Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

I have been informed by a friend that oral sex results in the annulment of the nikah. Is this true? To the best of my knowledge, it is a grey area 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Oral sex invalidates nikaah

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 223:

222 They ask thee concerning women's courses. Say: ‘They are a hurt and a pollution; so keep away from women in their courses and do not approach them until they are clean. But when they have purified themselves ye may approach them in any manner time or place ordained for you by Allah. For Allah loves those who turn to Him constantly and He loves those who keep themselves pure and clean.

223 Your wives are as a tilth unto you; so approach your tilth when or how ye will.

Allah Subhanah has permitted the husband and wife bonded in the sacred bond of marriage to enjoy conjugal relations any which way they please, except:

1. Having sexual intercourse with the wife during her menses.
2. Entering the wife through her anus or anal sex.

Some scholars have also voiced their opinion against touching either of the partner’s sex organs with the mouth or oral sex. But because nothing is specifically mentioned in the Quran and Sunnah prohibiting oral-sex, the scholars have not specified it as ‘haraam’ or forbidden… The most they have said is that one should fear Allah and stay away from this act as it is considered impure, unclean, unhealthy and absolutely unnatural.

Your Question: I have been informed by a friend that oral sex results in the annulment of the nikah. Is this true?

Even if the married couple were involved in what is clearly forbidden regarding their conjugal relations like having sexual intercourse while the wife is in the state of menses, or anal or oral sex….as grave and as abomination a crime it may be in the Sight of Shariah Law and Allah Subhanah, the act by itself does not invalidate their ‘nikaah’. The couple who have done any of the forbidden acts should fear Allah, turn back to their Lord in sincere repentance, and make a solemn covenant with their Lord that they will never ever indulge in what is forbidden again; it is expected that they will find their Lord Forgiving and Merciful.

The only acts that ‘annul’ or invalidate the ‘nikaah’ in Islam is if any of the obligatory conditions of a ‘nikaah’ contract were not fulfilled and honored like proposal and acceptance by the two eligible parties, determination of mehr, availability of two witnesses to the marriage contract and the consent of the ‘wali’ or guardian of the bride.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Burhan