Friday 1 Rabi‘ at-akhir 1446 - 4 October 2024
English

A marriage contract cannot be invalidated by the passage of time, no matter how long

Question

Salam alekam brother,
I am working in XXX. This year I went to my home country in XXX and got married over there. For some reason our marriage did not consummate at that time. We also gave a Walima party the next day of our wedding. I had to go back to XXX and report back to work. Now it has taken more than six (6) months to get my wife a visa to join me here.
A friend was telling me that my marriage has become null and void since the marriage did not consummate for more than 6 months after the Nikkah (marriage). Is this true?
Do I need to re-marry her when she joins me in XXX. Please advise me because my wife is going to arrive very soon. May Allah bless you for your good work you are doing to help the Muslims by giving them Islamic guidance related to their day to day problems in life. Thank you.

Answer

Praise be to Allah.

If the marriage contract has been completed according to the conditions of sharee’ah (see Question # 813), then it is valid and will remain valid as stated in its terms, unaffected by the passage of time. The fact that you have spent six months without consummating the marriage will not invalidate it as your friend is claiming without any knowledge – if indeed you have understood him correctly. In this case you should advise him to fear Allaah and not to try to issue fatwas without knowledge. If he had advised you to make sure that your wife travelled with a mahram it would have been better. We ask Allaah to give you strength, blessing and happiness in your marriage. May Allaah bless our Prophet Muhammad.

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Source: Sheikh Muhammed Salih Al-Munajjid