PROHIBITIONS
The law appears to be quite indulgent, but it is not entirely so. There are many restrictions on grounds of number, consanguinity, affinity, religion, rank, etc. For example, a man cannot marry more than four free women at a time (QurAn 4:3)-there is no restriction on the number of slave concubines. Also, one cannot marry one�s wife�s father�s sister nor her mother�s sister (3268-3277). It is also forbidden to marry the daughter of one�s foster brother, or even the sister of one�s wife if the wife is alive and not divorced (3412-3413).
It is also forbidden to marry an unbeliever (QurAn 2:220-221). Later on, this restriction was relaxed, and a male Muslim could then marry a Jew or a Christian (QurAn 5:5). Under no circumstances could a female Muslim marry a nonbeliever.
Marriage is also disallowed when the parties are not equal in rank or status (kafa�ah), though what is rank is differently understood by different people. Generally speaking, an Arab is considered higher than a non-Arab, the Prophet�s relatives being the highest. One who had committed a portion of the QurAn to memory was considered a qualified match by Muhammad himself. A woman came to him and entrusted herself to him. He �cast a glance at her from head to foot . . . but made no decision� about her. Then a Companion who was there stood up and said: �Messenger of Allah, marry her to me if you have no need for her.� But the man possessed nothing, not even an iron ring for a dowry. He was turning away in disappointment when Muhammad asked him if he knew any verses of the QurAn and could recite them. The man said yes. Then Muhammad decided and said: �Go, I have given her to you in marriage for the part of the QurAn which you know� (3316).
One should also not outbid one�s brother. �A believer is the brother of a believer, so it is not lawful for a believer to outbid his brother, and he should not propose an agreement when his brother has thus proposed until he gives it up� (3294).
ShighAr marriage is also prohibited (3295-3301). This is the marriage which says: Marry me your daughter or sister, and in exchange I will give you in marriage my daughter or sister.
One should also not marry when one has put on the ritual garb of pilgrimage. �A Muhrim should neither marry nor make the proposal of marriage,� reports UsmAn b. AffAn, quoting the Prophet (3281). But this point is controversial, for Muhammad himself �married MaimUna while he was a Muhrim� (3284).
One cannot remarry one�s divorced wife unless she subsequently married someone else and the new husband had sexual intercourse with her and then divorced her (3354-3356). A divorcee married but then decided to go back to her old husband. Seeking the Prophet�s permission, she told Muhammad that all the new husband possessed was �like the fringe of a garment� (i.e., he was sexually weak). The Prophet �laughed� but withheld the permission. �You cannot do that until you have tasted his [the new husbands] sweetness and he has tasted your sweetness,� he told her (3354).
author : ram swarup