Message No : 6Sr.No : 175/725
Question By : MoradhunTeebaye

Att: M. B. Qasmi
16 August 2003

Assalamoualaikoum

Dear Brother in Islam,
Thank you very much for all your precious advice given to me in your message dated Sat 7 June 2003 11.19.14.0400 (Online Darul Ifta) concerning some questions I put to you.

Following the ruling you gave, Abdullah and Malika got married on the 04 July last. But it is very sad to say that despite repeated appeals made by Abdullah, Malika never came to consummate the marriage. She always found out a pretext to keep Abdullah away from her until a period of forty (40) days has elapsed on Tuesday last (12/08/03). Abdullah is under the impression that the marriage has been dissolved and wants to know what the Shariah says about this. Together, we have consulted the Holy Quran and the Hadiths but we haven¡¯t found out a reply to the case.

I am therefore making an appeal to you to find out about this and let us know at your earliest possible. Also let us know what must be done if ever Malika repents and wants to come back to Abdullah. Should the Khutba for Nikaah be read over again?

Jazakallah

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

In the name of Allah, All Gracious, All Merciful

Wa Alaikumossalam
Dear brother in Islam,

The answer to your question is as follows:
Marriage will not be invalid because of adultery. But in some cases wife becomes forbidden forever for her husband, such as committing adultery with son of husband. (Raddul-Muhtaar Ala Durril-Mukhtaar Faslun Fee Al-Muharramaat Vol 2:318) So, the marriage is valid in the case referred to the above-mentioned question if divorced has not been given. However, if Abdullah loves Malika by heart and believes she may repent and amend herself, should not divorce her. Otherwise, he can get rid of such corrupt and wicked wife by divorcing her. It is reported that once a person came to the Prophet (SAW) and said, ¡°My wife does escape from the (libidinous) touching of a man¡±. The Prophet of Islam (SAW) said, ¡°Divorce her¡±. ¡°I love her and she is beautiful,¡± he said. The Prophet (SAW) said, ¡°Enjoy with her¡±. (Ibid)

As far as the matter of Tajdid-e-Nikaah (renewal of marriage) is concerned, it is advisable for every couple to follow it occasionally. Since, people sometime pronounce unknowingly the words lead to Kuf and Shirk. And marriage between Muslim and non-Muslim is forbidden.

And Allah knows the best,

Mohd. Shihabuddi

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