Islamic law prescribes many prohibitions within which a boy or girl marry. These prohibitions can be divided into permanent prohibitions and temporary prohibitions. Permanent prohibitions arise from

Consanguinity
Affinity
Fosterage.

Temporary prohibitions arise from causes, which render the marriage irregular (fasid), for the cause, which creates the bar, that may be removed subsequently, rendering the amrriage valid.


Prohibited Marriage by reasons of Consanguinity

Consanguinity is the relation subsisting between some persons having the same or common ancestor which may either be linel consanguinity as between two person in a direct ascending line or collateral consanguinity which is the relation subsisting between persons who descend from the same common ancestor, but not from each other.
The prohibited marriages by reason of consanguinity may either be in the direct line or in the collateral line.
In the direct line, a man is prohibited to marry:

Mother (includes ascendants).
Daughter((including her descendents).

In the collateral line he is prohibited to marry:

Sister (including sister's daughter and her descendants).
Brother's daughter (including brother's daughter 's descendants).
Paternal Aunt.
Maternal Aunt.

In this regard the Quran says:

"Prohibited to you for marriage are your mothers, daughters, sisters, father's sisters, mother's sisters, mother's brother's daughters, sister's daughters". (4:23).

Affinity is the connection existing in consequence of marriage between each of the maternal persons and the kindred of the other. On grounds of affinity a man is prohibited to marry:

• Wife's mother or wife's grandmother i.e mother in law.
• Wife's step daughter's daughter.
• Wife of father i.e stepmother.
• Wife of son and wife of son's son.

The Quran says:

"Prohibited to you (for marriage) are......your wife's mother, your stepdaughters under your guardianship born of your wives to whom you have gone in, no prohibition if you have not gone in; (those who have been) wives of your sons proceeding from your lions:. (4:23)

Out of these four categories, the Muslim Jurists agreed upon the prohibition of two by virtue of contract itself, namely, the prohibition of the wives of fathers and sons, and upon a third category because of consummation, namely the wife's daughter.


For Fosterage to constitute an impediment in marriage, it is necessary that the age of the child at the time of its sukling milk of foster mother should be upon two years. Suckling milk five times establishes the relationship of fosterage according to Shafi'i and according to Abu Hanifa one time.
Quran says:

Prohibited to you (for marriage) are fosterage mothers, fosterage sisters....(4:23)

There are eight categories of women forbidden on grounds of suckling as follows:

1. Women from whom the man is descended by suckling.
2. Women descended from the man by suckling. This comprises the daughters by suckling and his son's daughters.
3. Women descended from the parents of the man by suckling. This comprises his sisters by suckling and the daughters of his sisters and brothers by suckling.
4. Woman of the generation immediately descended from the grandparents, that is maternal and paternal aunts by suckling. It is however, permitted to marry the daughters of maternal and paternal aunts and uncles by suckling.
5. The mother of a man's wife and ehr grandmothers by suckling to whatever degree removed and whether or not the marriage to the wife has been consummated.
6. The daughter of a man's wife by suckling, to whatever degree removed but on condition that the marriage to the mother has been consummated.
7. The wife of the father by sucking and of the grandfather, whatever or not the marriage to the stepmother has been consummated.
8. The wife of a son by suckling and of a son's or daughter's son by suckling.

The prohibition, however, does not apply to:

• The sister of a son by suckling.
• The mother of a sister or brother by suckling.
• The grandmother of a son or daughter by suckling.
• The sister of a brother by suckling.

Illicit Sexual Contract

The illicit sexual association between a man and woman creates a bar to a marriage between a man and those relatives of the girl with whom he is prohibited by bar of affinity, in the opinion of Hanafi and Hanbali Jurists. Thus if a man establishes illicit sexual relationship with a woman, he cannot marry her mother or daughter afterwards. The Hanafi and Hanbali Jurists treat sexual act as equivalent to a nikkah to create a prohibition on ground of affinity. The Hanafi Jurists argue that the Quran has used the word nikkah in the emaning of intercourse in the verse:


Imam Shafi'i on the other hand holds the opinion that an unlawful act does not render a lawful thing unlawful. So they allow the adulterer to marry the daughter and mother of adulterer woman.

Re-marriage with a woman separated by Li'an

The couple that performs li'an (imprecation) can never be united. This is predominant view in Islamic law. However, Hanafi Jurists maintain that if the accuser admits the falsity of his accusation, than after undergoing the punishment of eighty stripes, may marry again.


