Prohibitions related to Marriages

Prohibition on the Grounds of Consanguinity

A man is prohibited from marrying

1. His mother or his grand mother howhighsoever.

2.His daughter and grand daughter howlowsoever.

3.His sister whether full, consanguine or uterine.

4.His niece or great niece howlowsoever.

5.His aunt or great aunt howhighsoever.

Whether paternal or maternal. A marriage with a woman prohibited by reason of consanguinity is void.

(Baillie, p, 27; Baillie, p, 24)

Prohibition on the Grounds of Affinity:

                                                                                A man is prohibited from marrying

1) His wife’s mother or grand mother howhighsoever.

2) His wife’s daughter or grand daughter howlowsoever.

3) The wife of his father or paternal grand father howhighsoever.

4) The wife of his son, or his son’s son or daughter’s son howlowsoever.

A marriage with a woman prohibited by reason of affinity is void.

In case (2), marriage with the wife’s daughter or grand daughter is prohibited only if the marriage with the wife was consummated.

(Hedaya, p, 28; Baillie, pp, 24-29,154)

Prohibition on the Grounds of Fosterage:

                                                                                   Whoever is prohibited by consanguinity or affinity is prohibited by reason of fosterage except certain foster relations, such as sister’s foster-mother, or foster-sister’s mother. Or foster-son’s sister, or foster brother’s sisters, with any of whom a valid marriage may be contracted. A marriage prohibited by reason of fosterage is void.

Unlawful Conjunction:

                                             A man may not have at the same time two wives who are so related to each other by consanguinity, affinity, or fosterage, that if either of them had been a male, they could not have lawfully intermarried, as for instance, two sisters, or aunt and niece. The bar of unlawful conjunction renders a marriage irregular, not void.

A man can marry wife’s sister after the death or divorce of his wife.

Shia law:

                  In Shia Law a man may marry his wife’s aunt, but he cannot marry his wife’s niece without the permission of the wife (that is, aunt) Baillie, ll, p, 23.