Question 255 - The Enlightening Answer Across the Ether, Vol 3

Ahmed al-Hasan Response:

In the name of Allah, the Most Gracious, the Most Merciful. Praise be to Allah, Lord of the worlds, and may Allah send prayers upon Muhammad and the family of Muhammad, the Imams and the Mahdis, and grant them abundant peace. Answer 1: An adult woman of sound judgment-meaning one who has reached eighteen years, not merely a rational woman who has reached the age of religious obligation-may marry herself, with no distinction between permanent and temporary marriage. Her guardian has no right to object, whether she is a virgin or previously married. Answer 2: The marriage contract requires the presence of two witnesses or public announcement. If two witnesses are present, public announcement is recommended. If two witnesses are not present, public announcement is obligatory before consummation. Without testimony, the marriage contract remains contingent upon public announcement, and the two commit what is unlawful if he consummates the marriage without it. The sin recurs each time intercourse recurs until the public announcement is made. As for a child, lineage is established as it is in intercourse by mistake. Testimony is given by two witnesses. Public announcement and disclosure occur after concluding the contract and before consummation, and are realized through what is customarily called public announcement and disclosure, such as inviting people to a wedding feast or informing people by an available means. Answer 3: This was answered in Answer 2. Answer 4: This contract does not establish inheritance between the spouses. If they stipulate mutual inheritance, or one of them stipulates it, the stipulation is binding and must be acted upon. It is permissible to stipulate that she come at night or during the day. Withdrawal is permissible for the husband and does not depend upon her permission. Divorce does not occur in this marriage; she becomes separate when the term ends. Mutual imprecation applies, as do zihar and ila. It is unlawful to refrain from intercourse with her for more than four months, just as with a permanent wife. She is also entitled to maintenance. Answer 5: Her waiting period is two menstrual cycles. In the event of death, even if he did not consummate the marriage, she observes four months and ten days if she is not pregnant, and the longer of the two terms if she is pregnant. Ahmed Alhasan