Grounds Related To Directory Prohibition

1) Marriage during death- illness: It is irregular. However, the irregularity can be removed
when an unhealthy person returns to a normal state of health, if the consummation has taken
place, and the healthy party dies before the unhealthy party.
2) Marriage during Pilgrimage: It is Valid (Hanafi Law), It is Void (Shia Law), It is Irregular
(Sunni Law).
3) Marriage to a pregnant woman: In Sunni Law- It is irregular. A man can marry a pregnant
woman, but he must not get involved himself in a sexual relationship with her, as the relationship
between father and a biological child has not been developed. In Shia Law- It is void. It is
prohibited but after the birth of a child the prohibition is removed.
4) Marriage by un-authorized agent: A marriage of a minor contracted by a person who is not
a guardian is irregular. If a minor has not reached the age of discretion, the marriage is void. If a
minor has reached the age of discretion the marriage is irregular. It is validated after the
ratification or the formal consent taken by a minor to the agreement of the marriage.
Effect of an Irregular Marriage: No legal effect before the consummating of a marriage, but
after the consummating of a marriage- wife can recover dower, has to observe iddat period, and
children are legal.
Rights which do not arise even after consummation: If the consummation of the marriage has
taken place after the iddat period then a husband cannot restore his conjugal rights, no mutual
rights of inheritance, no maintenance is expected except in the case of (Absence of witnesses).
Dissolution of Irregular marriage: by death, by cancellation, before consummation, after
consummation (an intention to separate), by separation by the Court, by apostasy.