If a man contracts a marriage with a woman according to the Shari'ah but has not yet consummated it, is it permissible for him to be alone with her and go out with her?

The questioner : I proposed for my daughter and wrote her marriage contract for my nephew, but there are situations where he wants to sit with her alone, meaning he sits with his fiancée who has the marriage contract. I object. A man came and said: No, my brother, it is permissible for him to be alone with her; because once it happened that...The Shaykh : In Syria, a fatwa was issued to some young people, in the sense of: open the door for the girl's fiancé to take a kiss or something of that nature. Is this statement correct that...?

The Shaykh : Is he a fiancé who has contracted the marriage or not?

The questioner : He has contracted the marriage.

The Shaykh : Did he contract the marriage or not?

The questioner : Yes, a marriage contract.

The Shaykh : Okay, so she has become his wife.

The questioner : Yes, she is his wife, but it is not the matter that you and I know, meaning he has not consummated the marriage according to the Shari'ah. Do you want more explanation than this?

The Shaykh : A contract?

The questioner : My nephew contracted the marriage.

The Shaykh : So, is it a Shari'ah contract or a legal one?

The questioner : No, a Shari'ah one.

The Shaykh : A Shari'ah one?

The questioner : No.

The Shaykh : It is not permissible for it to be two.

The questioner : How is it Shari'ah? Explain it to me, I mean.

The Shaykh : Shari'ah, meaning you married your daughter to a young man you chose as her husband, and you brought two witnesses and testified that I, of my own free will, have married this girl to this brother. Bear witness, and this is the Shari'ah marriage. The legal one is known: the marriage officer comes with his register, writes the names, questions the girl, interrogates her, and so on. That is the legal one. So we are speaking from the perspective of precaution: was this marriage Shari'ah only, or Shari'ah and legal as well?

The questioner : Shari'ah and legal.

The Shaykh : Good, so she is now his wife.

The questioner: Yes.

The Shaykh : It is true that he has not consummated the marriage, but is there a difference between consummating it immediately after the contract or after a day, a week, or a month? There is no difference; she has become his wife.

The questioner : It is permissible for the destiny not to be fulfilled, so that he goes to sleep with her and ruins the girl.

The Shaykh : I did not understand what you are saying.

The questioner : I am speaking from the perspective of the error, I am telling you regarding my situation.

The Shaykh : Did you understand me or not?

The questioner : I understood, yes, she is his wife and lawful to him.

The Shaykh : So what is the problem now?

The questioner : I am speaking, meaning, should I let them be on their own, or should I remain firm, meaning that...

The Shaykh : That is it, you will sit outside now. As soon as you agreed that she is the wife of so-and-so and the witnesses testified, you no longer have any authority over her whatsoever.

The questioner: Allahu Akbar.

The Shaykh : Is the matter clear to you?

The questioner : I mean, Shaykh, let us suppose that the girl is, from the Shari'ah perspective and praise be to Allah, the Lord of the worlds, fine. But my nephew, at some times, cuts off in the prayer. And the same girl alerted me to this matter recently, that if he continues to cut off in the prayer, it is possible he does not pray. So I do not want him. From this perspective, for the last month, I have prevented him from entering the house, but he comes to the house himself.

The Shaykh : This is unreasonable talk.

The questioner : Why is it unreasonable?

The Shaykh : Your nephew, do you not know whether he prays or not?!

The questioner : I know that he prays.