Can a person in the state of Ihram contract a marriage?
Chapter on What the Muhrim Must Avoid and What is Permissible for Him
Al-Mughni
Book of Hajj
Primary text
A person in the state of Ihram is forbidden from contracting a marriage for themselves, acting as a guardian (*wali*) in a marriage contract, or acting as an agent in marriage. This prohibition is supported by the opinions of 'Umar, his son, Zayd ibn Thabit, Sa'id ibn al-Musayyib, Sulayman ibn Yasar, al-Zuhri, al-Awza'i, Malik, and al-Shafi'i. The evidence against permissibility is the Hadith narrated by Aban ibn 'Uthman from 'Uthman ibn 'Affan, where the Messenger of Allah (peace be upon him) stated: "The one in Ihram neither marries, nor is married, nor proposes." This was narrated by Muslim. Furthermore, since Ihram prohibits the use of perfume, it consequently prohibits marriage, similar to the restriction during the waiting period ('iddah).
Supporting text
The position allowing it is attributed to Ibn 'Abbas, and it is the opinion of Abu Hanifah, based on the narration that the Prophet (peace be upon him) married Maymunah while he was in the state of Ihram (a narration agreed upon by Bukhari and Muslim). Proponents argue that marriage is a contract granting the right of enjoyment, which Ihram should not prohibit, similar to the purchase of female slaves. However, the counter-argument relies on narrations from Maymunah herself and Abu Rafi' stating that the Prophet (peace be upon him) married and consummated the marriage with Maymunah while he was lawful (*halal*). It is argued that these narrators, being closer to the event or the subject of the marriage, are more knowledgeable than Ibn 'Abbas, especially since Ibn 'Abbas was young. Furthermore, the verbal command of the Prophet (peace be upon him) is considered stronger evidence than his action, as the action might be specific to him.