A man contracted marriage with a woman, a disagreement arose with her guardian, and he had intercourse with her without his permission. What is the ruling on the marriage, and is it considered unlawful sexual intercourse? Please inform us. May Allah reward you with good.
Machine translationRead the Arabic original
Shuqara: Another question. A man contracted marriage with a woman, a disagreement arose with her guardian, and he had intercourse with her without his permission. What is the ruling on the marriage, and is it considered unlawful sexual intercourse? Please inform us. May Allah reward you with good.
The Shaykh : Far from it being considered unlawful sexual intercourse, as long as the question is that he contracted the marriage with her with the permission of her father, meaning with the permission of her guardian. However, certain customs have taken hold, which we consider to be from the customs of the pre-Islamic age of ignorance, where the girl's guardian imposes on the girl's husband that he not have intercourse with her until such and such, and similar restrictions that stand as a stumbling block in the way of hastening the good. There is no doubt that marriage is a good thing, and hastening it is also a good thing. So, I even imagine something more precise than the generality I mentioned just now. I imagine that if the girl's guardian conditions upon his son-in-law, and upon his daughter's husband, that he not have intercourse with her until such and such, and then he violates the condition and has intercourse with her, it is not considered that he is committing unlawful sexual intercourse, because she is lawful for him, but he has failed to uphold this condition. If the condition has a valid basis in the Shari'ah, then he is sinful for violating this condition. And if it has no valid basis, then there is no sin. As for portraying it as if having intercourse with his wife before the time set for him by his uncle, meaning his wife's father, is the furthest thing from the truth.
Shuqara: .....
The Shaykh : Huh, huh, Glorified is Allah, Glorified is Allah!
The Shaykh : Far from it being considered unlawful sexual intercourse, as long as the question is that he contracted the marriage with her with the permission of her father, meaning with the permission of her guardian. However, certain customs have taken hold, which we consider to be from the customs of the pre-Islamic age of ignorance, where the girl's guardian imposes on the girl's husband that he not have intercourse with her until such and such, and similar restrictions that stand as a stumbling block in the way of hastening the good. There is no doubt that marriage is a good thing, and hastening it is also a good thing. So, I even imagine something more precise than the generality I mentioned just now. I imagine that if the girl's guardian conditions upon his son-in-law, and upon his daughter's husband, that he not have intercourse with her until such and such, and then he violates the condition and has intercourse with her, it is not considered that he is committing unlawful sexual intercourse, because she is lawful for him, but he has failed to uphold this condition. If the condition has a valid basis in the Shari'ah, then he is sinful for violating this condition. And if it has no valid basis, then there is no sin. As for portraying it as if having intercourse with his wife before the time set for him by his uncle, meaning his wife's father, is the furthest thing from the truth.
Shuqara: .....
The Shaykh : Huh, huh, Glorified is Allah, Glorified is Allah!
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.