This excerpt is taken from Dr. Yusuf al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
Women Whom It Is Forbidden to Marry
The women with whom marriage is forbidden are:
➊ The father's wife (i.e., stepmother), whether the father has divorced her or she has become a widow. In the pre-Islamic era, this marriage was permissible, but Islam declared it invalid because the father's wife holds the status of a mother. Therefore, out of respect for the father, it was made forbidden. This prohibition is eternal, after which neither the son nor the stepmother can develop any desire. Rather, a relationship of respect and sanctity is established between them.
➋ Mother: Similarly, grandmother and great-grandmother and those above in rank.
➌ Daughter: Similarly, granddaughter and great-granddaughter and those below in rank.
➍ Sister: Whether full, uterine, or paternal.
➎ Paternal aunt: That is, the father's full, uterine, or paternal sister.
➏ Maternal aunt: That is, the mother's full, uterine, or paternal sister.
➐ Nieces.
➑ Nephews.
These related women are called Mahram in Islam because they are permanently forbidden for a Muslim. Marriage with them is never permissible at any time or under any circumstances. The man is also called "Mahram" in relation to them.
The Wisdoms Behind Declaring Those Relationships Forbidden
➊ The nature of a civilized human being never allows him to satisfy his sexual desires by establishing relations with his mother, sister, or daughter. Even some animals do not do this. A man holds feelings of respect for his maternal aunt and paternal aunt just like he does for his mother. And the paternal uncle and maternal uncle are like fathers to a woman.
➋ If the Shariah had not given rulings regarding these prohibitions, which have completely eliminated the concept of sexual relations with them, then it would not have been surprising if sexual relations had developed with them due to seclusion and prevention of mixing.
➌ There is a deep emotional attachment with these relatives, based on which a person respects them and treats them with sympathy and kindness. Therefore, it was appropriate that a person establish marital relations with strangers with feelings of love. In this way, new relationships are formed and the circle of love and affection among people expands:
وَجَعَلَ بَيْنَكُم مَّوَدَّةً وَرَحْمَةً
"And He placed between you affection and mercy."
Reference: Surah Ar-Rum: 21
➍ It is extremely necessary that the natural feeling a person has for these relatives remains intact so that the permanent relationship between them can be strengthened and a foundation can be provided for love and care for them. On the contrary, establishing marital relations with them means providing a basis for disagreement and conflict, which will result in separation and severance of relations.
➎ The offspring produced from marital relations with these relatives is likely to be weak. And if there is a physical or mental defect in any family, it can be transmitted to the offspring.
➏ A woman needs someone to fight her case and someone to support her interests on behalf of her husband. Especially in cases where the relationship between husband and wife deteriorates, a woman feels this need intensely. But when the supporter himself becomes the opponent, then what will be the condition of the woman?
Relationships Forbidden Due to Breastfeeding
It is forbidden for a Muslim man to marry a woman who has breastfed him during childhood. Due to breastfeeding, the woman becomes like a mother. The milk has contributed to the formation of his flesh and bones, and breastfeeding has created an emotional bond between them like that of a mother and son. For breastfeeding to be effective, the condition is that the child must have been breastfed before the age of two years. At that time, the child stops breastfeeding on their own due to the feeling of satiety. The restriction of five breastfeeding sessions is preferred and based on moderation considering various narrations.
Milk-siblings: Just as the woman becomes the child's milk mother, similarly her daughters become the child's milk sisters. Also, the woman's sisters become the child's milk maternal aunts. Likewise, other relatives of the woman also become milk relatives.
The Prophetic Hadith is:
يحرم من الرضاعة ما يحرم من النسب
"Those relationships which are forbidden by blood relations become forbidden by breastfeeding as well."
Reference: Bukhari, Book of Testimonies, Chapter on Testimony on Lineage, Hadith: 2645 - Muslim, Book of Breastfeeding, Chapter on the Prohibition of the Daughter of the Milk Brother, Hadith: 1447
Just as paternal aunt, maternal aunt, niece, and nephew relationships are forbidden by blood, similarly these relationships become forbidden by breastfeeding.
The Prohibition of Relationships through Cohabitation
1. Wife's mother: (Mother-in-law) relationship is also included among the forbidden relationships. In Islam, this relationship becomes forbidden merely by the marriage contract with her daughter, even if the marital relationship has not been established with that daughter, because the mother-in-law is considered at the level of a mother.
2. Stepdaughter: That is, the daughter of the wife with whom the man has established a marital relationship (who is from another husband). However, if the marital relationship has not been established with her, then there is no harm in marrying her daughter.
3. Son's wife: The son here means a biological son, not an adopted son, because Islam has declared the rule of adoption invalid as it is against reality and fact, and it causes lawful to become unlawful and unlawful to become lawful.
Allah Almighty says:
وَمَا جَعَلَ أَدْعِيَاءَكُمْ أَبْنَاءَكُمْ ذَلِكُمْ قَوْلُكُم بِأَفْوَاهِكُمْ
"He has not made your adopted sons your real sons. That is merely your spoken word."
Reference: Surah Al-Ahzab: 4
That is, it is merely a spoken word. It does not change the reality, nor can a stranger become a relative. The prohibition of the above three relationships is due to affinity (in-law relationship). The relationship established through affinity necessitates that the following relationships be declared forbidden.
