Question

Nikah never consummated after one year

229

Question

I went through a Nikah ceremony a year ago due to emotional duress placed on me. I was never happy with the marriage and it was never consummated. I continue to wear Hijab in front of this person. Is this marriage valid?

Related Fatwa

Guidelines for Marriage

The basic principle in Muslim transactions and contracts is validity

Marrying a woman who does not have a Muslim guardian

What happened to you has no effect on the validity of marriage

Wants to marry a man with whom she communicated and spoke in haram ways

She does not have a guardian for the purpose of marriage; can one who takes care of her marry her off to himself?

Belongs to a Rich Family and Was Proposed for Marriage by Man with Average Financial Condition

Accepted Answer

Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

There are five conditions for valid marriage. They are:
1) Identification of the two partners by names and so on.
2) Consent of both of them.
3) Presence of a guardian of a female for the Prophet's (Sallallahu Alaihi wa Sallam) Hadith: "There will be no valid marriage without a guardian" [ Ahmad and Abu Dawood ] and "female who gets married without her guardian's consent, her marriage is invalid, her marriage is invalid her marriage is invalid" [ Ahmad and Abu Dawood , al-Suyouti and al-Albany regarded it as a sound Hadith].
Her guardians are as follows according to their priority: A father, grandfather, son, brother, and then the nearest relative.
4) Presence of two just witnesses for the Hadith: "There is no valid marriage without a guardian and two just witnesses" [ Ibn Hibban and al-Baihaqi , al-Zahabi regarded it as sound].
5) Being free from what prevents marriage. In other words, one should not be from the prohibited relatives due to lineage, be with suckling relation, relationship by marriage, difference in religion such as a non-Muslim male or a pagan female or even in her Iddah (waiting period). One exception in this case is the chaste female of the People of the Book.
Thus, we state a valid marriage should meet the above-mentioned conditions; otherwise, it is invalid and should be revoked.
This is what we can present in this concern, and if you need clarification of anything we are ready to help.
Allah knows best.

Fatwa

Nikah never consummated after one year

Question

Answer

Related Fatwa

Guidelines for Marriage

The basic principle in Muslim transactions and contracts is validity

Marrying a woman who does not have a Muslim guardian

What happened to you has no effect on the validity of marriage

Wants to marry a man with whom she communicated and spoke in haram ways

She does not have a guardian for the purpose of marriage; can one who takes care of her marry her off to himself?

Belongs to a Rich Family and Was Proposed for Marriage by Man with Average Financial Condition

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