Q38

As salamua alaikum WA rahmatullah ya akhi

We have a situation and I will like USTADH input.

“Introduction” as it was called between a brother and a sister. Though in it there was request-to-marry and acceptance of request with approval from Waliy. But a date was fixed again for the marriage proper more like walimah were the mahr will be presented/paid. Between intimacy has happened behind close doors and she is pregnant.

Have they committed Zina though after acceptance but before payment of mahr.

Their intention that the introduction is just a visit not the real nikkah affects it’s status as nikkah.

please throw more light on any part of this scenario.

has the marriage actually taken place, as the girls father has canceled the marriage but the boys family insist that they are already married just the mahr pending.

[4/23, 12:27 PM] Ustadh Abdulganiy Jumah: It should be made clear here that a lady is not considered to have been married to a man except with the explicit approval of her waliyy after the man may have sought her hand in marriage. If the waliyy understands the difference between ‘aqd an-nikāh and walīmat an-nikāh in Islam and he says he doesn’t regard the introduction as ‘aqd an-nikāh, his statement should be given precedence and the suitor should not consider the lady yet as his wife. He should not be in seclusion with her. More importantly, he should not have sex with her otherwise he commits zinā.
However, if the waliyy sees the introduction as ‘aqd an-nikāh, it is permissible for him to be in seclusion with her. And if he has sex with her before the day fixed for the walīmah, he has not committed zinā as walīmah itself is not a condition for the validity of an-nikāh; rather it is mustahabbah according to majority of the scholars, and it is Sunnah that it even comes after consummation as practised by the Prophet, sallā Allāhu alayhi wa sallam.
However, it is not encouraged that the man has sex with the lady unless he has enlightened the family about that.
Wallahu a’lam.

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