In Nikah (Islamic marriage), haram refers to actions, conditions, or relationships that are strictly forbidden according to Islamic law. One prominent example mentioned in Hadith is engaging in tahleel marriage with the pre-determined intention of divorce.
Here's a breakdown of what can make a Nikah haram:
1. Forbidden Relationships (Mahram):
Marriage is prohibited with close relatives considered mahram, meaning permanently forbidden for marriage. These generally include:
- Direct Ascendants: Mothers, grandmothers (on both maternal and paternal sides).
- Direct Descendants: Daughters, granddaughters (on both maternal and paternal sides).
- Sisters and Half-Sisters: Full, paternal, and maternal sisters.
- Aunts and Uncles: Paternal aunts (father's sisters), maternal aunts (mother's sisters).
- Nieces: Brother's daughters, sister's daughters.
- Relationships through breastfeeding: Certain relatives through breastfeeding, as defined in Islamic jurisprudence.
- Marriage to a Married Woman: It is haram for a man to marry a woman who is already married to another man. This marriage is invalid.
2. Specific Conditions Invalidating Nikah:
- Lack of Consent: A Nikah is invalid if either the bride or groom is forced into the marriage and does not provide free and willing consent.
- Absence of Witnesses: The presence of reliable witnesses is generally required for a valid Nikah. The specific number and requirements may vary between different schools of Islamic jurisprudence.
- Difference in Religion (Generally): While the details differ among Islamic schools of thought, a Muslim woman cannot marry a non-Muslim man. A Muslim man can marry a chaste Jewish or Christian woman (People of the Book) according to some interpretations, but it's a complex issue with varying scholarly opinions.
- Marriage during Iddah: Iddah is the waiting period a woman must observe after divorce or the death of her husband before she can remarry. Marrying during this period is haram.
3. Intentions that Make Nikah Haram (e.g., Tahleel):
- Tahleel Marriage: This involves marrying a divorced woman with the explicit intention of divorcing her after consummating the marriage, so that she can then remarry her first husband. This is considered a manipulative circumvention of Islamic law and is forbidden (haram). This is because Islamic law states that a woman who has been divorced three times by the same man cannot remarry him unless she marries another man, consummates the marriage, and then that marriage ends through death or divorce by the second husband (without prior agreement). The intention to divorce makes the second marriage invalid for the purpose of remarriage to the first husband.
4. Other Forbidden Actions:
- Secret Nikah: Although opinions differ, conducting a Nikah in complete secrecy without informing family or community members is often discouraged and, in some interpretations, considered problematic or invalid, especially if it leads to harm or deception.
It's important to consult with knowledgeable Islamic scholars for specific rulings and interpretations regarding Nikah, as details may vary based on school of thought and individual circumstances.
