Who you cannot marry: the other causes
Beyond family and fosterage, marriage is also barred by combining certain women, by ownership, by religion, and by an existing marriage or waiting period.
A few more things also stop a marriage from being allowed.
Other reasons a marriage is not allowed
- A man cannot be married to two sisters at the same time, or to a woman and her aunt at the same time.
- A free man cannot have more than four wives at the same time.
- A man cannot marry a woman who does not believe in one God, like an idol-worshipper, unless she becomes Muslim first. A Muslim woman can only marry a Muslim man.
- If a man divorces his wife for the third time, he cannot marry her again unless she has genuinely married someone else in between and that marriage has ended.
- A man cannot marry a woman who is already married to someone else, or who is still in her waiting period after a divorce or her husband's death.
The Fourth Cause: Combination (ijtima'). It is prohibited to marry two sisters together in a valid marriage, and it is prohibited to combine any two women whose relationship would bar marriage between them if one were hypothetically a man: a paternal aunt with her niece, for example, or a maternal aunt with her niece. This applies whether the two are married at the same time, or one is married while already married to the other, and whether the relationship is by blood or by fosterage.
Combination also limits how many wives a man may have at once: a free man may have up to four wives, a slave up to two. Marrying more than the limit at once makes the extra marriages invalid, and a man with four wives may not marry a fifth until a divorced wife's iddah has ended.
The Fifth Cause: Ownership. A woman may not marry her own slave, and a master's marriage to his own slave woman is likewise not valid, since the legal effects of marriage, such as dowry and divorce, would serve no purpose where he may already have relations with her without a marriage contract.
The Sixth Cause: Bringing a slave girl into an existing marriage. A woman already married to a free man may not also marry her own slave-girl to him, nor may he marry them both at once.
The Seventh Cause: Polytheism. Marrying a polytheist woman, an idol-worshipper or fire-worshipper, is not permitted unless she becomes Muslim, and marrying an apostate (someone who has left Islam) is likewise not permitted. A Muslim woman may not marry a man of any other religion. A Muslim man may marry a woman of the People of the Book (one who follows a revealed scripture and a prophet's law, such as Jews or Christians), provided she is not herself an idol-worshipper, though it is better avoided where possible.
The Eighth Cause: Divorce before halalah. A man who has divorced his wife three times may not remarry her, unless she first marries another man after her iddah, that marriage is consummated, and it then ends (by his divorce, his death, or her khula), after which, once her new iddah is complete, she becomes lawful for the first husband again.
The Ninth Cause: Being married to, or in the waiting period of, another. It is prohibited to marry a woman who is already married, or who is observing an iddah, whether from divorce or from her husband's death, including a woman pregnant as part of an iddah, who remains prohibited until she delivers.
| Category | Who or what is prohibited |
|---|---|
| Combining mahram women | Two sisters, or a woman together with her paternal or maternal aunt, at the same time |
| Combining during iddah | Marrying a second woman while a divorced wife's iddah has not yet ended |
| Over the limit of wives | A fifth wife for a free man already married to four, or a third for a slave already married to two |
| Ownership | A woman marrying her own slave; a master marrying his own slave-woman |
| Bringing in a slave-girl | A free wife's own slave-girl also marrying her husband |
| Polytheists and apostates | A non-believer such as an idol- or fire-worshipper, unless she embraces Islam; a Muslim who has left Islam |
| Triple divorce before halalah | Remarrying a wife divorced three times, before she has validly married and been divorced by another |
| Married to or pregnant by another | A woman already married, in her iddah, or carrying another man's child |
وَلَا تَقْرَبُوا الزِّنٰٓي اِنَّهٗ كَانَ فَاحِشَةًؕ وَسَا࢜ءَ سَبِيْلًا ٣٢
Wa lā taqrabu'z-zinā innahū kāna fāḥishatan wa sāʾa sabīlā
And approach not adultery, undoubtedly that is immodesty and a very vile path.
Qurʼan 17:32, Al-Isra, from Zujajah.org
The Fourth Cause (Ijtimāʿ): combination falls into two categories, combining maḥram women and combining non-maḥram women beyond the permitted number.
Combining maḥram women in a valid nikah is prohibited: marrying two sisters together, and marrying any two women whose relationship would be mutually prohibitive were either hypothetically male, a phuppī (paternal aunt) with her bhatījī (niece), or a khālah (maternal aunt) with her bhanjī (niece), regardless of whether the relation is by nasab or raḍāʿah, and whether ḥaqīqī, ʿallātī or akhyāfī. The prohibition arises whether both marriages are contracted simultaneously or the second follows the first, and contracting during another's ʿiddah is treated as combining for this purpose.