Bringing Two Sisters Together
Islam has also declared it forbidden to marry two sisters simultaneously. Although it was permissible in the pre-Islamic era. The reason is that the mutual relationship of brotherhood between two sisters, which Islam wants to maintain permanently, cannot be preserved if two sisters are co-wives.
The Quran has explicitly stated the prohibition of marrying two sisters.
Reference: Sahih Ibn Hibban (1666) - Mu'jam Kabir al-Tabarani: (11 / 337)
The Messenger of Allah, peace be upon him, further commanded:
لا يجمع بين المرأة وعمتها ولا بين المرأة وخالتها
"A woman should not be married along with her paternal aunt. Nor should she be married along with her maternal aunt in one marriage."
وَأَن تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ
"And that you do not marry two sisters (in one marriage)."
Reference: Surah An-Nisa: 23
As mentioned in Sahihayn and others. He also said:
إنكم إن فعلتم ذلك قطعتم أرحامكم
"If you do so, you will sever the ties of kinship."
Reference: Bukhari Kitab al-Nikah, Bab La Tankih al-Mar'ah 'ala 'Ammatih, Hadith 5109 - Muslim Kitab al-Nikah, Bab Tahrim al-Jam' bayn al-Mar'ah wa 'Ammatih ... Hadith: 1408
Islam has emphasized maintaining kinship ties greatly, so how can it permit something that causes severing of kinship?
Married Women
For a married woman, it is not permissible to marry another person as long as she is in the marriage of her husband. The permissibility of marrying another is conditional upon two conditions:
(1) The husband passes away or he divorces her.
(2) The waiting period (iddah) prescribed by Allah Almighty is completed.
This waiting period is a means of loyalty in favor of the previous husband and protection for the woman.
For a pregnant woman, the waiting period lasts until delivery, whether this period is short or long.
And for a woman whose husband has passed away, her waiting period is four months and ten nights.
And the waiting period for a divorced woman is three menstrual cycles. The restriction of three menstrual cycles is kept so that the womb becomes pure (istibra’ al-rahim) and because of the possibility that the pregnancy might be attributed to the former husband, this ruling is given as a precaution to prevent confusion of lineage. This waiting period is not for those women who are so young or so old that they do not menstruate. For such women, the waiting period is three months. Allah Almighty says:
وَالْمُطَلَّقَاتُ يَتَرَبَّصْنِ بِأَنْفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ
“Divorced women shall wait concerning themselves for three menstrual periods.”
Reference: Al-Baqarah: 228
And He said:
وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ ۚ وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ
“And those of your women as have passed the age of monthly courses, for them the ‘Iddah (prescribed waiting period) if you have any doubt, is three months, and for those who have no courses (i.e. they are still immature) their ‘Iddah is three months likewise, except in case of death. And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah is until they deliver their burdens.”
Reference: At-Talaq: 4
Also He said:
وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا
“And those of you who die and leave wives behind them, they (the wives) shall wait four months and ten days.”
Reference: Al-Baqarah: 234
Marriage to the fifteen categories of women mentioned is forbidden. These fifteen categories are mentioned in Surah An-Nisa of the Holy Quran:
وَلَا تَنكِحُوا مَا نَكَحَ آبَاؤُكُم مِّنَ النِّسَاءِ إِلَّا مَا قَدْ سَلَفَ ۚ إِنَّهُ كَانَ فَاحِشَةً وَمَقْتًا وَسَاءَ سَبِيلًا 22 حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ وَأَخَوَاتُكُمْ وَعَمَّاتُكُمْ وَخَالَاتُكُمْ وَبَنَاتُ الْأَخِ وَبَنَاتُ الْأُخْتِ وَأُمَّهَاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَوَاتُكُم مِّنَ الرَّضَاعَةِ وَأُمَّهَاتُ نِسَائِكُمْ وَرَبَائِبُكُمُ اللَّاتِي فِي حُجُورِكُم مِّن نِّسَائِكُمُ اللَّاتِي دَخَلْتُم بِهِنَّ فَإِن لَّمْ تَكُونُوا دَخَلْتُم بِهِنَّ فَلَا جُنَاحَ عَلَيْكُمْ وَحَلَائِلُ أَبْنَائِكُمُ الَّذِينَ مِنْ أَصْلَابِكُمْ وَأَن تَجْمَعُوا بَيْنَ الْأُخْتَيْنِ إِلَّا مَا قَدْ سَلَفَ ۗ إِنَّ اللَّهَ كَانَ غَفُورًا رَّحِيمًا 23 وَالْمُحْصَنَاتُ مِنَ النِّسَاءِ
“None of you shall marry women whom your fathers have married, except what has already passed; indeed, it was shameful and hateful, and an evil way. Forbidden to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, the daughters of your brothers, the daughters of your sisters, your foster mothers who suckled you, your foster sisters, the mothers of your wives, and your stepdaughters under your guardianship born of your wives to whom you have gone in — but if you have not gone in unto them, there is no sin upon you — and the wives of your sons who are from your own loins, and that you take two sisters simultaneously, except what has already occurred. Indeed, Allah is ever Forgiving and Merciful. And [also prohibited are] women already married, except those your right hands possess.”
Reference: An-Nisa: 22 to 24
