Monday, 4 July 2011

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

marriage contract cannot be invalidated by the passage of time, no matter how long
ar - en - fr - ur
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.


Praise be to Allaah.

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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