Hi all readers! There are many types of marriages. Some are prohibited and some are not prohibited. As Muslims, we must know that. For this reason, in this article, I will explain the types of marriage that are prohibited.
There are two types of marriage that are prohibited in Islam; asy-Syighar marriage and Mut’ah marriage (contract marriage). There are a few basic things about all of this in this article.
What is meant by asy-Syighar marriage is, someone marries his daughter with someone else so that the person marries his daughter with him, and it is done without dowry.
So, the sentence uttered in asy-Syighar marriage is like this; I married my daughter to you without dowry, and you married your daughter to me without a dowry. This type of marriage is like exchanging goods. Islam strictly forbids that.
The important point about asy-Syighar marriage that I need to explain here is that women who are married are not only to daughters, but also mothers, aunts, sisters, and so on.
Some of the basic prohibitions in asy-Syighar marriage are as follows;
أَخْرَجَ الْإِمَامُ مُسْلِمٌ فِيْ صَحِيْحِهِ بِسَنَدِهِ إِلَى ابْنِ عُمَرٍ مَرْفُوَعًا أَنَّ النَّبِيَّ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ : لَا شِغَارَ فِيْ الْإِسْلَامِ
Imam Muslim narrated in his book (ash-Shahih), with hadith that was connected to Ibn Umar, that Prophet (Muhammad) sallallahu ‘alaihi wa sallam said, “Asy-Syighar marriage is not permitted in Islam.”
عَنْ نَافِعٍ عَنْ ابْنِ عُمَرٍ رَضِيَ اللهُ عَنْهُمَا قَالَ : نَهَى رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنِ الشِّغَارِ
From Nafi’ from Ibn Umar radliyallahu ‘anhuma, he (Ibn Umar) said, “The Messenger of Allah sallallahu ‘alayhi wa sallam has forbidden the marriage of ash-Shighar.”
There is a difference of opinion among experts in Islamic law about why asy-Syighar marriage is prohibited;
- Some legal experts say that asy-Syighar marriage is prohibited because it is like exchanging a vagina with another vagina. In asy-Syighar marriage, a woman’s vagina is used as a dowry to marry another woman.
- Ahmad said that the asy-Syighar marriage was forbidden because there was no dowry in the marriage.
Mut’ah Marriage (Contract Marriage)
The second type of marriage that is prohibited is Mut’ah marriage. Mut’ah marriage is an agreed marriage that will end at a certain time. We can find the basis for Mut’ah’s marriage ban in the following hadith;
عَنْ سَلَمَةَ بْنِ الْأَكْوَعَ رَضِيَ اللهُ عَنْهُ قَالَ : رَخَّصَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَامَ أَوْطَاسٍ فِيْ الْمُتْعَةِ ثَلَاثَةَ أَيَّامٍ ثُمَّ نَهَى عَنْهَا . أَخْرَجَهُ مُسْلِمٌ
From Salamah ibn al-Akwa’ radliyallahu ‘anhu, he said, “The Messenger of Allah sallallahu ‘alaihi wa sallam never allowed the marriage of Mutah for three days in the year of the Authas war. Then he forbade it.” The hadith is narrated by Muslim.
It is true, in Islamic history, Mut’ah marriage has been allowed several times. But in the end this type of marriage is absolutely prohibited.
All Readers! That is a brief explanation of the types of marriage that are not prohibited. If you want to ask, please ask!
I think that’s enough for this article. May be useful! Amen!
See you in the next article!
Musthafah Muhammad Abu ‘Imarah, al-Inarah fi Ahaditsi Mukhtarah bin Shahihi al-Imam Muslim, al-Iman Publishing, Cairo, 2017, p. 97-106.