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Validity of nikaah if a couple don’t have relations

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q:

1. Is the nikah of a couple still valid when the couple, though staying under one roof, have no relations and no mutual closeness for almost 2 years?

2. How shall she proceed to have the talaaq?

3. Same woman, currently is pregnant from another man. They both want to make nikah. Please advise the best way to resolve this situation.

Bismillaah

A:

1. Yes.

2. Request him for a divorce.

3. First get the husband to divorce her.

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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