Married without nikaah.
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:
Assalamualaikum
how are you my dera brother n Sister`s i would like to ask one thing that if i
marry a girl she is catholic can i have a sex with her with out nikha.
according to the islam with out nikha having a sex with a girl is haram..
jazakallah
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Answer:
Married without
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 none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Dear and beloved brother in Islam, for a ‘nikaah’ or
marriage to be lawful and valid in the Sight of Shariah Law and of Allah
Subhanah, the below listed four absolutely obligatory conditions have to be
fulfilled:
- Proposal
by one (eligible) party and acceptance by another.
- The
determination of ‘mehr’ for the bride.
- The
presence of (at least) two witnesses to the marriage contract.
- The
consent of the ‘wali’ or guardians of the bride.
Your
Question: i would like to ask one thing that if i marry a girl she is catholic
can i have a sex with her with out nikha.
We are not entirely sure what you mean when you inquire
that ‘if you marry a girl (catholic), can you have sex with her without
‘nikaah’?’
It is absolutely lawful for a believer in Shariah to marry
amongst the chaste believing women, or amongst the chaste women of the People
of the Book (Jews and Christians). Thus
provided all the above listed four obligatory conditions of a marriage or
‘nikaah’ in Shariah were honored, regardless of whether the marriage took place
in a court or a masjid, the marriage or ‘nikaah’ between the believer and the
woman (regardless of whether she is a Muslim or a Christian) will be absolutely
lawful in the Sight of Shariah.
If even one of the above listed four obligatory conditions
of an Islamic ‘nikaah’ or marriage were violated, regardless of whether the
bride happens to be a Muslim or a Christian, that marriage will be deemed null,
void, and unlawful in the Sight of Shariah Law and of Allah Subhanah.
Thus if you have married the Christian sister lawfully,
and all the four above listed four conditions of an Islamic ‘nikaah’ or
marriage were honored…the two of you would be deemed married in the Sight of
Shariah, and you are well within your rights to enjoy conjugal relations with
your legally wedded wife in your sacred bond of marriage.
If even one of the above four listed obligatory conditions
of an Islamic marriage were violated, the relationship is absolutely unlawful
and any sexual interaction with the non-mehram woman will constitute a case of
‘zina’ or fornication in the Sight of Shariah Law.
Beloved brother in Islam, if you could kindly clarify what
exactly mean when you say you married the Christian sister without ‘nikaah’, we
would be better able to guide you in light of the guidance of the Quran and the
Sunnah, Insha Allah.
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
Wister