Issue 1137: If a man gets entangled in illegal acts owing to his not having a wife, it will be obligatory for him to get married.

Issue 1138: Pronouncing the marriage formula, the relationship between the man and the woman becomes legal and lawful. There are two kinds of marriage: Permanent Marriage and Temporary Marriage.

“Permanent marriage” refers to a marriage whose period is indefinite and unlimited. The woman with whom such a marriage is concluded is referred to as “Diemah” (Permanent wife).

“Temporary marriage” refers to a marriage whose period is fixed. The woman with whom such a marriage is concluded is referred to a “Mut’ah” or “Seeghah” (temporary wife); for instance, a woman whom one marries for an hour, a day, a month, a year, or longer.

Issue 1139: In matrimony, whether permanent or temporary, the formula must be pronounced; mere consent of the man and the woman does not suffice; the formula may be pronounced by the man and the woman themselves or by their representatives appointed by them to do that on their behalf.

Issue 1140: It is not necessary to appoint male representatives and women may also be appointed to represent the man and woman who want to get married and pronounce the formula on their behalf.

Issue 1141: In permanent marriage, the contract will be valid if first the woman pronounces, “zawwajtuka nafsee alas-sadaquil ma’lum” (i.e. I married myself to you on the agreed marriage portion), and the man immediately responds, “Quabiltut-tazweej” (i.e. I accepted the marriage); and if they appoint representatives to pronounce the formula on their behalf, the contract will be valid if they proceed as follows:

Suppose the man’s name is Ahmad and the woman’s name is Fatima. First, the woman’s representative pronounces, “Zawwajtu muwakkilatee Fatimata muwakkilaka Ahmada alas-sadaquil ma’lum” (i.e. I married my client Fatima to your client Ahmad upon the agreed marriage portion), and the man’s representative immediately responds, “Quabiltut tazweej li muwakkilee Ahmada alas-sadaq” (i.e. I accepted the marriage for my client Ahmad upon the agreed marriage portion).

Issue 1142: If the man and the woman wish to pronounce the formula of a temporary marriage themselves, having agreed on the period and the dower, the woman pronounces, “Zawwajtuka nafsee fil muddatil ma’lumati alal mahril ma’lum” (i.e. I married myself to you for the agreed period and dower), and the man responds, “Quabiltu” (i.e. I accepted). Thus the marriage contract will be in order. If the man and the woman have appointed representatives to pronounce the formula of a temporary marriage on their behalf, the contract will be valid if first, the woman’s representative pronounces to the man’s representative, “Matta’tu muwakkilatee muwakkilaka fil muddatil ma’lumati alal mahril ma’lum”(i.e. I married my client to your client for the agreed period and dower), and the man’s representative immediately responds, “Quabiltu li muwakkilee hakadha” (I accepted the marriage for my client this way).

Issue 1143: If, while pronouncing the marriage formula, even one single sound is pronounced incorrectly such that it changes the meaning, the contract will be void.

Issue 1144: A virgin girl who has reached puberty and is mature enough to decide her interests and benefits, is allowed to enter into a permanent marriage without the permission of her father or paternal grand father; although as a precaution, she should get their permission in advance; but it is not necessary to get the permission of her brother and mother; however, for a temporary marriage, it is necessary for a virgin girl to get the permission of her father or paternal grand father.

Issue 1145: If a woman, who enters into a temporary marriage lays down the condition that the man should not have sexual intercourse with her, the marriage contract will be valid, and the man will just be allowed to take other kinds of pleasure in her company, but if she consents to having sexual intercourse with the man later, they can get sexual pleasures as well.

Issue 1146: If a man fornicates a woman who does not have a husband and is not in her Iddah (see the glossary), it will be permissible for him to marry her later, but the recommended precaution is to wait until the woman has her period and marry her when her period stops, and this precaution should not be ignored as far as possible. This will also be the case if any other man wishes to marry such a woman.

Issue 1147: If a man marries a woman who is in the Iddah of another man, and if either or both of them know about this and also know that it is illegal to marry a woman in her Iddah, and if their marriage has been a consummated marriage, the woman will become illegal for him; although as a recommended precaution, this will also be the case if their marriage has been an unconsummated one.

Issue 1148: If a man marries a woman and later it is revealed that she has been in her Iddah, and if neither of them had known about that and about the fact that it is illegal to marry a woman in her Iddah, the woman will not become illegal for the man, even if their marriage has been a consummated one; however, their marriage contract will be void.

Issue 1149: If a man marries a woman while he knows she has a husband, he must divorce her, and if their marriage is consummated, he cannot marry her later either.

