Mahram - The Women with whom marriages Haram
There are some specific categories with whom marriage is forbidden as haram. There are certain reasons for declaring these women as haram.
There are nine (9) such kinds of women, seven of whom are haram on account of direct blood relations namely
- Maternal aunt
- Paternal aunt
- Brother's daughter's (niece)
- Sister's daughter (niece).
By MOTHER is meant the woman is whose lineage she herself belongs, directly or indirectly. There fore-grand paternal mother (dadi) and grandmaternal mother (nani) and all upper relations in this lineage are harams because all of these are included n the rank of a mother of parents, grandfather and grandmother and great mother of father and mother.
By DAUGHTER meant all those women who are her descendants (off spring). Therefore granddaughter and great-granddaughter (on a paternal or maternal side) however downward they may go in the family dynasty are all haram.
PROBLEM:- Sister, she may be real (from the same parent) or unreal (from mixed parentage) are haram.
PROBLEM:- The paternal grandmother (dadi) and maternal grandmother (Nani) is in the ranks of ones owns grandmother and as such the maternal mother of the maternal mother and the paternal mother of the paternal mother are all haram.
PROBLEM:- The grand offsprings of the offsprings of one's own sister and brother are also haram.
PROBLEM:- The illicit daughter, grand daughter, brothers daughter and sisters daughter are all also haram.
PROBLEM:- The daughter of the woman with whom her husband had committed Le'a'n ( ) will be haram on him although she will be attributed to her mother.
The other kind of woman who is haram is on account of, These are
- The daughter wife will whom has been committed.
- The mother, grand mother (mother of the parents and the wives of a real father and grand father the wives of unreal sons and grandsons.
PROBLEM:- The intercourse of the natural pattern and are akin for the purpose of reckoning the consequence of the act. If the man has intercourse with a woman her daughter becomes haram on him even if he does not commit wati.
PROBLEM:- A man marries a woman but before he had with her, there comes separation between them. In that case, the daughter of that woman will not be haram on him.
PROBLEM:- Just as the occurs on account of it also occurs when one touches a woman kisses a woman or looks at the internal part of a woman's shame under excitement of passion (sexual impulse) whether it is intentional or by mistake of by way of forgetfulness or under compulsion, it will in any case prove.
PROBLEM:- Conditions for the are as under,
The woman should be "Mushtahat" or the one who excites passion, which means that she should not be less than nine years of age; she should be alive. If he touches a woman (girl) of less than nine years age or the body of a dead woman the condition of being haram shall not apply.
PROBLEM:- A man marries a woman and his son marries the daughter of that woman form another husband; it is permissible. Similarly, if the son of that man marries the mother of that woman, it is valid.
The Third kind of woman is of those of whom two of the same relation can not remain in the Nikah of one and the same man.
and these are the woman of one of them is supposed to be a man the other become haram on him For example
- In the case of two sisters, if one of them is supposed a man the two (sister) would become brother and sister.
- The relation between paternal aunt and the paternal sister, when paternal aunt is supposed to be a man the resultant relation between should become uncle and cousin and if the paternal sister is supposed to be a man the relation shall become that of the paternal aunt and the cousin (uncle's son)
- The relation of a maternal aunt (Khala) and paternal daughter (Bhanji). If Khala is supposed to be a man the relation becomes that Mamoon and Bhanja mother's brother and (his son), and if mamu's daughter (Bhanji) is supposed a man relation thus becomes that of Bhanja and Khala.
Under sharia's law, two of that kind of women cannot bring together under one man's Nikah. If he divorces, one then till the expiry of the Iddat he can not marry the other woman.
PROBLEM:- The two kinds of women of the family or blood relations referred to above are not restricted to the above but the same applies even to foster relations two of which to be present under one and the same person is also haram, for example, foster-sister, foster-aunts (maternal and paternal).
PROBLEM:- If there be two such women that if any of them is supposed to man (masculine) the other becomes haram but if the other woman be supposed a man the first does not become haram, then two of this kind can be made to live together with the same man (husband), for example the woman and the daughter of her husband that if that girl be supposed a man then she would be haram on him as then she would be his unreal mother (sauteli maa) and if the woman be supposed a man then there shall be no relation with him, same proposition applies in respect of a woman and her daughter in law.
The Fourth kind of women are those who are haram because the one is under the possessive (as property) rights of the other like the lady of the house and her maid servant (with no rights of her own) of any description.
PROBLEM:- A woman cannot marry her male servant (ghulam) whether he be under her exclusive control or be shared by others as well.
The Fifth kind of women are those with whom is Nikah haram because of non-belief or faithlessness (shirk).
PROBLEM:- A Musalman can not marry a woman of other sects like Majusis (Fire worshipers) idolaters, sun worshipers and star worshiper and all other sects except those belonging to revealed religions and Books, like christianity or Judaism (Jews), but such marriages should be avoided as complications are like by to arise in such formities. But even in the such case then should be reasonable surety that there women will not turn apostate in which event the Nikah shall become void.
PROBLEM:- A Musalman woman can not marry other than a Musalman man , whatever the latter's religion or belief be.
PROBLEM:- The Nikah of a murtid (a man who rejects or denounces his religion a murtidah (feminine of murtid) can not be valid with any one.
PROBLEM:- The husband and wife were both formerly non-believers, but both because Muslims, in this case the former Nikah (marriage bind) will remain intact, no fresh Nikah binding.
If only the husband accepts Islam, the woman shall be asked to do likewise. If she accepts Islam the wedlock will not be broken, otherwise separation will be made.
Similarly if the woman accepts Islam then the man will be asked to believe. But if he fails till the passage of three menstruation courses by the woman, she does not remain his wife, she can marry whom she likes.
The Sixth kind of women is that (purchased) slave girl with whom Nikah is solemnized as a Hurrah (independent and free woman).
PROBLEM:- In the presence of Hurrah under lawful Nikah with her, another Nikah with a slave-girl is not justified.
PROBLEM:- If a person first marries a slave girl with the Hurrah (independent free) woman, his Nikah with both will be in order.
Seventh kind of women are those who are connected with others (otherwise than by marriage) Nikah.
PROBLEM:- Another Nikah with a woman already in the Nikah of some one else is not permissible, even is she be in Iddat of some one else either on account of divorce or death for any other reason.
PROBLEM:- Nikah with a woman who is pregnant on account of adultery is allowed. If the pregnancy is by himself, he can also have intercourse (wati) with her. If the pregnancy is some one else then till the birth of the child no wati (intercourse) is permissible.
PROBLEM:- Nikah with a woman whose pregnance is established as belonging to a certain dynasty (sabit un Nasab) is not allowed.
Eighth kind of women with whom Nikah is not allowed are those who are above the number of women permissible by Shariat. They are haram for a Nikah.
PROBLEM:- An independs free man can have four women in his Nikah at a time, while a slave (Ghulam) can not have more than two women in his Nikah. An independent free man can have any number of slave girls.
PROBLEM:- Mot's is haram If even if the Nikah is performed for a limited period, it is haram , though it may be for the whole life.
Ninth kind of women are those who are haram on account of fosterage.
PROBLEM:- Women who are haram on account of family/blood relations are also haram on account of fosterage, except those mentioned in the next chapter dealing with fosterage relations.