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My wife & I separated not divorced.Stay separate but she wants to stay in nikah as she enjoys sex with me.I don’t think its right but is this a muta and unlawful?Afraid if she gets pregnant.

Answered according to Hanafi Fiqh by Askimam.org
Answer

The institution of Nikah is not only for fulfilling one’s base desires. Nikah is based on Sukoon (solace) and Muwaddat (love) between the spouses.

This solace and love is achieved only through the Shari?ah laws governing the institution of Nikah. If the institution of Nikah is reduced only to intimacy, then that will defeat the purpose and foundation of Nikah. Nevertheless, if the spouses mutually decide to forfeit their marital rights from each other, then it is also their right and this will not be Muta.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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