Explanation of Mahram Muabbad and Mahram Muaqqat

In al-Fiqh al-Manhaji, Dr. Mustafa al-Khin divides illicit women from marriage or mahram into two categories: muabbad and muaqqat. What is meant by mahram muabbad (permanent) is a woman who is forbidden to be married forever, regardless of the situation and circumstances. Mahram Muabbad itself is caused by three things: kinship, marriage, and milk.

Mahram muabbad because of kinship or nasab, there are seven:

1. Mother, mother mother (grandmother), mother father (grandmother), mother grandmother (great-grandmother), up to the top.

2. Daughters, daughters of sons (grandchildren), daughters of daughters (grandchildren), daughters of grandchildren (grandchildren), all the way down.

3. Sister, both seayah seayah, seayah, and seibu.

4. Daughters of brothers (nephews), either siblings, siblings, or moms.

5. Daughters of sisters (nieces), both siblings, half-siblings, half-siblings or seibu.

6. Father's sister (aunt), father's aunt, grandfather's aunt, to the side.

7. Mother's sister (aunt), mother's aunt, grandmother's aunt, to the side. (See: Dr. Mustafa al-Khin, Dr. Mustafa al-Bugha, 'Ali al-Syarbaji, al-Fiqh al-Manhaji' by Madzhab al-Imam al-Syafi'i, Damascus: Darul Qalam, 1992, volume 4 , p. 25).

Mahram Muabbad because of marriage there are four:

1. Father's wife (stepmother), grandfather's wife (stepmother), and upward, with the record that the father or grandfather has been married with her husband and wife.

2. The wife of the child (son-in-law), wife of grandchildren, to continue to the bottom, even though the child or grandchild is just a contract and has not socialized husband and wife. It is different if the status of "child" or "grandchild" is adopted. So that it is legal to marry an ex-wife of an adopted child.

3. Wife's mother-in-law, wife's grandmother, up to the top, even though it was only a marriage agreement with her child, not yet married and married.

4. Wife's daughter (stepchild), daughter of stepchild (stepchildren), with the record that the child's mother has been interfered with.

Regarding the marhram muabbad caused by this marriage, Sheikh Ibn Qasim al-zziIzzi has stated:

فالعقد على البنات يحرم الأمهات وأما البنات فلا تحرم إلا بالدخول على الأمهات

Meaning: A marriage agreement with a daughter forbids her mother. While daughters are not illegitimate except after socializing with their mothers. (See: Hâsyiyah al-Bâjûrî, [Semarang: Maktabah al-lUlumiyyah] Without Years, Volume 2, p. 113).

Mahram muabbad because of the number of dairy there are seven, like mahram nasab. But only two verses of the Qur'an are mentioned, so the rest can be analogous to other mahram nasab. The seven dairy fellows referred to are:

1. Breastfeeding mother, a woman who is breastfeeding you, including grandmother's milk, to the top.

2. Breastfeeding sisters, namely women who are breastfeeded by women who are breastfeeding you. Excluded if your dairy sister wants to marry your brother. Then it is permissible.

3. Daughters of male siblings (nephews).

4. Daughters of sisters (nephews). 5. Aunt of milk, that is a woman who is breastfeeding with your father.

6. Breastfeeding aunt, the woman who is breastfeeding with your mother. 7. Breastfeeding daughters, ie daughters who breastfeed to your wife, so that you become the father of the milk.

About them, Rasulullah Sallallaahu ‘alayhi wasallam had said," The milk prohibits what is unlawful because of birth, "(Reported by al-Bukhari and Muslim).

Explanation of Mahram Muabbad and Mahram Muaqqat

Mahram muabbad because of kinship or nasab, there are seven:

1. Mother, mother mother (grandmother), mother father (grandmother), mother grandmother (great-grandmother), up to the top.

2. Daughters, daughters of sons (grandchildren), daughters of daughters (grandchildren), daughters of grandchildren (grandchildren), all the way down.

3. Sister, both seayah seayah, seayah, and seibu.

4. Daughters of brothers (nephews), either siblings, siblings, or moms.

5. Daughters of sisters (nieces), both siblings, half-siblings, half-siblings or seibu.

6. Father's sister (aunt), father's aunt, grandfather's aunt, to the side.

Mahram Muabbad because of marriage there are four:

1. Father's wife (stepmother), grandfather's wife (stepmother), and upward, with the record that the father or grandfather has been married with her husband and wife.

3. Wife's mother-in-law, wife's grandmother, up to the top, even though it was only a marriage agreement with her child, not yet married and married.

4. Wife's daughter (stepchild), daughter of stepchild (stepchildren), with the record that the child's mother has been interfered with.

