ভূমিকা

Shiavault - a Vault of Shia Islamic Books Juristic Questions Temporary Marriage The way of this marriage The way of this marriage is that a free[^1] adult Muslim or kitabi[^2] woman accepts to marry herself to a Muslim man on condition that there is no any legal objection to this marriage according to Islam such as kinship (one’s mother, grandmother or upward, sister, niece or niece’s daughter, daughter, granddaughter or downward and aunt; father’s sister or mother’s sister), suckling milk (if both the man and the woman, who want to get married, have suckled milk from a same woman in their childhood), marriage (that the woman has another husband), iddah (a prescribed period, which a woman has to pass after her divorce or her husband’s death before her remarriage) or any other legal prohibitions such as if the woman has been engaged by one of the man’s sons or she was the man’s wife’s sister or other reasons.

Such a woman accepts to marry herself with a specified dower to a definite period according to a legal bond including all the conditions required to make the marriage valid. After agreement and consent, the woman says to the man: I marry myself to you with a dower of so and so and for a day, two days, a month, two months, a year or two years for example. She may mention a more specified period. The man says to her immediately: I accept.

Agency is permitted in this bond for both of the man and the woman exactly as any other bond. When the bond is concluded, the woman becomes the man’s wife until the end of the period specified in the bond. As soon as the period ends, the wife separates from the husband without divorce. The husband has the right to separate from the wife before the end of the period specified in the bond as a matter of granting the remained period to the wife and not a matter of divorce.

The wife has, if the husband sleeps with her in the bed,[^3] to undergo iddah after the end of the temporary marriage. Her iddah is equal to a period of two menstruations if she still menstruates otherwise it will be forty-five days as the iddah of a bondmaid according to special conditions concerning the subject.