𝗠𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (94)

Is a Husband Sinful for Consummating the Marriage Before the Wedding Ceremony? Question: A man concluded the marriage contract with a woman (nikah), but the marriage was not yet publicly announced. Then he consummated the marriage with his wife. Is he sinful? Some common people say that the prescribed punishment (ḥadd) must be carried out on him because he violated the customs of the country (Yemen). Is this correct? Sheikh Rashad Adh-Dhali'ee hafidhahullah: As for their statement that the prescribed punishment should be carried out on him, this is incorrect, because she is his wife. As long as he has performed the marriage contract with her, then she is his wife, and what is lawful between a husband and wife is lawful for him with her. Therefore, the prescribed punishment is not carried out on him, nor is he sinful. However, what he did is contrary to what is better and more appropriate, because it can lead to many harms and problems. For example, the man may die while the woman is still living in her family’s home before she is formally brought to his house as a bride, and she may have become pregnant by him. This would create a serious problem, as people may accuse her of fornication. Likewise, he may divorce her before she is officially taken to his home while she is pregnant by him, and this would also result in harm and many problems. In addition, this practice goes against what is commonly known from the guidance of the Messenger of Allah ﷺ and the Companions, and it also opposes the custom and practice people have continued upon — namely, that consummation with the wife takes place after she is formally brought to her husband’s home. There are also narrations commanding that marriage be publicly announced, and these narrations are authentic when considered together through their various chains. In some wordings it is mentioned: “What distinguishes lawful marriage from fornication is the beating of the duff.” Meaning: publicly announcing and making the marriage known through the beating of the duff. Therefore, announcing the marriage is legislated, and the action mentioned in the question is a mistake. But as previously stated, the prescribed punishment is not carried out on him, and he is not sinful, because she has become his wife. And Allah knows best. Source: https://t.me/rshad11/4663 ___ Additional Points: If a man promised the family that he would not consummate the marriage until after the walimah or wedding ceremony, then he must honor that promise. [https://t.me/womensbenefits/309] Note: Customs that are well known and practiced among people are regarded as an unspoken agreement. [https://t.me/womensbenefits/308] Detailed answer ⤵️ https://t.me/womensbenefits/310