QUESTION:

I had a question about the marriage (nikah) when it has been almost over 7 months of intimacy between husband and wife what does that mean? Is the nikah valid?

And kindly tell me when a nikah is in danger

ANSWER:

Yes, the Nik’ah (marriage contract) is perfectly valid even if the couple do not have physical relationship for the whole of their lives. The Nik’ah will break only with talaq (divorce) & the death of the husband.

However, one of the main purposes of getting married is to have children and it is from the right of a man and woman to satisfy each others physical sexual needs. So if there is a lapse from either side, he or she will be held accountable on the Day of Judgement.

The Wife has the right to demand the separation from husband, from a Qazi (Judge) on this basis.

The Qur’an says,

 هُنَّ لِبَاسٌ۬ لَّكُمۡ وَأَنتُمۡ لِبَاسٌ۬ لَّهُنَّ‌ۗ

“They are clothing for you and you are clothing for them.”

[Surah al-Baqarah 187]

مِنۡ ءَايَـٰتِهِۦۤ أَنۡ خَلَقَ لَكُم مِّنۡ أَنفُسِكُمۡ أَزۡوَٲجً۬ا لِّتَسۡكُنُوٓاْ إِلَيۡهَا

وَجَعَلَ بَيۡنَڪُم مَّوَدَّةً۬ وَرَحۡمَةً‌ۚ إِنَّ فِى ذَٲلِكَ لَأَيَـٰتٍ۬ لِّقَوۡمٍ۬ يَتَفَكَّرُونَ

“And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.”

[Surah ar-Rum 21]

حَدَّثَنِي يَحْيَى، عَنْ مَالِكٍ، عَنِ ابْنِ شِهَابٍ، عَنْ سَعِيدِ بْنِ الْمُسَيَّبِ، أَنَّهُ كَانَ يَقُولُ مَنْ تَزَوَّجَ امْرَأَةً فَلَمْ يَسْتَطِعْ أَنْ يَمَسَّهَا فَإِنَّهُ يُضْرَبُ لَهُ أَجَلٌ سَنَةً فَإِنْ مَسَّهَا وَإِلاَّ فُرِّقَ بَيْنَهُمَا ‏‏

Yahya related to me from Malik from Ibn Shihab that Said ibn al- Musayyab said, “If someone marries a woman and cannot have intercourse with her, there is a deadline of a year set for him to have intercourse with her. If he does not, they are separated.”

[Mu’atta Imam Malik Book 29, Hadith 74]

Allah knows best.

Answered by Mawlana Mohammed Kashif

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