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 fornication? Please inform us, may Allah reward you with good.

The questioner : Another question: 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 fornication? Please inform us, may Allah reward you with good.

The Shaykh : Far be it that it be considered fornication, 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, some 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 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 from the good. In fact, I imagine something more precise than the generality I just mentioned. I imagine that if the girl's guardian conditions upon his son-in-law, and upon his daughter's husband, that he not consummate the marriage until such and such, and then he violates the condition and consummates it, it is not considered fornication because she is lawful to him, but he has breached this condition. If the condition has legal standing, he is sinful in violating this condition, and if it has no legal standing, 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 student : I consider him a foolish husband if he delays.

The Shaykh : Glory be to Allah! Glory be to Allah!