Q1) Can a Sayyidah marry non-Sayyid?

A1) It is permissible.

 

Q2) I am in a secret marriage with a Sunni girl and recently read on your site that it is not permissible to marry a Sunni girl without her fathers permission. Is our marriage valid?

A2) The aforesaid marriage would be invalid, if the wife was virgin. Based on precaution, it would be invalid even if she was independent in her livelihood. Of course, the marriage would be valid if her father refuses absolutely to interfere in her marriage.

 

Q3) Can a man marry without the permission of woman's parents?

A3) Neither permanent nor temporary marriage can be carried out with the satisfaction of her father or grand father.

 

Q4) Is it permissible for fiancé to do nikah with fiancée?

A4) It is permissible after the authentic marriage contract.

 

Q5) If two people know that they are going to marry each other but they are not engaged yet, if they hold hands and hug, will it be halal after they get married?

A5) Any relationship between male and female prior to marriage contract is forbidden and impermissible.

 

Q6) When marriage was held the girl was in Hayz, was the marriage valid? And when she get Talaq-e-Khul` she was also in menses, are these things done according to sharia'?. Or were nikah and Talaq both wrong?

A6) The marriage contract is correct and the divorce is incorrect (invalid). If divorce had taken place before having sex, it is valid. Also, if he who divorces (husband) is absent, in other words, he stays away from his wife and may not know about the condition of her, or if his wife is pregnant and her pregnancy is quite visible, it is valid too.

 

Q7) Marriage is compulsory in Islam or it is optional? I mean if someone does not want to marry, intentionally, is that allowed in Islam or not?

A7) Marriage itself is desirable and recommended.

 

Q8) I am a married man and live in joint family system. In my house live with me my father, mother, grand father, my younger brother and my uncle. In home what's the condition of my wife's hijab? She is my aunt's daughter. All of them Mahram?

A8) Your wife is Mahram to your father and grandfather only (and not to your uncle).

 

Q9) Can a Shi'i girl marry a Sunni boy?

A9) If there is a fear of being misled, it is not permissible.

 

Q10) Can a Muslim marry his/her own cousin?

A10) Yes, he can marry.

 

Q11) Which other religion can a Muslim marry from?

A11) Marriage of a Muslim man with a Christian or a Jewish woman is not permissible as a measure of obligatory precaution.

 

Q12) Can a Sayyid marry Sunni or Wahabi?

A12) If there is a fear that he\she might be misled, it is not permissible.

 

Q13) I want to marry a Muslim girl, but I am Hindu. Is it permissible?

A14) It is not permissible.

 

Q14) Can a permanent marriage be made secretly without the permission of parents of bride and without the witness being called?

A14) Presence of two witnesses is not necessary when a marriage contract is being read. And a girl who is not independent in her living affairs should obtain permission of her father or paternal grandfather for marriage. And if she is independent, she should obtain her guardian’s permission as a measure of obligatory precaution.

 

Q15) I want to ask about talking to ones fiancee on telephone, is it permissible or not?

A15) If talking is free of provocative words and if there is no fear of falling in sin, there is no objection.

 

Q16) Are there any rights given to a woman to chose the life partner of her own choice? Especially after she ahs been rejected by her fiancée. Can she be pressurized to marry the same person just because he is her cousin?

A16) Consent and agreement of woman is a must. Without her consent, marriage contract is invalid.

 

Q17) We are a Shia family. A Sunni gentleman has asked for my sister’s hand in marriage. He is a very good and descent man. He is a good Muslim. We would like to know if there is anything in the Shia faith that prevents such a marriage. (That makes it haram)?? Plus is it ok if a Sunni Sheikh performs the wedding contract?? Is it ok if a Shia Sheikh performs the contract?

A17) There is no objection with regards to Sunni Sheikh’s reading of the contract. But it is not permissible for a Shia girl to marry a Sunni man, if she fears being misled by him.

