Consummation Of Nikah Before Rukhsati
Question : Can a man have sexual relationship with his wife without paying mahr? What is mahr-i muajjal and ghayr muajjal? I have recently entered into nikaḥ with a girl but she has not moved with me: rukhsati has not yet been done. I want to talk to her freely and discuss with her every matter of life but I am not sure I should do so because I have not paid her mahr completely. About one fourth has been paid as jewellery on the day nikaḥ was contracted and the rest is payable. And can I talk to her freely? Can I have sexual relationship with her? Answer : It is not obligatory to pay the agreed amount of mahr before consummation of marriage. Mahr can be paid at the time of nikaḥ. The amount paid at the time of nikaḥ is termed ghayr muajjal while the part left over to be paid within a determined time period is termed muajjal. Nikaḥ renders both of you legally husband and wife. This entails two things. First, you both have legal right to live together and can establish marital relationship. Second, you both have some responsibilities towards each another. The responsibilities on the part of the husband include the protection and complete financial support to the wife. It also includes his being responsible of the offspring both will have. The marital relationship in the present situation cannot be objected to on the legal grounds. But social norms would not accept this. If the society comes to know this kind of relationship between you both prior to the time your wife moves with you and you openly start living as a husband and wife, they would not welcome it. It will cause a huge fall in your and your wife’s repute. Please note that it is in fact recognition by the society which makes your relationship acceptable. And it is only the society that makes sure that any of the party does not neglect the duties entailed by the union. If a couple has sexual relationship prior to rukhsati and the woman gets pregnant, it would harm her repute. I would suggest you should not think of consummating your marriage. However, there is no restriction on your meeting with her as any two believing Muslim and Muslimah can. You should try to bring your wife over as soon as possible. You both can talk your elders into doing that very soon. (Tariq Haashmi)