6. UNMARRIAGEABLE KIN
UNMARRIAGEABLE KIN (MAHRAM)
(It is unlawful for one to marry one’s ancestors, descendants, parents’ descendants, or the first generation of one’s grandparent’s offspring, meaning one’s paternal or maternal aunts (or uncles, if one is female). One’s unmarriageable kin (mahram) are those one is forbidden to marry forever.)
It is unlawful (meaning both sinful and legally invalid) for a man to marry his:
1. mother;
2. grandmothers (0: from his mother’s or father’s side) and on up;
3. daughters;
4. daughters of his children, children’s children, and on down;
5. sisters;
6. daughters of brothers or sisters, their children’s daughters, and on down;
7. mother’s sisters, grandmother’s sisters, and on up;
8. father’s sisters, father’s father’s sisters, and on up;
9. wife’s mother;
10. wife’s grandmother;
11. the wives of his father, father’s father, and on up;
12. the wives of his children, children’s children, and on down;
(all of whom «9) through (12» are unlawful for him to marry by the mere fact of marriage. As for a man’s wife’s daughter (from a different husband), she is not unlawful for him to marry until he has had sexual intercourse with her mother. Were he to divorce the mother before intercourse, it would be permissible for him to marry the daughter)
13. (and all those considered as unmarriageable kin to him through his having been breast-fed by a particular wet nurse in infancy).
(It is unlawful and invalid for a woman to marry her:
1. father, grandfather, and on up;
2. son, son’s son, daughter’s son, and on down;
3. brother;
4. father’s brother, meaning the brother of any male ancestor;
5. mother’s brother, meaning the brother of any female ancestor;
6. brother’s son, sister’s son, or any other descendants of brothers or sisters;
7. the husband of her mother, grandmother, and on up;
8. the husband of her daughter or other female descendant;
9. her husband’s father, grandfather, and on up, and husband’s son and descendants;
10. (and unmarriageable kin to her through her having been breastfed by a particular wet nurse in infancy).
It is unlawful for a man to marry both:
1. a woman and her sister;
2. a woman and her father’s sister
3. or a woman and her mother’s sister
(But if a man is no longer married to one of the above and the waiting period has expired, then he may marry the other.)
The same categories of relatives who are unlawful for one to marry because of one’s kinship relation to them are also unlawful to one by “foster relationship,” through having been breast-fed by a particular wet nurse in infancy (since someone nursed in infancy by a woman is prohibited to marry those whom her offspring and her husband’s offspring are prohibited to marry).
It is unlawful for a Muslim man to marry:
1. a Zoroastrian woman;
2. an idol worshipper;
3. an apostate from Islam (murtadd);
4. or a woman with one parent. who is Jewish or Christian, while the other is Zoroastrian.
5. (It is not lawful or valid for a Muslim man to be married to any woman who is not either a Muslim, Christian, or Jew; nor is it lawful or valid for a Muslim woman to be married to anyone besides a Muslim.)
It is unlawful for a man who has divorced his wife by public imprecation to remarry her (though she is not considered his unmarriageable kin (mahram), and he may not look at or be alone with her).
It is unlawful to marry a woman who is in a state of pilgrim sanctity (ihram) (for hajj or ‘umra), or in her waiting period after marriage to another.
It is unlawful for a free man to marry more than four women. It is fitter to confine oneself to just one.
The following types of marriage are legally invalid:
1. to marry by “trading daughters [or sisters]” (such that the marriage of each by the guardian of the other supposedly takes the place of the woman’s marriage payment (mahr»;
2. to have a “temporary marriage” (mut’a), meaning to marry a woman for a stipulated period (whether specified, such as a month, or unknown, such as “until So-and-so comes”);
3. or to marry a woman after her threefold divorce solely to cohabit and thus permit her to remarry her previous husband (which is an enormity, though if the marriage agreement is made for this reason but does not expressly stipulate it, then it is legally valid.
(Source: The reliance of the traveller, revised edition, Edited and Translated by Nuh Ha Mim Keller)
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