 

Q18) Some Mujtahids say that it is allowed to marry permanent or temporary a woman whose father isn’t a Muslim without consent of her father. Is it allowed to act according to these fatwas in cases where the woman is independent?

A18) Acting on the said Fatwa is permissible provided that the Mujtahed whom he follows should be ‘the most knowledgeable’.

 

Q19) Can I marry a Sunni girl without her father’s permission?

A19) No, permission of her guardian should be obtained for marriage.

 

Q20) Is it allowed to do Mut’ah then permanent marriage?

A20) If the necessary conditions are adhered to, then there is no problem, provided that the contracted time for the temporary marriage had ended.

 

Q21) I want to enquire “what rights are given to a woman to have a husband of her own choice?” Actually, I have been engaged to the first cousin of mine, he rejected me for another girl. Now my parents want me to marry that same person just because he is my cousin. I cannot accept this. So I need to persuade my family to let me make my own decision. Please, help me.

A21) If you are independent in your living affairs, it is not permissible (for your guardian) to force you to marry him. If you are virgin and not independent in your life and your father wants to marry you to him (cousin)- at the same time there is no harm in that (rationally viewed as harmless), then it is necessary as a measure of obligatory precaution to obtain your consent for that.

 

Q22) What is the ruling about permanent and temporary marriage with a Christian woman? It is a matter of real urgency. Please, try to reply as soon as possible?

A22) It is incumbent, as a measure of obligatory precaution, to avoid permanent marriage with a Christian or Jewish woman. As for temporary marriage, it is permissible and there is no objection in it.

 

Q23) Is it necessary for a woman, who has married once, to get her father’s permission for marriage?

A23) No, she is allowed to marry without her guardian’s permission.

 

Q24) I want to do Muta’h marriage, what are the rules?

A24) Temporary marriage has the following rules:

If you have already a Muslim wife, you can marry another Muslim woman. You cannot have Muta’h contract with a woman from ahle-kitab (People of the Book) unless your Muslim wife agrees with it. If she disagrees, it is haram (illegal). Temporary marriage with a kafir (an unbeliever who does not belong to Ahle Kitab) is absolutely forbidden.

However, in temporary marriage, you will have to read Sigha and you should follow the rules of a permanent marriage. In the Sigha, you will mention time (duration) and Mahr (dowry). Without specifying them marriage would be void. Moreover, it is necessary to read the sigha either yourself or make someone else your wakil (representative) to read it on your behalf.

This is how the Sigha (Verbal Contract) should be read by both sides:

First the wife says: MATTA'TUKA NAFSI FIL MUDDATIL MA'LUMA 'ALA AL-MAHRIL MA'LOOM.

Then the man says: QABILTU

Or he can say: ATAZAWWAJOKA FIL AL-MUDDATIL MALOOMA ALA AL-MAHRIL MA'LOOM

The woman says: Qabiltu

 

Q25) I have certain questions about temporary marriage (Mot'e). ‘Jazakumollahu khairaa’ for giving me the required response as soon as possible.

1. If the woman is not in need of any money and 'mahr' and is not asking for it in order to perform mot'e with the man, does he have to still give her the dowry, or is the mot'e ok without the dowry.

2. If both man and the woman, have no certain time-period in mind under which mot'e takes place, is it ok not to specify the time interval for the mot'e and simply accept that whenever one of them decided to leave the mot'e it will be over.

3. Is it ok to say in the condition for mot'e, that we will be together for one year, and after that we will continue until one of us, either the man or woman, states that they would like to end the mot'e after that one year.

4. In a permanent or temporary marriage, can the woman put the condition before the marriage that the man does not marry any other woman, without giving away her dowry.

5. If the man accepts not to marry another woman in his contract and still does so, does the woman have to right to divorce him, without giving away her dowry?

A25) 1: You may give her a bunch of flower as Mahr (dowry), for instance.

2: The contract is invalid.

