بسم الله الرحمن الرحيم
و صلى الله
على محمد و آله
الطاهرين
Spiritual Friendship Marriage Contract
According to the teachings of Prophet Muhammad (sawa) and the 12
Imams (as) which indicated that marriage protects half of ones faith
raised his/her rank by 3500% and is a cause of God being pleased
with a person as a person who leaves this world unmarried will
have a reduced rank on the last day.
Sister __________________________ Offers herself in marriage to
Brother ___________________________
For the dower of _________________________ for the
specified length of time of _____________________________
With the following conditions (check all that apply):
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[ ] No Sex
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[ ] No Touching
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[ ] No Removal of Hijab
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[ ] No being alone with each
other. There must be another person with the Sister at all times.
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[ ] Brother must release the Sister
from the marriage contract if she finds someone single that she wants to
marry and who wants to marry her.
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[ ]
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This contract is based on the Islamic Laws of the 12er Shi'ah
School according to the Ijtihaad of Ayatollah
al 'Udhma Sayyid
Ali
Husaini al-Sistani (ar).
Brother______________________________________
Sister________________________________________
Witness #1____________________________________
Witness #2_____________________________________
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- Mut'ah (Temporary Marriage)
- 2430. Contracting a temporary marriage with a woman is in order, even if
it may not be for the sake of any sexual pleasure.
- 2431. The obligatory precaution is that a husband should not avoid having
sexual intercourse for more than four months with a wife of temporary
marriage.
- 2432. * If a woman with whom temporary marriage is contracted, makes a
condition that her husband will not have sexual intercourse with her, the
marriage as well as the condition imposed by her will be valid, and the
husband can then derive only other pleasures from her. However, if she
agrees to sexual intercourse later, her husband can have sexual intercourse
with her, and this rule applies to permanent marriage as well.
- 2433. A woman with whom temporary marriage is contracted, is not entitled
to subsistence even if she becomes pregnant.
- 2434. * A woman with whom temporary marriage is contracted, is not
entitled to share the conjugal bed of her husband, and does not inherit from
him, and the husband, too, does not inherit from her. However, if one or
both lay down a condition regarding inheriting each other, such a
stipulation is a matter of Ishkal as far as its validity is concerned, but
even then, precaution should be exercised by putting it into effect.
- 2435. If a woman with whom temporary marriage is contracted, did not know
that she was not entitled to any subsistence and sharing her husband's
conjugal bed, still her marriage will be valid, and inspite of this lack of
knowledge, she has no right to claim anything from her husband.
- 2436. * If a wife of temporary marriage goes out of the house without the
permission of her husband, and the right of the husband is in anyway
violated, it is haraam for her to leave. And if the right of her husband
remains protected, it is a recommended precaution that she should not leave
the house without his permission.
- 2437. * If a woman empowers a man that he may contract a temporary
marriage with her for a fixed period, and against a specified amount of Mahr,
and instead, that man contracts a permanent marriage with her, or contracts
a temporary marriage with her without specifying the time or amount of Mahr,
the marriage will be void. But if the woman consents to it on understanding
the position, then the marriage will be valid.
- 2438. In order to become Mahram (with whom marriage contract becomes
haraam and is treated to be one of the close relatives), a father or a
paternal grandfather can contract the marriage of his na-baligh son or
daughter with another person for a short period, provided that it does not
involve any scandal or moral lapse. However, if they marry a minor boy or a
girl who is not in anyway able to derive any sexual pleasure during the
period from the spouse, then the validity of such a marriage is a matter of
Ishkal.
- 2439. If the father or the paternal grandfather of an absent child, marry
it to someone for the sake of becoming Mahram, not knowing whether the child
is alive or dead, the purpose will be achieved only if during the period
fixed for marriage, the child can become capable of consummating marriage.
If it later transpires that it was not alive at the time the marriage was
contracted, it will be considered void, and the people who had apparently
become Mahram will all become Na-Mahram.
- 2440. If a husband gifts the wife of Muta'h with the period of her
temporary marriage, thus releasing her, and if he has had sexual intercourse
with her, he should give her all the things he agreed to give her. And if he
has not had sexual intercourse with her, it is obligatory on him to give her
half the amount of Mahr, though the recommended precaution is that he should
give her full amount of Mahr.
- 2441. If a man contracted a temporary marriage with a woman, and the
period of her Iddah has not ended yet, he is allowed to contract a permanent
marriage with her or renew a contract for temporary marriage with her.
http://al-islam.org/laws/marriage2.html
7. If an A'lam Mujtahid gives a fatwa on some matter, his follower cannot act
in that matter on the fatwa of another Mujtahid. But if he does not give a fatwa,
and expresses a precaution (Ihtiyat) that a man should act in such and such a
manner, for example if he says that as a precautionary measure, in the first and
second Rak'at of the namaz he should read a complete Surah after the Surah of
"Hamd", the follower may either act on this precaution, which is
called obligatory precaution (Ihtiyat Wajib), or he may act on the fatwa of
another Mujtahid who it is permissible to follow. Hence, if he (the second
Mujtahid) rules that only "Surah Hamd" is enough, he (the person
offering prayers) may drop the second Surah. The position will be the same if
the A'a lam Mujtahid expresses terms like Ta'mmul or Ishkal.
http://www.al-islam.org/laws/taqlid.html