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Consummation Of Nikah Before Rukhsati
Asalmalaikum. What is the view of Ghamdi Sahab about consummation the nikah or marriage before rukhsati? These days parents do nikah to their kids to make it halal if they want hangouts but kids take it if they are allowed to consummate the marriage. What is Ustadh Sahab advise to the parents and to the young couples, whether they should have engagement or nikah? What did Prophet Muhammad (May peace be upon him) did in the period of Nikah with Hazrat Ayesha AS?
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5 Replies
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Consummation Of Nikah Before Rukhsati
updated 3 years, 6 months ago
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Replies
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From the legal/sharia perspective, if the nikah has taken place then the couple has the right to consummate it. If that’s not the intention of nikah then of course the couple should just have an engagement.
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A marriage is not a marriage until it’s consummated right?
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Question:
Can a man have sexual relationship with his wife without paying mahr? What is mahr-i muajjal and ghayr muajjal? I have recently entered into nikaḥ with a girl but she has not moved with me: rukhsati has not yet been done. I want to talk to her freely and discuss with her every matter of life but I am not sure I should do so because I have not paid her mahr completely. About one fourth has been paid as jewellery on the day nikaḥ was contracted and the rest is payable. And can I talk to her freely? Can I have sexual relationship with her?
Answer:
It is not obligatory to pay the agreed amount of mahr before consummation of marriage. Mahr can be paid at the time of nikaḥ. The amount paid at the time of nikaḥ is termed ghayr muajjal while the part left over to be paid within a determined time period is termed muajjal.
Nikaḥ renders both of you legally husband and wife. This entails two things. First, you both have legal right to live together and can establish marital relationship. Second, you both have some responsibilities towards each another.
The responsibilities on the part of the husband include the protection and complete financial support to the wife. It also includes his being responsible of the offspring both will have.
The marital relationship in the present situation cannot be objected to on the legal grounds. But social norms would not accept this. If the society comes to know this kind of relationship between you both prior to the time your wife moves with you and you openly start living as a husband and wife, they would not welcome it. It will cause a huge fall in your and your wife’s repute. Please note that it is in fact recognition by the society which makes your relationship acceptable. And it is only the society that makes sure that any of the party does not neglect the duties entailed by the union. If a couple has sexual relationship prior to rukhsati and the woman gets pregnant, it would harm her repute.
I would suggest you should not think of consummating your marriage. However, there is no restriction on your meeting with her as any two believing Muslim and Muslimah can. You should try to bring your wife over as soon as possible. You both can talk your elders into doing that very soon.
(Tariq Haashmi)
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To my understanding it is halal but not recommended and permissible according to the Adaab of society. Quran explained in law of Divorce that there is no Mehr if the marriage is not consumed.
The above video is not related to this question.
If Ghamdi Sahab also tell what is the role of engagement in Islam. Again Hazrat Ayesha rahi Allah Anha was engaged before Prophet Muhammad’s (MPBH) proposal.
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There’s no role of engagement in Islam. Engagement is simply an intention to marry a certain person, but it has nothing to do with Islam. If hazrat Ayesha was engaged, it doesn’t make it an Islamic ritual.
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