3: Time and duration of contract should be determined. After duration, they are as strangers to each other.

4: It is permissible.

5: Divorce is absolutely in the hand of husband.

 

Q26) Can a girl who is virgin marry without her guardian’s permission? In what case is she allowed to marry without permission?

A26) It is not permissible for a virgin girl marry without first obtaining her father or grandfather’s permission. She should get his permission as a measure of obligatory precaution even if she is self-dependent in her life. Yes, if her guardian does not interfere in her matters, she is allowed to marry without his permission.

 

Q27) 1. Have I to indicate time of Muta’h before reading seeghah? What is the time limit of Muta’h?

2. If I made Muta’h with a woman, and I divorced her the next day, can I renew Muta’h with the same woman one day after the divorce?

A27) 1- Yes, it is necessary to determine time and duration of temporary marriage. There is no minimum or maximum limit for it. Of course, the contract would be invalid, if the time limit is more than either side can live.

2- There is no divorce in temporary marriage. It ends with the end of its time or when the husband forgives the remaining time. And it is permissible for you to remarry her after the contract period is over.

 

Q28) 1. A Mumeen boy wants to marry a Mumeen girl. But the parents of the girl say that Nikah (marriage contract) would take place after one year. So my question is that are they allowed to see and talk to each other before legal marriage contract?

2. If not, then can the girl and the boy do Mutah (temporary marriage) just to see and talk to each other. The father of the girl is staying away and he is no longer living with the daughter but the girl’s mother is not give her daughter permission for temporary marriage. What is the ruling in this regard?

A28) 1- Before marriage contract, the girl and the boy are strangers (ajnabi) to each other. So, whatever is haram for any two strangers would be haram for them too.

2- She is allowed to marry the girl with the permission of her father or grandfather. Yes, if her guardian gives her freedom in such manner that he says to her "you are allowed to marry anyone you like" or " I do not interfere in your marital affair" (may it be temporary marriage), then she does not require to obtain his permission.

 

Q29) I wanted to know that if a boy and a girl are apparently friends, so can they do muttah so instead they commit some sin?

A29) It is permissible provided her father or grand father's permission on behalf of her is taken.

 

Q30) What is the status of the mut’ah and how do we proceed with the permanent marriage?

A30) If the woman had been Christian or Jewish, you should reread marriage contract as a measure of precaution. If she had not been any of the two ( that is to say she did not belong to Ahle-Kitab), then it is necessary that after her admission of Islam you recite the contract once.

 

Q31) Is it permissible to read the sighah of Mut`ah in Urdu language or other languages?

A31) If they cannot read the marriage contract in Arabic, it is permissible to read it in a language other than Arabic.

 

Q32) What is Mut'ah? How do the Quran and Hadith support it?

A32) Mut'ah has been mentioned in the verse 24 of the Qur’an. No body doubts it was halal (lawful) at the time of the holy prophet(s); it was lawful at the time of Abu-Bakr and a part time of 'Umar. Then the latter forbade it. Later, some narrators fabricated hadith supporting his conduct that contradicted the holy prophet(s).

 

Q33) 1. In the Mutaa marriage, what happens in case the wife become pregnant? Is the baby given his father name? Is Nasab acknowledged?

2. Is there no time of Idda either? If a woman marries several men is short period of time, and become pregnant. How is the fatherhood of the child know?

3. On what in the tradition of the prophet do you base this Mutaa marriage?

4. What happens the day a woman decide to marry a man for (life)? She is not a virgin, right? So must she tell her forthcoming husband, or is virgindom not important, and is something that does not concern her husband to be?

A33) 1. the child belongs to both man and woman and there is no difference between him and, other children of permanent.

2. It has no divorce , but 'lddah (retreat).

3. It is mentioned in the verse 24 of the chapter of al-nissa' as well as Sihah books.

4. having passed the time or forgives it and spent the time 'lddah, she may marry.

