چکیده:
Every woman, according to her nature and instinct, has the capacity for marriage and can be the subject of a marriage contract; however, in relation to a specific man, she may lack the capacity for marriage and cannot enter into a contract. This means that marriage with a specific man may be permissible and valid, or it may be forbidden and illegitimate. This prohibition and lack of permissibility may be eternal and permanent or temporary; therefore, the causes for the prohibition of women may be original or temporary. (Eternal Prohibitions) are cases where a woman never becomes lawful to someone to whom she is forbidden, because the attribute causing the prohibition is one of the attributes inherent to the woman and does not vanish from her, such as consanguinity. Cases that cause eternal prohibition are divided into three categories: kinship (lineage), affinity (marriage relationship), and fosterage (breastfeeding). (Temporary Prohibitions) refers to women whose cause of prohibition is not permanent but temporary; the woman remains forbidden to the man as long as she possesses this attribute or state, and when this attribute or state changes and the cause of prohibition vanishes, the woman becomes lawful to the man; such as a married woman who, if her husband divorces her or passes away, becomes lawful to others. Temporary prohibitions (temporary impediments) include being married, being in the waiting period (Iddah), difference of religion, having four wives, combining prohibited relatives, Li'an (oath of condemnation), and a woman divorced by the third divorce in relation to her husband.
خلاصه ماشینی:
This means that marriage with a specific man may be permissible and valid, or it may be forbidden and illegitimate, and this prohibition and impermissibility may be eternal and permanent or temporary; therefore, the causes for the prohibition of women may be perpetual or temporary.
Temporary prohibitions (temporary impediments) include being married, being in the waiting period (Iddah), difference of religion, having 4 wives, combining between mahrams (prohibited relatives), Li'an (oath of condemnation), and a woman divorced by the third divorce in relation to her husband.
B. Prohibitions due to affinity (marriage) Those who are forbidden to marry due to affinity are divided into four categories: A- The female ascendants of the wife, no matter how distant they may be, whether they are paternal or maternal relatives, such as the father's wife and the grandmother (the father's father and the mother's father).
For instance, if a woman breastfeeds her brother-in-law, her foster mother-in-law must also be counted and become forbidden to him; or if a woman breastfeeds her grandchild, since this grandchild becomes her foster daughter, the child's mother is also considered her foster sister, meaning it would be as if a man married the foster sister of his grandchild, and for this reason, their marriage would be dissolved.
According to Article 1057 of the Civil Code: "A woman who has been the wife of one person for three consecutive times and has been divorced becomes forbidden to that man, unless she enters into a permanent marriage with another man and, after the occurrence of intimacy with him, separation occurs due to divorce, annulment, or death.
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