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Relations before rukhsati

Q: Is sexual intimacy prior to bridal departure (rukhsati) permissible if Nikkah is already done. If this is not permissible then why?

Bismillaah

A: Yes, as long as the nikaah is done.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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11th October 2010 / 2nd Zul Qadah 1431 Assalamou alaikum Respected Mufti sahib, I live in England, United Kingdom. I am a widow, my husband passed away nearly 3 months ago. I have 9 sons and 2 daughters. My husband?s mother is also alive. My late husband was the owner of two houses. Some months prior to his death, my husband made me a joint owner in one of these properties. Upon the instructions of my late husband, a solicitor completed the legal paperwork and we both signed various documents in the presence of witnesses. After the death of my husband, my children requested a scholar to explain the rules of Islamic inheritance so we could distribute my husband?s wealth according to the Shariah. When the discussion arose about the joint ownership of one of the houses, the scholar was of the opinion that this transfer of joint ownership was not valid because it seemed to him that this was only done symbolically and not as a genuine gift. However, beside the legal paperwork there is no other document available to support or negate the intention of the deceased. The scholar also said that even if the above gift was genuine, this kind of gift is faasid because of the following rule of Hiba: ومن وهب شقصاً مشاعاً فالهبة فاسدةٌ، فإن قسمه وسلمه جاز ) الهداية شرح بداية المبتدي,ص225,ج3, الناشر المكتبة الإسلامية) Which in essence says, if the item is such that if it is divided it can still be of use, then it is not permissible to give it without dividing it. Such items are ?a plot of land, a big house…?. See Bahishti Zewar (link below) page 66 point 5 http://www.islamicbulletin.org/free_downloads/women/bahishti_4_5_6_7.pdf I would be grateful if you would clarify (a) whether a house in the UK falls within the category of divisible property; (b) whether according to the Shariah I am the rightful owner of 50% of the house which was in joint ownership between myself and my husband. Jazakallah