#316: Ruling on having Sexual Relations with One`s Khātibah
*QUESTION*
“Assalāmu alaykum…Please a brother ask the question on a different platform…Ustadh how is family and work…Please I would like to know if having sexual practice with a lady after parental introduction and approval before paying her sadaq or marriage is prohibited and a sinful act before Allah. Secondly in absence of all this her marital right, can she be paying visit to you in your house and even spent some days? Jaazakallahu khayran…Pls help us with the answer”_
*ANSWER*
Wa alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh.
The Ulamā have agreed that it is not permissible to have sexual intimacy with any woman unless she is his wife or his right hand possessed (Bondswoman).
As for what makes a woman a wife, then it is the successful completion of the _Shurūt_ (Conditions) of the _’Aqdu An-Nikāh_…
The conditions of Nikāh that the Ulamā have agreed upon are three: the _Mahr_ (Sadāk), the Permission of the Walī of the bride, and the Presence of Witnesses.
Some of the Ulamā have added ‘Offer and Acceptance’ which is an official offering of the bride by her Walī and an acceptance by the Groom or whosoever represents him.
Once these conditions have been fulfilled, marriage and its rights and responsibilities can take effect. Sexual intimacy is one of those.
There is nothing in the situation you have depicted that shows that any of the conditions mentioned above have been fulfilled. Therefore neither Sexual Intimacy nor her visitations for days is permissible. We ask Allāh for guidance.
We ask Allāh to make easy Nikāh for both of them, āmīn.
Bārakallāhu fīkum
Jazākumullāhu Khayran.
Answered by Abu Aasim
15th Shawwal 1438A.H
📚 *IslamNode*
