Obstacles to marriage in the Shafi'i school مقالة

خلاصة:

Barriers of marriage are: Kinship, woman is married, man has four wives, marriage during waiting period of woman, kinship of some women, blasphemy, cursing and bans. Kinship including collateral, marriage and fosterage stops matrimony to some extents. Relatives to whom marriage is forbidden due to kinship are called maharem. Collateral maharem are mother, daughter, sister, aunt, brother’s dughters and sister’s daughters. Collateral maharem are of two types: Becoming son-in-law and kinship of two women. Son-in-law relationship is between man and woman that necessitates banned marriage including grandfather’s and father’s wife, child’s wife and grandmothers of wife, wife’s daughter from another husband. Kinship of two women such as two sisters where one of them is man and their marriage is not permitted and it is prohibited; therefore, man cannot create kinship between wife and his sister-in-law; in case marriage with the wife is dissolved, he can marry her sister. Fosterage religiously means that a less than 2-year-old baby is breastfed. Fostering creates ban in the same ways kinship triggers ban. Woman’s marriage stops matrimony. In Islamic law, polygamy is permitted but up to four wives; where man has four wives, he cannot marry a fifth wife. Waiting period means a span of time if not expired woman cannot marry another man until her first marriage contract is terminated. If man divorces his wife three times in such a way that he refers to re-marriage two times in between three divorces, the woman is haraam for that man. Blasphemy of one of the spouses stops matrimony. When cursing each other ends, both woman and man become separated and woman is haraam for man and child is not linked to husband. A Mohrem (hajj pilgrim) person with whom marriage is prohibited cannot be married or marry anyone, nor can he represent someone else in marriage whether man or woman; whether he is up to hajj or Omrah or on behalf of someone else.