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Unconsummated Marriage

Answered as per Hanafi Fiqh by CouncilofUlama.co.za

Q: My religious marriage occured 4 years ago and till now my wife prevents me from penetration. During making love, I only get to satisfy her by rubbing and remain unsatisfy. Four years passed and I commited zina by means of internet which I should not have done and I need to seek Allah’s pardon and never do it again. We are still both virgin and this disturbs me morally every day. I want advice from qualified Ulama about what should I do or not and if my nikah still stands. We did not perform a civil marriage.

A: Your wife cannot refuse you penetration. It is your marital right to have intercourse. You should explain to her that it is frustrating you and causing you to think of satisfying yourself elsewhere. If she refuses then you can either divorce her or stay in the nikah and make sabar (have patience). Your nikah is still intact even though you had no intercourse as yet.

This answer was collected from CouncilofUlama.co.za, which is operated under the supervision of Council of Ulama Eastern Cape, South Africa.

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