Who you cannot marry: blood relations and in-laws

Rulings of Nikah

Explanation of the First Condition: (The woman must not be among the prohibited relations)

1. Prohibited relations (mahramat) are those women whom it is prohibited to marry in Shari’ah.
2. The causes of prohibition (i.e., those matters that establish the prohibition of marriage) are nine:
3. Lineage (qarabah): Meaning relations by blood.
4. Affinity (musaharat): Meaning in-law relationships.
5. Fosterage (rada’ah): Meaning relations established through breastfeeding.
6. Combination (ijtima’): For example, marrying a wife’s sister, maternal aunt, or paternal aunt simultaneously.
7. Ownership (milk): Meaning the owner marrying his female slave or a wife marrying her male slave.
8. Preference of the wife (biwi par laundi lana): Meaning to marry a slave woman while being married to a free woman.
9. Polytheism (shirk): For instance, marrying a Zoroastrian or an idolater.
10. Divorce (mutallaqa thalatha qabl tahleel): Meaning remarrying a wife who has been divorced three times before she undergoes halalah.
11. Being married to or in the waiting period of another (manquhah wa mu’taddah ghair): Meaning marrying another man’s wife or a woman observing her waiting period.

Note:

The detailed rulings of all these causes are described below in an organised sequence.

The First Cause: (Lineage)

Seven women from blood relations are prohibited for Nikah:

• Mother
• Daughter
• Sister
• Paternal aunt
• Maternal aunt
• Niece (brother's daughter)
• Niece (sister's daughter)

Explanation:

Mother:

All women to whom the lineage of the contracting party (ʿĀqid) is traced, whether through the mother or the father, are included in the definition of "mother." This includes grandmother (maternal and paternal), great-grandmother, and so on till the last link in the lineage. These women are referred to as Usūl (ancestors).

Daughter:

All women whose lineage is traced to the contracting party (ʿĀqid) are included in the definition of "daughter." This includes daughters, granddaughters, great-granddaughters (whether through sons or daughters), and so on till the last link in the lineage. These are referred to as Furūʿ (descendants).

Sister:

This refers to all women whose lineage is traced to the father or mother of the contracting party (ʿĀqid), such as full sisters, half-sisters (from the father's side), and maternal half-sisters. All of them are included in the definition of "sister" and are considered as the descendants of the parents.

Important Points

• A full sibling refers to offspring of both the same father and mother.
• A half-sibling (ʿAllātī) is the offspring of the same father but not the same mother.
• A maternal half-sibling (Akhiyāfī) is the offspring of the same mother but not the same father.

Paternal Aunt:

This refers to the sister of the male whose lineage is traced to the contracting party (ʿĀqid). She could be the aunt by full siblingship, half-siblingship (ʿAllātī), or maternal half-siblingship (Akhiyāfī). The paternal aunt may also include the sister of the contracting party's father, grandfather, or great-grandfather on either side (paternal or maternal). These women are included in the definition of a "paternal aunt" and are considered descendants of the ancestors.

Note:

The offspring of a paternal aunt are not prohibited [similarly, the offspring of an uncle are not prohibited]. Nikah with them is permissible.

Maternal Aunt:

This refers to the sister of the woman to whom the contracting party (ʿĀqid) is related by lineage. She could be a maternal aunt by full siblingship, half-siblingship (ʿAllātī), or maternal half-siblingship (Akhiyāfī). The maternal aunt may include the sister of the contracting party's mother, grandmother, or great-grandmother (on either the father's or mother's side). These women are included in the definition of a "maternal aunt" and are considered descendants of the ancestors.

Note:

The offspring of a maternal aunt are not prohibited [similarly, the offspring of a maternal uncle are not prohibited]. Nikah with them is permissible.

Niece (Brother's Daughter):

This includes daughters of full brothers, half-brothers (ʿAllātī), and maternal half-brothers (Akhiyāfī). These nieces and their descendants fall under the definition of "niece" and are considered the descendants of the contracting party's parents.

Niece (Sister's Daughter):

This includes daughters of full sisters, half-sisters (ʿAllātī), and maternal half-sisters (Akhiyāfī). These nieces and their descendants fall under the definition of "niece" and are considered the descendants of the contracting party's parents.

Notes:

• All the aforementioned relations, whether established through Nikah or Zina (illegitimate relations), are prohibited in every case. However, half-sisters and paternal aunts from Zina (ʿAllātī) are not prohibited.
• The daughter of the father’s wife (stepmother), who is not from the father’s lineage (i.e., the father’s stepdaughter), is not prohibited. Nikah with her is permissible.
• Apart from the women listed above, Nikah is permissible with all other women from blood relations.

The Second Cause (Affinity):

(1) Affinity refers to a marital relationship.

(2) The prohibition of Affinity [i.e., the prohibition of marital relatives is established through three matters:

1. A valid Nikah.
2. Intimacy (sexual relations).
3. Actions equivalent to adultery.

In the last two cases, it is also required that the woman be desirable and alive.] The prohibition of Affinity is established through a valid Nikah. [It is not established through an invalid Nikah (e.g., if someone marries a woman without witnesses, such a Nikah is invalid.)]