Regarding the marhram muabbad caused by this marriage, Sheikh Ibn Qasim al-zziIzzi has stated:

فالعقد على البنات يحرم الأمهات وأما البنات فلا تحرم إلا بالدخول على الأمهات

1. Breastfeeding mother, a woman who is breastfeeding you, including grandmother's milk, to the top.

2. Breastfeeding sisters, namely women who are breastfeeded by women who are breastfeeding you. Excluded if your dairy sister wants to marry your brother. Then it is permissible.

3. Daughters of male siblings (nephews).

4. Daughters of sisters (nephews). 5. Aunt of milk, that is a woman who is breastfeeding with your father.

6. Breastfeeding aunt, the woman who is breastfeeding with your mother. 7. Breastfeeding daughters, ie daughters who breastfeed to your wife, so that you become the father of the milk.

About them, Rasulullah Sallallaahu ‘alayhi wasallam had said," The milk prohibits what is unlawful because of birth, "(Reported by al-Bukhari and Muslim).

This also applies to a woman. That is, he is forbidden to marry his dairy father, his dairy son, his dairy brother, his nephew's nephew, and his dairy uncle. The purpose of his dairy father is the husband of the mother who is breastfeeding him.

In fact, this marham relationship is also valid after marriage. They are: (1) dairy-in-law, that is, the woman who is breastfeeding your wife, (2) a step-daughter of a dairy woman, that is, a daughter who is breastfeeding to your wife, but before marrying you, (3) a stepmother, a stepmother from milking father, and (4) milking son-in-law, that is the wife of a son who is breastfeeding to your wife.

In this connection, al-Shafi'i requires that a child becomes a mahram when the child has been breastfed five times separately and in less than two years of age. (See: al-Mawardi, al-Hâwi al-Kabīr fî Fiqh Madhīmab al-Imam al-Syafi‘i, Darul Pole: Beirut, 1999, volume 11, p. 369).

The mahram muaqqat or temporary are women who are forbidden to be married for some reason. If the cause is lost, then the forbidden is also lost. They are:

1. Brother / sister-in-law. That is, it is not permissible to marry a woman while simultaneously marrying her siblings at the same time, both siblings because of nasab and siblings due to dairy, both in one contract or in a different contract. If the marriage is done at one time, then cancel the second marriage. However, if the marriage is done in the second time, then the second marriage is canceled. Unless the first woman dies or after being divorced and then expires, her sister may be married.

2. Aunt's wife. The reason is, you cannot marry a woman at the same time with her aunt or niece.

3. The fifth woman. This means that a man cannot marry a fifth woman because he has already married four women. Unless one of the four dies or is divorced.

4. Idolatrous polytheists, that is, women who do not have celestial books (the Torah and the Gospel). However, if the woman has a celestial book or the woman has converted to Islam, then she may be married.

5. A married woman. A man may not marry a woman who is married and is still in marriage. However, if her husband dies or divorces her and the iddah period is over, then it can be married.

6. Women who are still undergoing a period of iddah, both from the death and divorce iddah. After the iddah period is over, then he may be married.

7. Women who have been barred three. It is not lawful for a husband to refer or remarry his wife who has been barred from three, until his wife is married by another man (muhallil) with a legal and Shari'a marriage. Then, the second husband or Muhallil divorced him and his wife's iddah period was over. If it is fulfilled, then the first husband may remarry with a new contract. (See: Dr. Mustafa al-Khin, Dr. Mustafa al-Bugha, 'Ali al-Syarbaji, al-Fiqh al-Manhaji' by Madzhab al-Imam al-Syafi'i, Damascus: Darul Qalam, 1992, volume 4 , pp. 25-33).

In other books, mahram muaqqat is added to the woman who is ihram until her ihram is finished, and the female adulterer to repent of her adultery. The provisions of the mahram above are largely deduced from the following verse: Prohibited from you (marrying) your mothers; your daughters; your brothers and sisters, your father's brothers and sisters; your mother's sisters; daughters of your brothers and sisters; daughters of your sisters; your mothers who breastfeed you; sister sister; your wife's mother-in-law; your wife's children who are in your care of the wife you have interfered with, but if you have not interfered with your wife (and you have divorced), then it is not sinful for you to marry her; (and forbidden to you) the wives of your biological children (son-in-law); and bring together (in marriage) two women who are brothers, except those that have happened in the past; surely Allah is Most-Forgiving, Most Merciful (QS al-Nisa '04]: 23).

Thus unlawful women are married, both muabbad (permanent) and muaqqat (temporal). In addition, knowing these two types of mahram is also useful for determining the boundaries of genitalia and also the boundaries of traveling between men and women.

Allah knows best.

Ustadz M. Tatam Wijaya, PP Raudhatul Hafizhiyyah Sukaraja-Sukabumi Alumni, Caregiver of Taklim Assembly "Syubbanul Muttaqin" Sukanagara-Cianjur, West Java.

Source: https://islam.nu.or.id