Marriage with married woman

It is not lawful to marry a married woman---such is permissible only when she is divorced and completes waiting period or her husband has died and she has completed waiting period, The Quran says:


Marriage during Iddah

It is not allowed to marry a woman during iddah.

Woman repudiated thrice

A woman repudiated thrice is not lawful for former husband unless she contracts an intervening marriage, which is consummated, and then she is divorced and completes her waiting period, provided that the subsequent intervening marriage is not a result of collusion between divorced wife and former husband. (Quran 2:230)

Marriage to Idolatress
The marriage to an idolatress is also prohibited in Islam. This prohibited is established by the following texts.


According to Shiah jurists marriage with non-Muslim woman is not lawful. However, such marriage is generally held to be lawful in Islamic jurisprudence but the Islamic state has the right to impose ban on such marriages if the interest of Muslim community of the religion require that. Unlike the marriage between a Muslim man and Non-Muslim woman of revealed religious, a Muslim woman cannot marry a Non-Muslim, whether ahl-e-kitab or idolater because such marriage would result in the effective denial of the Muslim wife's right to the free exercise of her religion. To protect the Muslim woman and children from being denied such right, the Islamic barred her from marrying a Non-Muslim altogether.

To combine two sisters or Aunt and niece in marriage

It is lawful for a man to combine two sisters in marriage, or aunt and niece. To Shia'h Imamiyaah aunt and niece can be combined in marriage with their consent. If he married two sisters at the same time, both marriages are invalid. Combination includes marriage with them in one time, or marriage with one of them while the other is undergoing iddah after revocable divorce (talaq raj'i) or irrevocable divorce (talaq ba'in). In the opinion of Maliki, Shafi'i jurists and Shi'ah Imamiyyah, if woman has been repudiated thrice, her sister can be married.

Marriage to a woman during Ihram

A woman in state of Ihram for Hajj or 'Umrah cannot be contracted in marriage according to majority of Jurists. This applies to man in Ihram as well. Hanafi Jurists allows the contract but disallow sexual intercourse with her.

Fifth wife in presence of four wives

In this case the marriage with fifth would be irregular. But if he divorced one of them irrevocably, then after expiry of 'Iddah', he can marry this woman. This is according to Hanafis. According to Shafi'i Maliki and Shi'ah scholars he can marry her immediately after he has pronouncedtalaq.

Fasid Marriages

The marriages mentioned under the title of temporary marriages are mostly the fasid marriages. This, a marriage is treated fasid in the following circumstances:

1. Marriage contracted during Iddah.
2. Marriage after irrevocable divorce to the divorce woman.
3. Marriage wherein consent of either party is vitiated coercion, fraud, misrepresentation.
4. Marriage contracted in state of ihram.
5. Marriage contracted in the absence of witnesses.
6. Marriage with aunt and niece simultaneously.
7. Marriage with a fifth wife by a person having four wives.
8. Marriage contracted by adult virgin girl without the consent of guardian (Majority view point).

Validation of Irregular Marriage

Irregular Marriage may be made regular by a new contract in the following cases:

1. That which is irregular because of iddah, after the impediment has been removed.
2. The marriage with a woman repudiated thrice, can be validated after she enters an intervening, marriage, which is consummated, then divorced.
3. Where the consent is vitiated by coercion, fraud, after the cause vitiating consent has ceased.
4. In case they are in state of ihram, when they are no longer in ihram.


I. Valid Marriage

A marriage which in accordance with the requirement of Shariah, is a valid marriage, and it will give rise to all legal effects i.e. legitimacy of children, their paternity and filiation, maintenance of wife, mutual inheritance
etc.

II. Void Marriage (batil)

Void marriage is that which is prohibited under Islamic Law. It is a marriage which does not exit from its beginning. It is called a marriage because two persons have undergone the rituals of marriage. No legal results accrue from this marriage.

III. Irregular Marriage (fasid)

irregular marriage is a defective marriage for failing to comply to certain conditions prescribed under Islamic Law. The compliance of those conditions renders them valid. The irregularity in a fasid marriage arises from some impediment or accidental circumstance, and when the impediment is removed, it becomes a valid marriage i.e marriage during 'iddah, when 'iddah is over, marriage is allowed.

can you also explain the difference between shia and sunni point of view on prohibited marriages?

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