I heard someone say, when a young man asked him what the rights of the one who has had made a marriage contract are, he replied: Allaah says (interpretation of the meaning):
“Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father’s sisters, your mother’s sisters, your brother’s daughters, your sister’s daughters, your foster mothers who gave you suck, your foster milk suckling sisters, your wives’ mothers, your stepdaughters under your guardianship, born of your wives to whom you have gone in — but there is no sin on you if you have not gone in them (to marry their daughters)” [al-Nisa’ 4:23]
Here Allaah differentiates between those to whom you have gone in (consummated the marriage) and those to whom you have not gone in. Is it permissible for the the one who has had made a marriage contract to have intercourse or touch (his wife)?
I read previously that it is permissible for the one who has had made a marriage contract to do everything because she is his wife, and if the wife gets pregnant before the wedding party, the child is legitimate and has the right to inherit. Is the evidence for this answer correct?.<\/p>","answer":"
Firstly: <\/p>\r\n
The speaker whom you mention is not correct with regard to the ruling or to the evidence quoted. The verse which he quoted as evidence is describing the women whom a man is forbidden to marry. Allaah states that it is haraam to marry mothers, daughters and paternal aunts. Among others whom Allaah says men are forbidden to marry are the daughters of a wife with whom one has consummated the marriage. If a man makes a marriage contract with a woman and she has a daughter, then he leaves her before consummating the marriage with her, then it is permissible for him to marry her daughter, but if he leaves the mother after consummating the marriage with her, then it is not permissible for him to marry her daughter, rather she is permanently forbidden to him. <\/p>\r\n
This is what the verse means. The verse has nothing to do with what is permitted for the husband to do with his wife with whom he has made a marriage contract. Rather the verse speaks of those women whom a man is forbidden to marry, and states that in order for a stepdaughter – the daughter of a wife – to become his mahram (one whom he is forbidden to marry), it is stipulated that he have consummated the marriage with her mother, and if he has not consummated the marriage with her mother, then it is permissible for him to marry her (the daughter). <\/p>\r\n
Any person who is asked about something that he does not know must say “I do not know.” It is not permissible for anyone to say about Islam something that is not true, or to say that something is haraam when Allaah has permitted it, or to say that something is halaal when Allaah has forbidden it. <\/p>\r\n
Allaah says (interpretation of the meaning): <\/p>\r\n
“And follow not (O man, i.e., say not, or do not, or witness not) that of which you have no knowledge. Verily, the hearing, and the sight, and the heart of each of those ones will be questioned (by Allaah)”<\/em><\/p>\r\n [al-Isra’ 17:36] <\/em><\/p>\r\n “Say (O Muhammad): (But) the things that my Lord has indeed forbidden are Al\u2011Fawaahish (great evil sins and every kind of unlawful sexual intercourse) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allaah for which He has given no authority, and saying things about Allaah of which you have no knowledge”<\/em><\/p>\r\n [al-A’raaf 7:33]<\/em> <\/p>\r\n Secondly:<\/p>\r\n With regard to the one who has made a marriage contract with his wife, it is permissible for him to do everything, as she is his wife and he is her husband. If she dies he will inherit from her and if he dies, she will inherit from him, and she is entitled to the mahr in full. But it is better for the one who has made a marriage contract not to consummate the marriage until the marriage has been announced, because consummating the marriage before it has been announced may lead to many evils. The wife may be a virgin and lose her virginity, or she may become pregnant from this intercourse, then she may get divorced or her husband may die, and this will cause anxiety to her family and will cause great embarrassment. Hence the one who has made a marriage contract may touch and kiss his wife, but he should refrain from intercourse, not because it is haraam, but because of the bad things that may result from it. <\/p>\r\n