Where the two marriages are simultaneous, both are invalid. Where one follows the other, the first remains valid and the second is invalid; and if the second, invalid marriage has been consummated, relations with the first wife are suspended until the second woman's ʿiddah is complete, notwithstanding that her own marriage remains valid throughout.
Combining non-maḥram women is limited by the number the Sharīʿah permits: a free man up to four wives, a slave up to two, whether contracted together or across separate marriages. Marrying beyond four at once invalidates the marriages with the excess; marrying additional women after already holding four likewise invalidates the additional contracts; and a man with four wives may not contract a fifth until a divorced wife's ʿiddah is complete.
The Fifth Cause (Milk: Ownership): a woman who owns a slave may not marry him, and a master's nikah with his own slave-woman is void in substance; the aḥkām of nikah such as mahr and divorce would be inoperative, since he may lawfully have relations with a slave-woman he owns without a marriage contract at all.
The Sixth Cause (bringing a slave-girl into a free woman's marriage): a woman married to a free man may not also give her own slave-girl in marriage to him, nor may he contract marriage with both simultaneously.
The Seventh Cause (Shirk: Polytheism): nikah with a polytheist woman (idol- or fire-worshipper) is not valid unless she embraces Islam, and nikah with a murtaddah (a woman who has apostatised from Islam) is likewise invalid. A Muslim woman may not marry a man of any religion other than Islam. A Muslim man may marry a woman of Ahl al-Kitāb (one who follows a revealed scripture (Zabūr, Tawrāh, Injīl) and the sharīʿah of a prophet sent to her, such as Jews and Christians, even where their beliefs have since deviated and their scripture and sharīʿah been abrogated), provided she does not herself practise idol-worship, though it is preferable to avoid such a marriage where possible.
The Eighth Cause (divorce before ḥalālah): a man who has issued three divorces to his wife, whether in one sitting or over time, renders her ḥarām to him permanently (mughallaẓah), and he may not remarry her, until she marries another man after her ʿiddah, that marriage is consummated, and it then ends by his divorce, his death, or her khulʿ; once her ensuing ʿiddah is complete, she again becomes lawful (ḥalāl) to the first husband. This is termed ḥalālah.
The Ninth Cause (manqūḥah or muʿtaddah of another): marrying a woman already married, or observing an ʿiddah, from ṭalāq or from her husband's death, is prohibited, including a woman whose ʿiddah is a pregnancy from that marriage, who remains prohibited until she delivers.
| Category | Who or what is prohibited |
|---|---|
| Combining maḥram women (ijtimāʿ) | Two sisters, or a woman together with her paternal or maternal aunt, whether by nasab or raḍāʿah |
| Combining during ʿiddah | Marrying a second woman before a divorced wife's ʿiddah has ended |
| Over the numerical limit | A fifth wife for a free man already holding four; a third for a slave already holding two |
| Ownership (milk) | A woman marrying her own slave; a master's marriage to his own slave-woman |
| Bringing in a slave-girl | A free wife's own slave-girl also marrying her husband, together or in sequence |
| Shirk and apostasy | A polytheist not yet Muslim; a murtaddah; a Muslim woman marrying a non-Muslim man |
| Triple divorce before ḥalālah | Remarrying a thrice-divorced wife before an intervening valid, consummated marriage and its own ʿiddah |
| Manqūḥah or muʿtaddah of another | A woman already married, in ʿiddah, or carrying another man's child |
وَلَا تَقْرَبُوا الزِّنٰٓي اِنَّهٗ كَانَ فَاحِشَةًؕ وَسَا࢜ءَ سَبِيْلًا ٣٢
Wa lā taqrabu'z-zinā innahū kāna fāḥishatan wa sāʾa sabīlā
And approach not adultery, undoubtedly that is immodesty and a very vile path.
Qurʼan 17:32, Al-Isra, from Zujajah.org
Terms on this page
Related
- Who you cannot marry: blood relations and in-laws The blood relations and in-laws a Muslim can never marry, and how an in-law relationship comes to be prohibited.
- The waiting period (iddah) after divorce or death Why a wife must wait before remarrying, and how long the wait is for a divorced, widowed, pregnant, or never-consummated wife.
- Spouses' rights, and marriages that do not hold What a marriage contract owes each spouse, and the situations elsewhere in this section where a nikah is invalid or left pending.
- Custody of children and maintenance after divorce Who has the right to care for young children after a divorce, and when a husband must keep providing his wife's food, clothing, and housing.