The Ruling on the Seclusion of a Fiancé with His Fiancée
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Question:
A message was sent from Iraq by one of the sisters there, saying: (S. S.) from Iraq, I would like, O honorable Shaykh, to pose this question to you, and I hope you will answer it as soon as possible: Is it permissible for a man to be alone with a woman after he has proposed to her, given that this proposal was made in the presence of her father and his father, and in the presence of two other men, and her father said to him: “I have accepted to marry you my daughter,” and this happened in the presence of his father and two other men, and in the presence of the young man as well? Are they considered husband and wife even if this contract has not been registered in a Sharia court?
Please inform us, may Allah reward you.
Answer:
As for the mere proposal, he is not allowed to be alone with her on the basis of the proposal alone; because she is a non-mahram (a woman he may not marry), and there is danger in his being alone with her, and he may fall into sin. The Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 5233 And he (peace and blessings be upon him) said: Al-Mustadrak lil-Hakim 2:94.
However, if her father contracts the marriage for him in the presence of two witnesses by saying: “I have married you to her,” and the young man says: “I accept,” and she is content with that, then she is his wife. He is allowed to be alone with her, and he is allowed to have intercourse with her. But if that would go against the custom of the people of the country, and might lead to a bad opinion of her, and that she might become pregnant, and it is thought to be from other than her husband, then this is not permissible; in order to avoid a bad opinion and accusations.
As for if he is alone with her with the permission of her family, and with the knowledge of her family, and he contacts her after the marriage, after the contract, then there is no harm in that. And it is better to postpone that until the wedding comes, until the known wedding between them is completed; so that there is no accusation, and so that there is no danger in a bad opinion. And Allah is the One to be sought for help. Yes.
A message was sent from Iraq by one of the sisters there, saying: (S. S.) from Iraq, I would like, O honorable Shaykh, to pose this question to you, and I hope you will answer it as soon as possible: Is it permissible for a man to be alone with a woman after he has proposed to her, given that this proposal was made in the presence of her father and his father, and in the presence of two other men, and her father said to him: “I have accepted to marry you my daughter,” and this happened in the presence of his father and two other men, and in the presence of the young man as well? Are they considered husband and wife even if this contract has not been registered in a Sharia court?
Please inform us, may Allah reward you.
Answer:
As for the mere proposal, he is not allowed to be alone with her on the basis of the proposal alone; because she is a non-mahram (a woman he may not marry), and there is danger in his being alone with her, and he may fall into sin. The Prophet (peace and blessings be upon him) said:
No man should stay with a lady in seclusion except in the presence of a Dhu- Muhram.
لا يخلون رجل بامرأة إلا مع ذي محرمA man should not be alone with a woman, for the Shaytan is the third among them.
لا يخلون رجل بامرأة؛ فإن الشيطان ثالثهماHowever, if her father contracts the marriage for him in the presence of two witnesses by saying: “I have married you to her,” and the young man says: “I accept,” and she is content with that, then she is his wife. He is allowed to be alone with her, and he is allowed to have intercourse with her. But if that would go against the custom of the people of the country, and might lead to a bad opinion of her, and that she might become pregnant, and it is thought to be from other than her husband, then this is not permissible; in order to avoid a bad opinion and accusations.
As for if he is alone with her with the permission of her family, and with the knowledge of her family, and he contacts her after the marriage, after the contract, then there is no harm in that. And it is better to postpone that until the wedding comes, until the known wedding between them is completed; so that there is no accusation, and so that there is no danger in a bad opinion. And Allah is the One to be sought for help. Yes.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.