ABSOLUTE MARRIAGE BARRIERS
1-IDENTITY:
A) Blood Relationship: According to MK 129 b. 1, “Marriage is prohibited between ascendants and descendants; between siblings; between uncles, aunts, and nephews and nieces.
Contrary to this article, the prohibition on marriage between collateral relatives is limited only to third-degree relatives. In other words, while an uncle cannot marry his niece, the uncle’s child and niece can marry each other. This is because the relationship between them is fourth-degree kinship. It is prohibited for moral and medical reasons. This is because it has been considered that the health of future generations would be endangered if a hereditary disease were passed down from generation to generation as a result of marriage between close relatives.
The prohibition on marriage between siblings covers both step-siblings and blood siblings.
B) Affinity: According to MK 129 b.2, “Even if the marriage forming the affinity has ended, one spouse cannot marry the other’s parents or descendants. There is no obstacle to marrying the spouse’s other relatives.”
c) Adoption Relationship: According to MK 129 b.3, marriage is prohibited between the adoptive parent and the adopted child or between one of them and the other’s descendants and spouse.
2- PREVIOUS MARRIAGE: This is examined in MK 130. According to this, “A person who wishes to remarry must prove that their previous marriage has ended. The burden of proof lies with the person who wishes to enter into a second marriage.
3- MENTAL ILLNESS: This issue is also regulated in MK 133, and a formal medical report stating that there are no medical objections to the marriage of persons with mental illness is required.
UNCLEAR MARRIAGE BARRIERS
1- Waiting Period: Regulated by MK 132. After divorce, women cannot remarry until 300 days have passed, which is considered the maximum pregnancy period. This does not require waiting for the outcome of the previous marriage or proving that the woman is not pregnant with a medical report.
2- Certain Infectious Diseases: These diseases are regulated by Article 123 of the Public Health Law. There are certain restrictions for those suffering from diseases such as syphilis, gonorrhea, chancroid, and leprosy.