THE DAILY ISLAMIC REMINDERS. Yaum As-Sabt, 17th day of Dhul Qaādah (Saturday 20th July, 2019). DISTANCE MARRIAGES IN ISLAM. BismilLah.
This topic is very broad in Shariah and I cannot do much justice to it as such will summarise to remind each other be-iznilLah. In Islam, the conditions of marriage are that the two partners should be identified and give their consent, and there should be a wali (guardian) and two witnesses. If these conditions are met and the marriage is announced, then this marriage is valid regardless of the distance but on condition.
The purpose of marriage is repose (a state of rest, sleep, or tranquillity or be situated or kept in a particular place) as Allaah says (to the nearest meaning): “And among HIS Signs is this, that HE created for you wives from among yourselves, that you may find repose in them, and HE has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect” [al-Room 30:21]. So ideally, married couples should be together to enjoy their marriage but does that mean the marriage is invalid when they are far from each other especially if both consent to that.
There are certain duties (nafaqa or sexual duties both parties have) which need to be addressed. These are not relative. Either they are addressed or not. If not addressed then someone is committing a sin. However the quality of marriage can be agreed on. As in a spouses could agree to see each other infrequently, ie they could say I don't want to be committed more than such. For such a couple seeing each other isn't practical.
For another couple their agreement is to be in the same house indefinitely.
Having that said Islam's default way of marriage is that husband and wife are to be together. And that's how a family becomes more effective.
A marriage is still valid if sexual intercourse is not taking place, as per the comfort and agreement of the couple.
In Islam, consummation of marriage occurs when the couple spend some time after the marriage in seclusion. Intercourse is not necessary for consummation of marriage. (See Fiqh al Islāmīy wa Adillatuhū).
If both partners have agreed to not engaging in sexual intercourse, then there is no issue. The marriage is intact. If however, either the husband or the wife is demanding sexual intimacy, and the spouse is not making themself available for this, then they have a right to initiate a divorce.
Each partner has the right to enjoy sexual intimacy. It is wājib (necessary) upon the partner to fulfill this right whenever the partner desires, especially if there is no genuine excuse (such as absence due to travel or intense sickness). One has the right to separate if sexual intercourse does not take place at least once in four to six months”. (See Fiqh Al Ḥalāl Wal Ḥarām by Sh. Khalid Saifullah Al Rahmani). Let me add that modern way of seeing each other through video calling etc is considered part of sexual satisfaction which without marriage is a major sin so basically it's up to both couple to agree to disagree that matters as Sharia does not enforce consummation of the marriage to make it valid. As soon as both goes private to each other even if through video calling in which both agrees to live such way then the marriage is valid. ALLAH knows best. You can read further in the fatwa below.
https://islamqa.info/en/answers/102311/if-his-wife-does-not-agree-to-him-being-away-for-more-than-six-months
May ALLAH keep guiding us all and increase us in beneficial knowledge. Aameen.
This topic is very broad in Shariah and I cannot do much justice to it as such will summarise to remind each other be-iznilLah. In Islam, the conditions of marriage are that the two partners should be identified and give their consent, and there should be a wali (guardian) and two witnesses. If these conditions are met and the marriage is announced, then this marriage is valid regardless of the distance but on condition.
The purpose of marriage is repose (a state of rest, sleep, or tranquillity or be situated or kept in a particular place) as Allaah says (to the nearest meaning): “And among HIS Signs is this, that HE created for you wives from among yourselves, that you may find repose in them, and HE has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect” [al-Room 30:21]. So ideally, married couples should be together to enjoy their marriage but does that mean the marriage is invalid when they are far from each other especially if both consent to that.
There are certain duties (nafaqa or sexual duties both parties have) which need to be addressed. These are not relative. Either they are addressed or not. If not addressed then someone is committing a sin. However the quality of marriage can be agreed on. As in a spouses could agree to see each other infrequently, ie they could say I don't want to be committed more than such. For such a couple seeing each other isn't practical.
For another couple their agreement is to be in the same house indefinitely.
Having that said Islam's default way of marriage is that husband and wife are to be together. And that's how a family becomes more effective.
A marriage is still valid if sexual intercourse is not taking place, as per the comfort and agreement of the couple.
In Islam, consummation of marriage occurs when the couple spend some time after the marriage in seclusion. Intercourse is not necessary for consummation of marriage. (See Fiqh al Islāmīy wa Adillatuhū).
If both partners have agreed to not engaging in sexual intercourse, then there is no issue. The marriage is intact. If however, either the husband or the wife is demanding sexual intimacy, and the spouse is not making themself available for this, then they have a right to initiate a divorce.
Each partner has the right to enjoy sexual intimacy. It is wājib (necessary) upon the partner to fulfill this right whenever the partner desires, especially if there is no genuine excuse (such as absence due to travel or intense sickness). One has the right to separate if sexual intercourse does not take place at least once in four to six months”. (See Fiqh Al Ḥalāl Wal Ḥarām by Sh. Khalid Saifullah Al Rahmani). Let me add that modern way of seeing each other through video calling etc is considered part of sexual satisfaction which without marriage is a major sin so basically it's up to both couple to agree to disagree that matters as Sharia does not enforce consummation of the marriage to make it valid. As soon as both goes private to each other even if through video calling in which both agrees to live such way then the marriage is valid. ALLAH knows best. You can read further in the fatwa below.
https://islamqa.info/en/answers/102311/if-his-wife-does-not-agree-to-him-being-away-for-more-than-six-months
May ALLAH keep guiding us all and increase us in beneficial knowledge. Aameen.
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