A man contracted marriage with a woman, then a disagreement arose between him and her guardian, so he consummated the marriage. Is this considered zina?
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The questioner : A man contracted marriage with a woman and a disagreement arose with her guardian, and he consummated the marriage without his permission. What is the ruling on the marriage, and is it considered zina? Please inform us. May Allah reward you with good.
The Shaykh : Far be it that it be considered zina, as long as the question is that he contracted the marriage with the permission of her father, meaning with the permission of her guardian. However, some customs have become prevalent, 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 consummate the marriage 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 good, and hastening it is also good. So, I even imagine something more precise than the generality I mentioned earlier. I imagine that if the girl's guardian stipulated to his son-in-law, to her husband, that he not consummate the marriage until such and such, and then he violated the condition and consummated it, he is not considered a wrongdoer, because she is lawful to him, but he failed to uphold this condition. If the condition has a valid basis in the Shari'ah, he is sinful for violating this condition. And if it has no valid basis, there is no sin. As for imagining that if he consummates with his wife before the time set for him by his uncle, meaning his wife's father, that is the furthest thing from the truth.
The questioner : I consider him a foolish husband if he delays.
The Shaykh : Glory be to Allah.
The Shaykh : Far be it that it be considered zina, as long as the question is that he contracted the marriage with the permission of her father, meaning with the permission of her guardian. However, some customs have become prevalent, 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 consummate the marriage 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 good, and hastening it is also good. So, I even imagine something more precise than the generality I mentioned earlier. I imagine that if the girl's guardian stipulated to his son-in-law, to her husband, that he not consummate the marriage until such and such, and then he violated the condition and consummated it, he is not considered a wrongdoer, because she is lawful to him, but he failed to uphold this condition. If the condition has a valid basis in the Shari'ah, he is sinful for violating this condition. And if it has no valid basis, there is no sin. As for imagining that if he consummates with his wife before the time set for him by his uncle, meaning his wife's father, that is the furthest thing from the truth.
The questioner : I consider him a foolish husband if he delays.
The Shaykh : Glory be to Allah.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
