional residence, clothing, food and medical expenses in accordance with her status.

Anal Sex
It is highly makrūh to engage in anal intercourse and it is closer to caution to abandon it especially if it is without her consent. If it harms her, it is ḥarām.

The Husband's Permission for Going out
As long as a girl lives in her father's house, she is not obliged to ask her husband's permission for going out.

Marriage with a Person of Unknown Religion
If someone wants to marry a girl while he is not aware of her religion, it is not necessary to ask about it provided that there is some evidence or clue to show that and one is allowed to marry her. Otherwise, asking is a must.

An Illegitimate Child
An illegitimate child has a right to living, training, and maintenance until they reach self- sufficiency level. However, the rules specific to a legitimate child do not apply to them. 

How to Make One's Adopted Girl Maḥram
It is allowed to marry one's adopted girl to one's father temporarily, e.g for two hours, with the permission of a mujtahid provided that it is convenient for her interest. In this case, the girl will be maḥram to her adopted father forever.

Self-divorce for Separated Women
If the husband is absent, there is a dispute between the married couple and the husband does not agree with divorce and continuing with this life entails difficulties and unbearable hardship for the wife who can no longer bear such a situation, the wife may refer her case to one of the representatives / attorneys of a ḥākīm al-shar` (mujtahid) to recite the divorce formula after confirming the subject.

To Marry the Same Man and Its 'Iddah
A woman, who is observing 'iddah of a temporary marriage, may marry the same man temporarily. However, after the second marriage, she should observe a complete 'iddah due to consummation of the first marriage —although the second marriage is not consummated — and that part of 'iddah, observed before the second marriage, is not considered.

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