11.04.2013 Views

Download - University of Salford Institutional Repository

Download - University of Salford Institutional Repository

Download - University of Salford Institutional Repository

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

I. The first kind includes those women to whom a man cannot get<br />

married for ever as the underlying reason for forbidding it can not<br />

be removed.<br />

2. The second kind includes those women to whom a man is temporarily<br />

unable to &at married; once the reason behind the prohibition is<br />

removed. prohibition is lifted.<br />

1<br />

The reason behind the permanent prohibition are <strong>of</strong> three kinds<br />

blood, relationship by marriage and breast feeding. Blood relations<br />

that cause the permanent prohibition are (i) a man's mother and his<br />

grandmother, or any woman from whom he is directly descended.<br />

(ii)<br />

ýA man's direct descendants, such as his daughter, daughter's<br />

daughters and son's daughters and their children and their grandchildren.<br />

(iii) A man's parents sisters, i. e. his aunt. However, a man can get<br />

married to his aunt's daughter (a first cousin) (iv) A man's parents<br />

children which means his sisters, step-sisters, and their daughters,<br />

i. e. his nieces or their daughters or grand daughters. This includes<br />

his brother's daughters or their descendants. As the Qurlan makes it<br />

clear in this verse:<br />

"Prohibited to you (for marriage) are: your mothers,<br />

daughters. sisters, father's sisters, mother's sisters,<br />

brother's daughters, sister's daughters. " 2<br />

Relation by marriage that cause permanentprohibi ti one are:<br />

(i) the daughters <strong>of</strong> a wife by a previous marriage (or her descendants).<br />

Such a daughter is called Al-RaJibah (step daughter) whether she is<br />

under that man's care or not.<br />

3<br />

But if a man's marriage is not<br />

consummated. a man can get married to the daughter <strong>of</strong> such women as<br />

the Qurlan explains:<br />

"Your step-daughter under your guardian-shipborn<br />

<strong>of</strong> your wives to whom ye have gone in, no prohibition<br />

if ye have not gone in. " 4<br />

1. See Al-Jaz7irl'. op. cit., Vol. 4, P. 61<br />

2. Q. 4,23<br />

3. See Al-Jaziri, op. cit., P. 62<br />

4, Q. 4,23<br />

78

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!