An Overview of the Standpoint of the Jurisprudents of the Five Islamic Schools Concerning the Effect of Adultery and Sodomy on the Prohibition of Marriage

Adultery (zina) and sodomy (lawat), as the reason of musahirat, may cause prohibition of Islamic matrimony. In this research, the sayings of the jurisprudents of the Five Islamic Schools concerning the effect of adultery and sodomy on the prohibition of the marriage are studied in a descriptive-analytical and comparative method. There is a consensus among the Five Islamic Schools about the fact that adultery subsequent the lawful marriage causes no prohibition of the marriage of man and wife, since «الحرام لایفسد الحلال» meaning an unlawful act does not make a preceding permitted act unlawful, while there is no consensus about the adultery preceding the lawful marriage. Some Imami jurists, and Hanafi and Hanbali jurists believe that there is prohibition in this case. Some other Imami jurists, and Maliki and Shafi‘i jurists consider the marriage of adulterer to adulteress’ mother or sister permitted. Studying the sayings and evidences of the parties show that the second idea is rejected. According to the sayings of Imami jurists concerning sodomy, the sodomite is not permitted to marry mother, sister and daughter of the sodomized, but the sodomized person is permitted to marry mother, sister and daughter of the sodomite. Hanbalis consider sodomy like adultery in this case and believe in prohibition of marriage due to sodomy. Other jurists believe that sodomy causes no prohibition.