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| Fatwa ID: | 3271 |
| Title: | The rules for a newly married man in Islam between the signing of the contract and the consummation of the marriage |
| Category: | Family and Personal Affairs |
| Scholar: | Shaykh Waleed Basyouni PhD |
| Date: | 07/23/2007 |
All praise is for Allah.
By merely signing a marriage contract—as long as it is valid according to Shari`ah—with a woman, it becomes permissible for a man to consummate the marriage with his wife any time he likes.
However, in Muslim countries, the way people do things and what they are used to is that consummation of the marriage only takes place after the marriage has been announced, usually by having a wedding party, and you should respect this norm. Custom should be considered unless it violates clear, textual evidence. Nowhere in any Muslim country is it the norm for a woman to go out with her husband before the marriage has been consummated or he has been alone with her, and therefore, had sexual intercourse with her. If that should happen, meaning if he were to go out with her and perhaps have sexual relations with his wife during this outing, there would be no sin on him, but there are some things that would change as a result. Among them are:
The woman would have the right to receive her mahr in full, for with the signing of the contract she deserves half the mahr and by her husband being in seclusion with her, she deserves the other half, and that would have happened in this case. So, were it fated that he should divorce her before the wedding party, she would have the right to receive her mahr in full.
He must provide for her financially, because she receives the right to maintenance when she gives herself to him [sexually]. In this case, she would have done so, and as such, she would be his wife, so he would be financially responsible for her.
Any children she bears would be his. If she gives birth to a child, as little as six months after the first incidence of sexual intercourse, he would be the father, for she has become his "bed".
These are the most obvious consequences that the husband would take upon himself; and success is from Allah.
