Fatwa: # 15478
Category: Marriage
Country: South Africa
Date: 6th August 2007

Title

I want to know if there is such a thing as a conditional nikka where the boy & girl live apart but at their parents homes.

Question

" Please can you forward me with more info on the below nikka "With the conditional nikka it was explained to us the individual stay with their parent as they can decided to consummate the marriage at a later stage. The consummation finalises the nikka.

 The other option is that further along the line the two of  them can come to a mutual agreement and the man has the right to call the nikka null avoid and each one goes their way"."

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

The conditional Nikah as explained in the question has no validity in Shariah.  

Once Nikah takes place, the husband has a right of access to his wife. The Nikah is already finalized once it is performed. The Nikah is not suspended on the consummation. 

The second option is nothing new in Nikah. Shariah has given the husband the right to call off the Nikah when he wants to. However, this option as a consequence of the conditional Nikah and confirming the Nikah has no basis in Shariah.

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa

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