 

Q34) I know a virgin girl… can I do Mut`ah with her. By the way, she told me that her father will not mind that she has a boyfriend… so… she told me that her father accept that she has a boyfriend… can I do the Mut`ah with her?

A34) Any relationship with girl with out legal marriage contract is haram and impermissible, while Mut`ah is permissible provided her guardian’s permission like her father or her grandfather and friendship between two sexes is not permissible.

 

Q35) Can I recite Sigha Mut`ah with my native language?

A35) If the man and the woman are unable to recite Sigha (temporary marriage) in Arabic, they can recite it in a language other than Arabic.

 

Q36) Is oral sex by husband or wife allowed?

A36) It is permissible provided no liquid out swallowed.

 

Q37) Is the discussion between husband and wife allowed related with sex?

A37) There is no objection.

 

Q38) Is play between husband and wife allowed, like touching, feeling, kissing, sucking?

A38) No problem.

 

Q39) Can husband and wife have sex with each other while looking at each other in a mirror?

A39) It's permissible.

 

Q40) Can a Muslim do Muta with a prostitute in order to satisfy his physical needs?

A40) Marrying a woman who is known publicly as an adulterer is not permissible as a measure of precaution except after repentance (tawbah).

 

Q41) I am really sorry that I have to ask this type of Question. But Since I grew up in a western country; I rally don't much about our religion. And I can't ask this Question to my parents due to subject matter. Brother my question is, can we have an oral sex before or after the sexual intercourse or can we have oral sex at all? Is it haram?

A41) Oral sex act is permissible with the consent of both husband and wife provided that no liquid gets into the mouth.

 

Q42) Is anal intercourse permissible?

A42) Permission is bound to wife’s agreement, but it is strongly undesirable.

 

Q43) What is the definition of Zina?

A43) Zina does not take place without penetration.

 

Q44) If my wife wants me to masturbate in front of her, is it then allowed?

A44) You are not allowed to do it with hand, but your wife is.

 

Q45) Is it necessary for divorce to be there two witnesses?

A45) Two just men attend simultaneously and listen to the reading of divorce text is required and without doing so, the divorce would not be in order.

 

Q46) I am married to woman that lives by her self and she is completely dependant on her self. We are married for one year but we have still long time for our marriage to end. However we started to have some problems together and we both believe that we cannot live with each other any more. I wanted to know, is it possible to end our marriage before the time that we agreed on by me saying that word that she is divorced?

A46) If it is not possible for you to live with her, you may divrce her by your self or ask some one to do it on your behind, however two witness as should be present.

 

Q47) If a judge has done the all things for Talaq-e-Khul` but didn't give any certificate or any proof, can she get married again or she should have to wait for any certification or a period?

A47) Issuing a certificate is not a pre-requirement or condition for the validity of divorce. (Meaning, a certificate issued cannot be enough proof for the validity of divorce).

 

Q48) A woman who took divorce from her husband (whether wedding ceremony was not held and she took Talaq-e-Khul`) in this situation should she perform `Iddah?

A48) That is not necessary.

 

Q49) Is it permissible to talk to a non-Mahram girl with the intention for seeking consent to marry her in future?

A49) Due to the probably of committing sins, it is not permissible.

 

Q50) Is having an orgy permissible under the Qur’an?

A50) It's forbidden.

 

Q51) What is the ruling on anal sex? Is a Moslem allowed to have anal sex?

A51) Based on the widely held opinion of Shiite scholars this act (anal sex) is strongly Makrooh (undesirable, what is not Haram to do, but it is better to avoid). There is no objection to the couple getting pleasure from the entire body of one another. But it should be taken into consideration that some actions are beneath human dignity.

 

Q52) When a woman is in her period, can she have anal intercourse?

A52) If wife is consenting to it, it is permissible but it would be extremely abominable.

 

Q53) What is the ruling on marriage between two people who are carriers of the AIDS virus?