Q1150: A boy wishes to get married and knows that if he does not get married, he will be entangled in illegal things, but his parents have told him that he will not be allowed to get married until after 5 years. Regarding all these facts, the boy knows that it will annoy his parents if he gets married. Will it be legally valid if the boy gets married in such a case?

A: For a boy to get married, his parents’ consent is not considered as a necessary condition, but the marriage must be registered in a notary public’s office.

Q1151: Is it permissible for a man who already has a wife to marry another woman?

A: If he fears that he may not be able to treat them equitably and fairly, he is not allowed to do that, and he must ascertain his capability to treat them equitably and fairly, and even if he doubts whether he would be able to do so, it will not be permissible for him to marry a second woman.

Q1152: What is your view of marriage contracts by deed? I mean is the criterion for legality of a marriage contract simply pronouncing the words “Ankahtu”, or does it suffice if both sides have the intention and the consent to enter into marriage? If the criterion is to simply pronounce the formula, then will that suffice for the legality of a marriage? And if the criterion is their real intention and agreement to enter into marriage, then what is the necessity of uttering those special words? Besides, a couple may also indicate their assent through their behaviors and movements.

A: The mutual consent of a couple and the pronunciation of the marriage formula are both necessary conditions for legality of a marriage, and it will not be valid by deed; common consensus exists among religious jurists over the illegality of marriage contracts by deed; even rationalistic beliefs disapprove of such contracts, and what Imam Khomeini (S.A) has stated in jurisprudential discussions, deals with the theoretical possibility of the fact and not its practical possibility.

Q1153: Regarding different contracts, such as contract of sale, marriage contract, lease contract, etc, the Fatwa of religious jurists is that both sides of the contract should pronounce the formulas for those contracts, that is, to utter the words which express their offer and acceptance, and formula here refers to those words and clauses which convey those intentions and meanings. Thus, wisdom suggests that the formula should be pronounced in a language which is known to the contract sides and also the witnesses. The question is what the necessity of pronouncing the marriage formula in Arabic is while every one can make themselves understood much more efficiently in their mother tongue?

A: It is necessary to pronounce the marriage formula in Arabic over which there exists common consensus among Islamic jurists and since it is in an unquestioning obedience to Allah; it must be done in that manner, since the Legislator, Allah the Almighty has validated it in this manner. Mean while, wisdom and logic too approve such a fact, since just as national anthem of every country must be performed and sung in their own language, pronouncing the marriage formula in Arabic would be considered as singing an Islamic international hymn and in fact it should be pronounced in the language of Islam, the Holy Quran, and the Holy Prophet.

Q1154: In temporary marriage, the man can annul the marriage before the end of the fixed date. To do this, will that suffice if this is verbally agreed in Persian or must they pronounce some Arabic formula? Is it necessary for the annulment to be verbally agreed or will the intention of annulment suffice? Is it necessary for the woman who has been married to the man to be present for the annulment?

A: It will suffice if the annulment is pronounced in Persian and it is not necessary for the woman to be present.

Q1155: Is it possible to refer to the Islamic judge so that they would compel a man to annual a temporary marriage due to distress and constriction, just as it is the case with a permanent marriage?

A: In the case of distress and constriction, there is no difference between permanent and temporary marriages, and it is applicable to both cases. Thus, the man has the authority to annul the marriage before the expiration of the fixed period as long as there is no distress and constriction. In case of distress and constriction, the Islamic judge must compel the man to dispense with the remaining term of the temporary marriage and if the man refuses to do that, the Islamic judge should dispense with the remaining term of the marriage through their legal authority, and all rules and regulations of divorce by the legal authority of the Islamic judge apply to this dispensation of the term.

Q1156: What are the responsibilities of the parents towards a child born out of a temporary marriage? Are the rights of such a child different from those of a child born out of a permanent marriage? Does it make any different if the mother is a non-Muslim woman?

A: A child born out of a temporary marriage is regarded and treated exactly in the same way as a child born out of a permanent marriage. In this regard, there is no difference between a Muslim and a non-Muslim mother.

Q1157: Do a virgin girl and a girl from the People of the Book need the permission of their fathers to get married?

A: In the case of a virgin girl who is not mentally immature, the permission of her father as her guardian is a necessary condition, but the case of a mentally mature girl who has reached puberty is different (see issue 805). In any case, there is no difference between a father from the people of the Book and his daughter on the one hand and a Muslim father and his daughter on the other; however, an obstinate infidel does not have legal authority of guardianship over his mentally and physically mature Muslim girl.