Similarly, it is also established through intimacy (whether permissible or impermissible), as well as through acts equivalent to adultery, [the details of which will be explained later], provided that the woman with whom intimacy or such acts are committed is desirable [likewise, the man involved in such acts must also be desirable. The desirability begins at the age of nine years], and she is alive.

The prohibition of Affinity will not be established through intimacy with a minor or a deceased woman. [For example, if a man marries a very young girl who is not desirable, divorces her after intimacy, and she, after completing her waiting period, marries another man, and they have a daughter, the first man can marry this daughter.]

(3) The following women from marital relations are prohibited:

1. The ascendants [e.g., mother, grandmother, great-grandmother, etc.] of the woman with whom a valid Nikah was performed, [the ascendants and descendants of a woman with whom an invalid Nikah was performed are not prohibited], even if intimacy or proper seclusion [Proper seclusion refers to a situation where the couple is together in a place where no hindrance to intercourse exists.] has not taken place. [For the descendants to become prohibited, intimacy is required, but for the ascendants, the mere valid Nikah suffices.]
2. The ascendants of the woman with whom intimacy was committed illegitimately.
3. The descendants [e.g., daughters, granddaughters, great-granddaughters, etc.] of the woman with whom a valid Nikah was performed and intimacy also took place.
4. The descendants of a woman with whom illicit sexual relations were established.
5. The women with whom one’s father, grandfather, great-grandfather, etc., contracted a valid marriage (Nikah Sahih), even if consummation or lawful seclusion (Khilwat Sahihah) did not occur.
6. The women with whom one’s father, grandfather, great-grandfather, etc., had illicit sexual relations.
7. The women with whom one’s son, grandson, great-grandson, etc., contracted a valid marriage (Nikah Sahih), even if consummation or lawful seclusion (Khilwat Sahihah) did not occur.
8. The women with whom one’s son, grandson, great-grandson, etc., had illicit sexual relations.

Notes:

1. Only the women specified as prohibited due to affinity are haram. Other women in such relations are permissible for Nikah.
2. A stepdaughter (the daughter of one’s son’s wife), who is not biologically related to one’s son, is not haram. Nikah with her is permissible.

Explanation of Acts Equivalent to Fornication:

Looking at a woman’s private parts [private parts refers to the inner part of the genitals], touching her body [whether any part of the body is touched (Note: If a woman’s hair is not hanging, but instead is fastened on top of her head, it is considered part of the body, otherwise it is not)], kissing her, or hugging her. [Similarly, for a woman, looking at a man's private parts, touching his body, kissing him, or hugging him are also included in acts equivalent to fornication.] These are considered equivalent to fornication when the following conditions are met:

1. These acts occur in a state of desire. [This applies whether both the man and woman are desirous, or only one of them is. (Note: The presence of desire at the time of looking at the private parts or touching the body is what matters. If the desire arises later, it is not taken into account.)]
2. Both the man and woman are either adults or near adulthood, capable of desire.
3. After these acts, the man does not experience ejaculation. [If ejaculation occurs after touching or looking at the woman, the prohibition will not be established.]

Important Points:

1. When touching or hugging, no fabric should be in between the two individuals that prevents the sensation of body heat from being felt.
2. The act of looking specifically refers to looking at the private parts, not to seeing their reflection in a mirror or water.
3. Through committing acts equivalent to fornication, a marital affinity (sawari) will also be established. This means that just as fornication or a valid marriage prohibits relations between a man and a woman’s ascendants and descendants, acts equivalent to fornication will also prohibit relationships between the man and the woman’s ascendants and descendants, and vice versa.
4. Whether the acts equivalent to fornication are committed intentionally, accidentally, under a misconception, by force, in a state of madness, or under the influence of intoxication, the ruling remains the same. For example:
5. If a man tries to wake up his wife for intercourse, and his hand touches his wife's daughter [provided that the girl is capable of desire], then this would establish a marital prohibition (haram) between the man and his wife [she would now be considered his mother-in-law. However, the marriage would not be dissolved. The wife could not marry anyone else unless she is divorced, and she would still be entitled to maintenance. The man would be prohibited from engaging with her physically and would sin if he did. The man will not be punished for fornication under these circumstances. It is advised to divorce the wife as the marital prohibition cannot be lifted except through divorce.]
6. If a man, in darkness, mistakes a stranger for his wife and embraces her, the ascendants and descendants of that woman will be prohibited for him [he will not be able to marry them].
7. If a man, under the influence of alcohol, kisses his wife’s mother, his wife will now be prohibited for him.

Important Point: If a person, in jest, claims that he has had intercourse with his mother-in-law, [if he then retracts the statement, claiming he was mistaken, his retraction is not acceptable,] and the marital prohibition (haram) will still be established. That is, his wife will now be prohibited for him.