A53) There is no problem in it. However, if sexual relation between them is bound to worsen the disease to a serious level, it is necessary for them to refrain from it.

 

Q54) What is the ruling concerning the right of the non-infected spouse in seeking separation?

A54) If deception was involved in the marriage, in the sense that the husband or the wife concealed the fact that they had AIDS at the time of proposing, engagement, so much that the marriage contract (‘aqd) was recited based on that understanding, the deceived party has the right of annulment.

However, if the wife or her representative did not say anything about the issue of the disease and the husband assumed that she is free from it, the silence does not count as deception and, it therefore, does not yield the right of annulment.

If there was no deception or the disease flared up after the marriage, the non-infected husband has the right to divorcing his infected wife. Does the non-infected wife have the right to ask for divorce from her infected husband on the grounds that she is being deprived of her conjugal rights?

There are two views [on this]; precaution should not be ruled out in this case. Of course, if her husband abandons her completely and she becomes like a suspended woman [neither married nor unmarried], it is permissible for her to take her case to the Hakim-e Shar'a (religious judge) to force her husband to choose one of two courses: either end the abandonment or divorce her.

 

Q55) What is the ruling on the custody of an infected mother with regard to her non-infected baby and also on breast-feeding?

A55) She does not lose the right of custody of her baby; but she must adopt sufficient methods to ensure that the virus does not infect the baby. If it is probable —a considerable probability— that the virus may be transmitted through breast-feeding, it is necessary for her to refrain from it.

 

Q56) If a Muslim knows that he has contracted AIDS, is it permissible for him to engage in sexual relations with his wife? Is it obligatory for him to inform his wife about it?

A56) If he knows that the virus can infect her through sexual relations, it is not permissible for him at all. Similarly [it is obligatory on him to refrain from sex] if there exists a considerable level of likelihood [of infection], except in the case where the wife knows about it and agrees to it.

 

Q57) What about practising coitus interruptus during intercourse?

A57) He has the right to do that.

 

Q58) Is it permissible for the husband to force his wife not to get pregnant even though she wants to? He forces her to take pills, injections or use an IUD?

A58) He has no right to do that.

 

Q59) Some women wish to avoid pregnancy, but their husbands want (them to get pregnant). How do they prevent the onset of pregnancy? By using pills, injections or the cleansing of the vagina after intercourse?

A59) All of these are permissible if they do not entail substantial harm to her.

 

Q60) Use of contraceptives is popular these days. If use of the pill and similar things causes harm or difficulty and the only remaining choice is (the insertion) of some devices ó by a male or a female doctor which requires exposing the local area, is it permissible for the woman, knowing that pregnancy would cause her harm or difficulty?

A60) It is permissible as long as she faces, in both the pregnancy and the use of alternative contraceptive methods, such hardship and danger that cannot be normally endured. If this requires, in addition to exposing the genital organs, other parts of her body surrounding the genitalia, then she must refer to a female doctor. If this is not possible then she may refer to a male practitioner.

 

Q61) What is Grand Ayatollah Sistani's fatwa on the use of IUD and pills by a woman to prevent pregnancy?

A61) It is permissible for a woman to use Intrauterine Devices (IUD) and other birth control devices provided that they do not pose serious harm to the woman’s health and that the insertion of the device does not involve a harãm act, such as the male touching or looking at the private parts of the woman’s body that are forbidden for him to look at. Similarly, it should not involve the female looking at, and touching without gloves the private parts that are haram to touch or look at. Moreover, the IUD should not cause the abortion of the fertilized ovum after its implantation [in the womb].

 

Q62) Is it permissible for a woman to use contraceptives in order to prevent conception?

A62) It is permissible for a woman to use contraceptives (the pill) to prevent pregnancy, provided that it does not damage her health in a serious manner, irrespective of whether or not the husband has agreed to it.

 

Rulings of Grand Ayatullah Sistani

Marriage