further added that even those who legalized it, considered its le gality to be dependent on idztirār (compulsion), and as on the same level as the permission to use prohibited food when driven by necessity (Bu. 67:32; M. 16:3).14 But even this position is unacceptable, as being quite opposed to the Holy Qur’ān and to the clear injunctions of the Holy Prophet prohibiting it. All the Muslim sects agree in holding temporary marriage to be unlawful, with the exception of Akhbārī Shī‘ahs, but even according to them it is not a very honourable transaction.15

Prohibitions to marry

The Holy Qur’ān forbids certain marriage relations: “Forbidden to you are your mothers, and your daughters, and your sisters, and your paternal aunts, and your maternal aunts, and brother’s daughters and sister’s daughters, and your mothers that have suckled you, and your foster-sisters, and mothers of your wives, and your step-daughters who are in your guardianship, (born) of your wives to whom you have gone in — but if you have not gone in to them, there is no blame on you — and the wives of your sons who are of your own loins, and that you should have two sisters together, except what has already passed” (4:23).

It will be seen that these prohibitions arise either from consanguinity, as in the cases of mother, daughter, sister, brother’s daughter, sister’s daughter, father’s sister and mother’s sister; or from fosterage, such as in the case of foster-mother and foster-sister; or from affinity, such as in the case of wife’s mother, wife’s daughter and son’s wife. Jurists have enlarged the conception of certain relations, and the Hidāyah thus expands these prohibitions:

1. Mother includes all female ascendants both on the male, i.e. the father’s, and the female i.e. the mother’s side.

2. Daughter includes daughter of son or daughter, i.e. all female descendants how low so ever.

3. Father’s sister and mother’s sister do not include the daughters of the paternal and maternal aunts but include grandfather’s sister and grandmother’s sister and so on.