Q1158: Does a girl who has lost her virginity through fornication need to obtain her father or guardian’s permission to enter into temporary marriage?

A: Since she has not lost her virginity in marriage, she counts as a virgin and her father or guardian’s permission is still a necessary condition for her to enter into temporary marriage.

Q1159: Is it necessary to divorce a permanent wife if the husband wants to enter into a temporary marriage with her? If yes, is it necessary for the woman to keep her Iddah to do so?

A: The husband must divorce her, but it is not necessary for the woman to keep her Iddah before they can enter into their temporary marriage.

Q1160: What is the verdict on entering into temporary marriage with non-Muslim women such as Catholic Christians, Buddhists, and those with unknown faiths?

A: In case of a Muslim man’s need and necessity in such countries and in case Muslim women or those from the People of the Book are not available, it will be permissible provided that the Muslim man makes certain they will not become pregnant, and that it will be for such a short time that he will not be influenced by the woman’s atheistic thoughts and beliefs which deserve loss and punishment. Basically, Islam regards temporary marriage as a means of satisfying men’s needs while being in hardship and under the pressure of sexual desires, but not as some sort of legal debauchery and extramarital sex. Therefore, those who have wives with whom they can satisfy their sexual desires should not enter into temporary marriage even with Muslim women, otherwise they would ruin their family life, their tranquility and comfort, and would suffer hundreds of other losses.

Q1161: Is it necessary for a girl who has reached puberty to obtain her father or guardian’s permission to enter into a permanent or temporary marriage?

A: Her father or guardian’s permission is a necessary condition for a temporary marriage and the marriage contract will not be valid without their permission, and so is case with a permanent marriage just as it is necessary and obligatory to register a marriage contract at notary public’s as a rule of the state, and failing to do this is considered as a sin and would entail dangerous consequences.

Q1162: What is the verdict on temporary marriage in Islam?

A: It is viewed by Shiite Muslims as certainly legal while being driven by necessity such as the time when in along war, and it prevents corruption and debauchery; however, what really prevents a person from getting entangled in moral corruptions and evil things is offering prayers, as the Holy Quran says, “Indeed the prayer prevents indecencies and wrongs”; Also good training and encouraging permanent marriage are among the other preventing factors. In my view, temporary marriage cannot prevent moral corruptions and in fact, if it is applied to other cases than necessity and hardship, and thus becomes some sort of extramarital pleasure, it will be really damaging to family life and the depravity lead by that will cause the society to collapse. If all of these corruptions and difficulties arise due to disobedience of Islamic rules concerning marriage, the corruption can be prevented through exercising the rules and encouraging the right culture, and also enlightening people’s minds about the rules. But if the corruption and difficulties root in other problems, such as unemployment and a weak economy, such corruptions will not be removed even if the right rules and culture concerning marriage dominate the society. To resolve the latter problems, the government of the Islamic Republic, in its general term, should shoulder the responsibility. To facilitate marriage, irrational rigidities must be put aside, and affluent families should provide the youth with the necessities and pay their living expenses o that they can complete their educations.

Q1163: Based on an official document, a woman was married to a man for 18 months and having his permission, she went abroad alone for some months. Regarding the fact that she had been a virgin at the time of her marriage with this man, she divorced her husband after some time. Then, she changed her national identity card on the pretext of changing the ending part of her last name; hence, she managed to hide her first marriage and married another man. Making different excuses she refused to have sexual intercourse with the second man and claimed that she had lost her virginity in the course of some medical operation by a gynecologist. She also confirmed that her second husband did not have sexual intercourse with her, and this is also approved by the husband. Now, regarding her first marriage having been hidden from her second husband and also from the legal contract concluder, and that she surrendered a national identity card which did not bear the information of her first marriage and divorce, can we say that she has committed misrepresentation? And is the man allowed to annul this marriage as soon as he comes to know about this and within the legal period of annulment?

A: Misrepresentation refers to practically or verbally claiming to have any attribute of perfection such as virginity, not being consummated, or not being divorced while a woman lacks such attributes, provided that the marriage contract has been concluded verbally, practically and commonly based on the condition that such attributes should exist. In such a case, the deceived person has the right to annual the marriage as soon as they learn about the misrepresentation and in case of the ignorance about the issue, this right will remain there until they come to know about it.

Q1164: A man marries a corrupt woman. Is this marriage valid? Where as such women are considered sinners, is it necessary to investigate whether they are Muslims before marrying them?

A: The marriage will be valid, and the woman’s being corrupt does not violate the validity of a marriage contract. To see whether they are Muslim, a man and woman may pronounce the testimony (Shahadatayn) and that would suffice.