Q: I have a question regarding niqaah. A girl was forced, threatened and pressurized by her parents into the Nikah against her will. So she accepted verbally and in writing against her will and now she is not happy with her husband. She refrains her husband from seclusion, touching and specially having intercourse. She says that the marriage is not valid and she won’t live with her husband. Now my question is:
1. If they are not having any kind of physical relation, then will the niqaah be valid? After what time period it will be considered as talaaq if they don’t have any physical relation intentionally?
2. If the husband forcefully tries to have some physical relation or touches the wife “forcefully”, is it permissible? What will be it’s effect on the nikaah?
3. In case the marriage and nikaah is valid, is she permited to ask for Khula’? Please do guide me in detail soon.
A:
1. When she agreed then the nikaah is valid.
Under normal circumstances, there will be no talaaq.
2. It is his right to have relations, whether forcefully or willfully.
3. If she is totally disinclined and she fears that she will not be able to fulfil his rights it is permissible.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)