4. Directory Incapacity:
This may arise from:
- Marrying a woman 'enceinte': It is unlawful to marry a woman who is already pregnant by her former husband.
- Prohibition of divorce: When the marriage is dissolved by the pronouncements of divorce three times, re-union is prohibited except after the lawful marriage of the woman with another man and then its being dissolved after consummation.
- Marriage during pilgrimage: Under Shia Law, Marriage during pilgrimage is void.
- Marriage with a sick man: Marriage with a sick man suffering from disease which is likely to be fatal is invalid. If however, he recovers and the marriage is consummated, it is valid.
Even in the present context, when all other religions enjoin monogamy, polygamy i.e. authority to marry up to four women is a privilege of Muslim men. Since it is one of the religious practices it is claimed to be immune from any legislative enactment.
Conversion to Islam for the Sake of Legitamising a Marriage
Skinner v. orde (1871) 14 M.I. A. 309. Helen Skinner was married according to Christian rites with George Skinner who died in the lifetime of Helen. Thereafter she cohabited with John Thomas who was married to Christian Wife, who was alive at that time. In order to legalize their union Helen and John both converted themselves into Islam. However their conversion was not held to be bona fide. It was held that this conversion was pretended for the purpose of Bigamy that was not permissible under the law.