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Asian Journal of Research in Social Sciences and Humanities
Year : 2014, Volume : 4, Issue : 8
First page : ( 235) Last page : ( 244)
Online ISSN : 2249-7315.

Examples of eternal prohibition in matrimony and its philosophy according to the emphasis of Islam on family stability

Fatahian Somaye, Kazemi Nahid

Master of Arts, Islamic Law and Jurisprudence

Online published on 6 August, 2014.

Abstract

The present note entitled “examples of eternal prohibition in matrimony and its philosophy according to the emphasis of Islam on family stability” is a discussion about forbidden things in marriage, because it is one of the issues mentioned in the Quran and hadith. The necessity of the present study becomes apparent when the failure to comply with this provision by the community brings irreparable damages to the next generation. Forbidden things: means cases that are obligatory for individual to avoid them. Forbidden things in marriage consisted of different types that each of them has its own rules. Seven types of men are known haram to women and seven types of women are known haram to men by sanguinity, even it is done through adultery or doubt. In the case of realization of affinity fostering with all the conditions (woman's milk is legitimate, sucked straight from the woman's breast, etc.), all persons who are known haram by the lineage of a person are also known haram by fostering. Moreover, getting married some individuals is haram to men due to affinity such as mother in law, and some individuals due to adding such as adding between two sisters. Getting married someone who is married is batil and brings eternal prohibition in the case of sexual intercourse. If a man divorces his wife three times, and no marriage happened in the meantime, the woman becomes haram to the man forever. Apostasy before sexual intercourse causes immediate termination of the marriage, but in the case of national apostasy or apostasy after sexual intercourse, termination of the marriage depends on the expiration of edde or lack of repentance. Despite the wide range of the contents, it is tried to provide and write all cases in two parts. The first part is related to permanent barriers to marriage and the philosophy of some of these barriers, and the second part is related to expression and evaluation of temporary barriers to marriage.

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Keywords

Affinity, fostering, La'an, demanding number, ihram, infidelity and apostasy.

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