A discussion on the concept of the Contract of Prohibition in Islamic law.
[AR_ID:1929]
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1 Answer
Peace be upon you.
Ayatollah Khamenei (may Allah protect him):
There is no contract known as the Contract of Prohibition other than the permanent or temporary marriage contract. To understand their rulings, you can refer to the book 'Tahrir al-Wasila' available on the website, in the chapter on marriage. Among their rulings is that the consent of the guardian of a virgin girl (her father or paternal grandfather) is required, as a precautionary obligation.
However, the validity of the temporary contract with an infant girl (without considering a duration that allows for enjoyment) is questionable.
Source: Special Inquiry + Differences in Fatwas.
Ayatollah Sistani (may Allah protect him):
The Contract of Prohibition is a permanent or temporary contract intended to establish a prohibition, making it impermissible for a person to marry the mother of his wife. However, in the case of a temporary contract, it is problematic if the duration is less than what allows for some enjoyment between them. Therefore, the validity of the contract for a minor, for the purpose of establishing prohibition, is questionable if the specified duration does not allow for any enjoyment. It is advisable to observe precaution in this matter.
Source: Minhaj al-Salihin, Vol. 3, Issue 244.
May you be successful in all good.