Married without nikaah.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Assalamualaikum how are you my dera brother n Sister`s i would like to ask one thing that if i marry a girl she is catholic can i have a sex with her with out nikha. according to the islam with out nikha having a sex with a girl is haram.. jazakallah
(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)
Married without nikaah
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.
Dear and beloved brother in Islam, for a nikaah or marriage to be lawful and valid in the Sight of Shariah Law and of Allah Subhanah, the below listed four absolutely obligatory conditions have to be fulfilled:
- Proposal by one (eligible) party and acceptance by another.
- The determination of mehr for the bride.
- The presence of (at least) two witnesses to the marriage contract.
- The consent of the wali or guardians of the bride.
Your Question: i would like to ask one thing that if i marry a girl she is catholic can i have a sex with her with out nikha.
We are not entirely sure what you mean when you inquire that if you marry a girl (catholic), can you have sex with her without nikaah?
It is absolutely lawful for a believer in Shariah to marry amongst the chaste believing women, or amongst the chaste women of the People of the Book (Jews and Christians). Thus provided all the above listed four obligatory conditions of a marriage or nikaah in Shariah were honored, regardless of whether the marriage took place in a court or a masjid, the marriage or nikaah between the believer and the woman (regardless of whether she is a Muslim or a Christian) will be absolutely lawful in the Sight of Shariah.
If even one of the above listed four obligatory conditions of an Islamic nikaah or marriage were violated, regardless of whether the bride happens to be a Muslim or a Christian, that marriage will be deemed null, void, and unlawful in the Sight of Shariah Law and of Allah Subhanah.
Thus if you have married the Christian sister lawfully, and all the four above listed four conditions of an Islamic nikaah or marriage were honoredthe two of you would be deemed married in the Sight of Shariah, and you are well within your rights to enjoy conjugal relations with your legally wedded wife in your sacred bond of marriage.
If even one of the above four listed obligatory conditions of an Islamic marriage were violated, the relationship is absolutely unlawful and any sexual interaction with the non-mehram woman will constitute a case of zina or fornication in the Sight of Shariah Law.
Beloved brother in Islam, if you could kindly clarify what exactly mean when you say you married the Christian sister without nikaah, we would be better able to guide you in light of the guidance of the Quran and the Sunnah, Insha Allah.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only Source of Strength.
Your brother and well wisher in Islam,