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MATRIMONY  (NIKAH)

ABOUT PEOPLE WITH WHOM MATRIMONY IS PROHIBITED

1 : If a man commits adultery with a woman, then it is not permissible for him to marry her mother or her daughters.

2 : If a woman out of sexual passion and with evil intent commits sexual intercourse with a man, then it is not permissible for the mother or daughters of that woman to merry that man. In the same way, the man who committed sexual intercourse with a woman, because prohibited for her mother and daughters.

3 : If a man gets up in the night to waken his wife but commits sexual intercourse with his daughter of mother-in law by mistake, but with sexual passion taking her to be his wife, then that man becomes prohibited for his own wife for ever. Now there is no way out to make her valid for him and hence divorce becomes necessary.

4 : If a boy commits sexual intercourse with his step-mother with bad intent, then woman become prohibited for her husband. Now she can in no way become valid for him. And if the step-mother does so with her step-son, then the same rule will apply.

5 : If a woman who has no husband, becomes pregnant by adultery, her matrimony is also proper. But to indulge in sexual intercourse before the birth of the child is not proper. But if she performs matrimony with the same person who had committed adultery with her, then sexual intercourse with him is also permissible.

ABOUT GUARDIAN

1: After being informed of matrimony, when it is necessary to approve it with tongue, she did not do so, but when her husband met her she did not refuse sexual intercourse with him, then also the matrimony become proper.

2 : If in the matrimony of a girl (who has not yet attained her puberty) is being performed with someone by anyone other than her father and grandfather, and the girl was well-informed about her matrimony; and she attained her puberty and remained without sexual intercourse with her husband as yet; then if she expresses her disapproval just at the time of attaining puberty and says that she does not want to kee0p this matrimony and even if none is present there,  her matrimony will not break unless she does not go to religious authority and he makes her matrimony break. But if after attaining puberty she remains silent even for a moment, then she will forfeit her right to breaking her matrimony. But if she was not informed if her matrimony, then she should express her disapproval just at the moment she attains puberty, otherwise her right to break her matrimony will be forfeited.

3 : Of one attains her puberty after sexual intercourse by her husband, then refusal is not necessary just after reaching puberty, rather one has a right to accept or reject till her inclination be comes clear; no matter how much time is passed. But if she tells in clear words that she does approve of the relation or any indication regarding approval is found such as her living with her husband in privacy like 'husband and wife' then her right to refuse her matrimony is forfeited and matrimony becomes inevitable.

ABOUT MAIH'R (MONEY SETTLED UPON THE WIFE)

1 : If one got fixed rupees then or twenty or a hundred of something according to his monetary position, as 'Maih'r' and brought his wife home and indulged in sexual intercourse with her or did not do so, but both the husband and wife lived together in such a place where there was nothing to stop him form committing sexual intercourse, then the entire 'Maih'r' fixed, has to be paid. And if nothing happened as mentioned above and in such a state the husband or the wife died, then also the entire amount of 'Maih'r' will have to be paid. And in case, no sexual relation got established nor there was chance for the same and the husband divorced his wife, then half of the amount of 'Maih'r' will have to be paid. In short, the husband and wife had such a privacy as mentioned above or any one of them died, then the whole 'Maih'r' become compulsory. But if divorce took place before such a privacy as mentioned above come to them, then half of the Maih'r become compulsory.

2 : If one of the two (husband or wife) was sick or was in a state of 'Saum' (fasting) of Ramadan or was donning 'Ehram' (pilgrim's robe during Hajj) or the wife had menses or anybody would peep into the enclosure; such a privacy does not make the entire Maih'r compulsory. If she gets divorce, she is entitled to half of the Maih'r. But if the Saum (fast) was not that of Ramadan, rather it was a saum o compensation or of 'Nafil' or 'Naz'r' (ablation) observed by anyone of the two and in such a state she remained in privacy with her husband, then she is entitled to get the whole of the 'Maih'r. The husband will have the whole Maih'r due on him.

3 : If the husband is impotent but the husband and wife remained in privacy with all its conditions then also she would get the whole Maih'r. In the same way, if any eunuch performed matrimony but divorced after remaining together in privacy, then also the Maih'r becomes due and she is entitled to get it.

4 : If the husband and wife pass time in privacy, but the girl is so minor that she is not fir for sexual intercourse or the boy is so minor that he can not commit sexual intercourse, then such a privacy does not make Maih'r compulsory.

5 : If anyone performs Nikah (matrimony) against the rules and so the husband and wife had to be separated; for example, on e performed Nikah (matrimony) without any knowledge of people or two witnesses or the two witnesses were deaf and hence they could not hear the words uttered during matrimony; or the husband had divorced her or had died and she performed another matrimony without completing the 'Iddat' (probationary period) or any such thing happened against rules and hence the two had to be separated without sexual intercourse committed by the husband, then she is entitled to no Maih'r at all. She will get no Maih'r even if she passed time with her husband in privacy fulfilling all conditions; then the wife is entitled to Maih'r-e- Mis'l (dower in force in the family). But if some Maih'r was settled at the time of matrimony and Maih'r-e-Mis'l is more then that, the Maih'r settled will be given and not the Maih'r-e-Mis'l.

6 : If commits sexual intercourse with a woman by mistake, thinking her to be his wife, then he has also to pay Maih'r-e-Mis'l. But such a sexual intercourse is not adultery and hence no sin for that. If, as a result of such a sexual intercourse, the woman becomes pregnant, then the family lineage will also not be affected and the child will not be treated as illegitimate. And when the person comes to know that the woman was not his wife, then she must remain aloof from her and now sexual intercourse with her is not permissible. Now it is necessary for the woman to wait for the 'Iddat' (probationary period); she, now cannot have sexual intercourse with her husband without completing her 'Iddat' (probationary period). The description of 'Iddat' (probationary period) will be come next Iddat Section, Insha-Allah.

7 : If the husband could not pay in advance the amount of Maih'r according to family custom, then the wife has a right to refuse sexual intercourse or if sexual intercourse has already been committed once, then also she has a right not to allow sexual intercourse a second or third time or refuse to go abroad without taking advance from Maih'r. In the same way, if the woman goes abroad with any close relative or from her husband's house to her paternal home, the husband has no right to prevent his from doings so. But when he pays in advance from Maih'r what is customarily due on him, then his wife cannot do anything or to go anywhere without his permission or the husband can take her to any place at his will, and refusal on her part is not proper.

ABOUT NIKAH (MATRIMONY) OR THE KAFIRS (NON-BELIEVERS)

1 :  If the woman adopts Islam but the man remained a non-believer, then the woman cannot marry another man unless she passes the whole period of three menses.

ABOUT PARITY AMONG WIVES

1 :  Parity in sexual intercourse is not essential. For example, if one commits sexual intercourse with one wife in her turn, it is not necessary that eh must be so when the turn of another wife arrives.

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