Fathwa, - Swore not to have intercourse with his wife whom he was forced to marry

Share ::-

Question
what is the status of this marriage now according to islam? 1-marriage was not based on the free will of a boy but he did take her in the nikah 2-boy and girl do not have any sexual relationship after the six months of marriage 3- boy swor By Allah infront of family members ,that he will not have any relation with the girl my question is after Swearing , is the girl divorced? if not then what is the current status of the marriage?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammadis His slave and Messenger.
If this marriage contract took place fulfilling the conditions of a correct marriage contract, then the marriage is valid. The most important of these conditions is the presence of the guardian and two witnesses; for more benefit in this regard, please refer to Fatwa 83629.
The bond of marriage does not become void unless the husband initiates a divorce. If the husband refrains from having sexual intercourse with his wife or swears not to have sexual intercourse with her, then all this does not affect the bond of marriage between them; for more benefit, please refer to Fataawa 89825and 82732.
However, it is not permissible for a husband to refrain from having sexual intercourse with his wife without a sound reason for a period that harms her; he should either keep her in kindness or divorce her in kindness.
As regards a husband swearing not to have sexual intercourse at all with his wife, then this is Eelaa’ because he used a wording that necessitates eternity; so such a husband has a choice to do one of the two following matters:
1- To have sexual intercourse with his wife and expiate for his oath, in which case his Eelaa’ becomes void.
2- To insist on not having sexual intercourse with his wife, in which case his wife is allowed to take the matter to a Muslim judge or his deputy, and the latter gives him a respite of 4 months and then if the husband refuses to take his wife back, the judge would oblige him to divorce her. If the husband refuses, the judge divorces his wife from him; in this case the husband is not obliged to expiate.
It should be noted that in case the husband refrains from having sexual intercourse with his wife without swearing to do so, whether or not this is an Eelaa’, then the majority of the scholarsare of the view that there is no Eelaa’ except by making an oath, and this is the preponderant opinion.
Finally, it should also be noted that a father is not permitted to force his son to marry a girl whom he does not like.Allaah Knows best.

- PUBLISHERNajimudeeN M