Miscellaneous Issues of Marriage
2586. If a person gets entangled in Haraam acts owing to his not having a wife, it is obligatory for him to marry.
2587. If the husband makes it a condition before Nikah, that the woman should be a virgin, and it transpires after Nikah that she is not virgin, he can repudiate the marriage. The same applies if it is not set as a condition, but it is customary for the woman to be virgin.
2588. It is Haraam for a man and a woman who are not Mahrams, to be together at a private place where there is no one else, if it is feared to lead to immorality and scandal, even if it is a place where another person can easily arrive. But, if there is no fear of any evil, there is no objection.
2589. If the man fixes the Mahr of the woman at the time of Nikah, but intends not to give it, the marriage contract is in order, but he will be indebted to her.
2590. If a Muslim renounces Allah or the Holy Prophet (AS) or denies obligatory rules of Islam, which are regarded as an integral parts of their religion by Muslims like obligation of Namaz and fasting, if this denial is resulted from renouncing of Allah or the Holy Prophet (AS) and he knows its obligatory nature, he is an apostate. Also, the same applies to one who denies “Maad” (Resurrection) or becomes a member of Khawarej, Nawasev and Gholat.
2591. If a woman becomes an apostate after marriage, her marriage becomes void, if her husband has not had sexual intercourse with her. And the position will be the same if she apostatizes after sexual relation and she has reached menopause, and she is Sayyideh, with 60 years and otherwise, 50 years of old. But, if she is not, she must act according to rules of divorce, which will be explained and keep Iddah. But, if she becomes Muslim in the middle of Iddah, the marriage is valid; but if she remains apostate until the end of Iddah, the marriage is void.
2592. If the father or mother of a person is Muslim when he was born, then if he remains Muslim after becoming Baligh, then becomes apostate, his wife is Haraam for her and she must keep Iddah and such a person is called Fitri Mortad (apostate) by Foghaha.
2593. A man who is born from non-Muslim father and mother and later he has become Muslim, if he becomes apostate before sexual intercourse with his wife, or his wife is in the age of menopause, his marriage is void and if he becomes apostate after intercourse and his wife has not reached the age of menopause, his wife should keep Iddah - It will be told in rules of divorce -, and if her husband turns to Islam before the end of Iddah, the marriage is valid and otherwise, it is void. in the first case, it is better to renew Aqd. Foghaha call this person Melli apostate.
2594. If the woman imposes a condition at the time of Nikah that her husband will not take her out of the town, and the man also accepts this condition, he should not take her out of that town against her will.
2595. If a woman has a daughter from her former husband, her second husband can marry that girl to his son, who is not from this wife. Also, if a person marries his son to a girl, he himself can marry the mother of that girl.
2596. If a woman becomes pregnant as a result of fornication or adultery, it is not permissible for her to have an abortion.
2597. If a man commits fornication with a woman who has no husband, nor is she in any Iddah, and later marries her, and a child is born to them, and they do not know whether the child is the outcome of legitimate relation or otherwise, the child will be considered legitimate.
2598. If a man does not know that a woman is in her Iddah and marries her, and if the woman, too, does not know (that she is in her Iddah) and a child is born to them, the child is legitimate and according to Shariah belongs to both of them. However, if the woman was aware that she was in her Iddah, and that during Iddah marriage is not permissible, the child according to Shariah belongs to the father, and in either case their marriage is void, and they are Haraam for each other.
2599. If a woman says that she has reached menopause, her word may not be accepted, but if she says that she does not have a husband, her word is acceptable, except when she is known to be unreliable, in which case, investigation will be necessary.
2600. If a man marries a woman after her assertion that she does not have a husband, and if some one claims later that she was his wife, his claim will not be heeded unless it is proved to be true according to Shariah laws. But, if that person is reliable, as an obligatory precaution, the man should divorce her.
2601. Until a son or a daughter completes two years of his/her age, his/her father cannot separate him/her from his/her mother, provided she is sane, Muslim and free and not married to others. Otherwise, father is preferred but if father is dead, the mother even if she is married is preferred to grandfather and others and this order should be observed as an obligatory precaution.
2602. It is a recommendatory act to arrange for early marriage of a Baligh daughter who has reached the age of Taklif. If has been reported from Hazrat Imam Sadgh (S): “One of the prosperities of a man is that his girl does not se Hayz in his house.”
2603. If a woman compromises her Mahr with her husband, on a condition that he will not marry another woman, it is obligatory upon him that he does not marry another woman, and that the wife should not claim her Mahr.
2604. If an illegitimate person marries and a child is born to him, that child is legitimate.
2605. If a man has sexual intercourse with his wife during fast in the month or Ramadhan or when she is in her menses, he commits a sin, but if a child is conceived, it is legitimate.
2606. If a woman who is sure that her husband died while on a journey, marries another man after completing the Iddah of death (which will be explained in the rules relating to divorce), and later her first husband returns from journey, she should immediately separate herself from her second husband, and she will be Halal for her first husband. But, if the second husband has had sexual intercourse with her, she should observe Iddah, and the second husband should give her proper Mahr equal to that of the women similar to her category, but she is not entitled to subsistence during Iddah, and she is Haraam permanently for the second husband.
2607. A woman whose wife is gone to travel or he is lost in action in war front or sea journey, if she is certain that her husband is alive, she cannot marry, and her expenses should be paid out of husband’s property or alms or public funds if needed.
2608. In the previously said situation, if the woman does not know that her husband is dead or alive, then if father, grandfather or Wakil (representative) of her husband pay her expenses out of their own or the husband’s property, the wife should wait and she is not permitted to get married again. But, if they do not and if the wife has to suffer hardship, she may resort to a fully competent Mujtahid and the Mujtahid will tell her to wait until 4 years and investigates through sending letters to the possible location of her husband and by other means. If it is proved that he is alive, she must wait and if it is not proved, the fully competent Mujtahid orders the father or grandfather of husband to divorce the wife and if that is not possible, the Mujtahid may do it himself and, as an obligatory precaution, after divorce she must keep Iddah of death which is 4 months and ten days and later she is free and may get married; but if her husband is found during Iddah period, he may return to her, and if he is found after Iddah, it is better not to return to her. Also, in this case, if it is known or it is certain that the husband will not be found in 4 years, it is not necessary to wait 4 years.