Ali Asif asked 3 years ago
Salam,
A Lady solemnised nikkah on senteenth of May.
But before her nikkah, she spent a complete night with her friend at his place (where two of them were alone). And she also agrees that she spent minimum 3/4 nights with her friend since March. But she claims that both of them did not do intercourse during those nights.
The question is, can the nikkah done on 17th be accepted as legitimate and halal on the force of that woman’s claim? And even if the claims are accepted, even then, a nikkah without observing the gap of 3 hayz be considered as halal? The matrimonial and intimate relation of the said lady with her husband (after the controversial nikkah) be considered as halal or would it be considered as zina?
Fiqh Department Staff answered 3 years ago
بِسْمِ ٱللَّٰهِ ٱلرَّحْمَٰنِ ٱلرَّحِيمِ
السلام عليكم ورحمة الله وبركاته
As Salaamu Alaikum Wa Rahmatullahi Wa Barakatuh,
We hope this answer finds you in good Islamic spirit.
The (Shariah law) depends on the statement of the lady and since she claims that there was no intercourse happened. Since there was no marriage, it is allowed to have proper nikkah on any date since there is no iddah for such a relationship.
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