Prohibitory Degree of Marriage

 

Prohibitory Degree of  Marriage

In both Islamic law and the Pakistani legal system, the "prohibitory degree" in marriage refers to specific relationships that make a marriage permanently or temporarily forbidden (haram). These rules are designed to maintain family structures and protect social morality.

Here is a breakdown of these prohibitions according to Islamic teachings and the law in Pakistan.

🕌 Prohibited Marriages in Islamic Law

Islamic law categorizes marriage prohibitions into two main types: permanent and temporary.

Permanent Prohibitions mean that the two people can never marry each other under any circumstances. These are primarily derived from the Quran (Surah An-Nisa, 4:22-24) and are based on three main causes :

• Blood Relations (Consanguinity): A man is permanently forbidden from marrying his:

  • Mother and grandmothers

  • Daughter and granddaughters

  • Sister (full, paternal, or maternal)

  • Paternal aunts and maternal aunts

  • Nieces (brother's or sister's daughters)

• Marriage Relations (Affinity): These prohibitions are established through a valid marriage contract.

  • The wife's mother (mother-in-law)

  • The wife's daughter (step-daughter) from a previous marriage, if the marriage to her mother has been consummated 

  • The spouse of one's father or son (e.g., your father's wife or your son's wife) 

• Foster Relations (Suckling): A person is forbidden from marrying their foster mother, foster sister, and other close foster relatives. The underlying principle is that "what is prohibited by blood relations is also prohibited by foster relations."

Temporary Prohibitions make a marriage invalid for a specific reason or period, but the couple could marry if that reason no longer applies.

• Sisters in a Single Marriage: A man cannot be married to two sisters at the same time .

• A Woman with a Husband: It is forbidden to marry a woman who is already married to someone else or is in her waiting period (iddah) after a divorce or death .

• A Divorced Woman (Triple Divorce): A man cannot remarry his wife whom he has divorced three times unless she first marries another man in a bona fide marriage, and that marriage is later naturally dissolved or ends in divorce .

• Polygyny Limit: A man is forbidden from being married to more than four wives at one time .

• Religious Difference: A Muslim woman is forbidden from marrying a non-Muslim man. A Muslim man is forbidden from marrying a woman who does not follow a recognized revealed religion (like Christianity or Judaism) .

⚖️ Prohibited Marriages in Pakistani Law

Pakistani law largely codifies these Islamic principles and adds statutory penalties for specific violations. The key laws are the Pakistan Penal Code (PPC) and the Muslim Family Laws Ordinance, 1961.

• Same-Gender Marriages: Marriage between individuals of the same gender is not recognized and is considered illegal as it is against both the law and Islamic teachings .

• Marriage Without Free Will: Forced marriages are a criminal offense. Section 498-B of the Pakistan Penal Code prohibits forced marriage, with punishments including imprisonment of up to seven years and a fine .

• Marriage with the Holy Quran: This custom, known as Haq Bakshish, is explicitly criminalized. Section 498-C of the Pakistan Penal Code makes it illegal to marry a woman to the Holy Quran, with strict penalties .

• Polygyny (Second Marriage): The Muslim Family Laws Ordinance, 1961 makes it a crime for a man to contract a second marriage during the subsistence of a first marriage without obtaining the written permission of the Arbitration Council and the consent of his existing wife/wives. While the second marriage itself may be considered irregular under Islamic law, the act of contracting it without permission is a criminal offense .

• Marriage to Prohibited Relatives: Marriages within the prohibited degrees (like those listed above) are considered void. For example, a nikah between a man and his mother or sister would have no legal effect .

• Child Marriages: The legal age of marriage is 18 for females in all provinces. Marrying a minor is illegal .

Here is a consolidated list of relations prohibited for marriage under Islamic law and Pakistani law, organized by category for clarity. The prohibitions apply equally to men and women (for example, a man cannot marry his mother, and a woman cannot marry her father).

⚖️ Prohibited Relations in Marriage

These relationships are permanently forbidden for marriage, meaning the couple can never marry each other under any circumstances. They are derived from the Quran and are based on three causes: blood relation, marriage relation, and fosterage (suckling).

Category	Prohibited Relations (List)	Notes & Conditions
Blood Relations	Mother, Father, Daughter, Son, Sister, Brother, Paternal Aunt, Maternal Aunt, Niece (brother's or sister's daughter), Nephew (brother's or sister's son), Grandmother (paternal & maternal), Grandfather (paternal & maternal), Granddaughter	This list is based on the universal prohibition of incest. The prohibition of aunts and nieces extends to their descendants (e.g., a great-aunt is also prohibited).
Marriage Relations (Affinity)	Mother-in-law (wife's mother), Father-in-law (husband's father), Step-daughter (wife's daughter), Step-son (husband's son), Wife of one's son (daughter-in-law), Husband of one's daughter (son-in-law), Wife of one's father (step-mother), Husband of one's mother (step-father)	The mother-in-law is prohibited as soon as the marriage contract is signed. A step-daughter is only prohibited if the marriage to her mother has been consummated.
Foster Relations (Suckling)	Foster-mother, Foster-father, Foster-sister, Foster-brother, and all other close relatives established through fosterage	The principle is that "suckling prohibits what birth prohibits". This applies when a child has been suckled by a wet nurse under specific conditions.

📝 Important Context and Additional Prohibitions

In addition to the list above, the following situations also create a prohibition on marriage, either temporarily or permanently:

• Two Sisters: A man cannot be married to two sisters at the same time.

• Combining Relatives: A man is also prohibited from being married to a woman and her paternal or maternal aunt simultaneously.

• Married Women: It is forbidden to marry a woman who is already married to someone else.

• **Woman in Iddah:** Marriage is prohibited with a woman who is observing the waiting period (iddah`) after a divorce or the death of her husband.

• Religious Difference: A Muslim woman is forbidden from marrying a non-Muslim man. A Muslim man is forbidden from marrying a woman who does not follow a recognized revealed religion (like Christianity or Judaism).

• Same-Gender Marriage: Marriage between individuals of the same gender is not recognized and is illegal in Pakistan.

• Forced Marriage: Any marriage without the free will of both parties is illegal under Pakistani law (Section 498-B PPC).

• Child Marriage: Marrying below the legal age (18 for females in all provinces) is prohibited.

• Lack of Permission for Second Marriage: For a man to contract a second marriage during the subsistence of a first marriage, he must obtain written permission from the Arbitration Council and the consent of his existing wife/wives as per the Muslim Family Laws Ordinance, 1961. Failure to do so is a criminal offense.

🏛️ A Note on Scholarly Differences

While the core prohibitions are agreed upon, there are nuanced differences between Islamic schools of thought. For example, in the Hanafi school (which is predominantly followed in South Asia, including Pakistan), even an unlawful or mistaken act of intimacy can sometimes create a "prohibitory degree" of marriage. In contrast, the Shafi'i school holds that such prohibitions are only established through a valid marriage contract, not through zina (unlawful intercourse) .