Is My Marriage Still Valid If I Said I Will Not Touch You to My Wife?


Answered by Mawlana Ilyas Patel

Question

I was touching my wife, and it annoyed her. So I told her I would stop touching her, but I didn’t have any intention of divorce. Is my marriage still valid?

Answer

In the Name of Allah, the Most Merciful and Compassionate

I pray you are in good faith and health. Thank you for your question.

Your marriage is valid, and you don’t have to worry about anything. However, in the future, one should be careful to utter statements that can lead to harsher statements.

The above statement is a prohibition upon yourself to abstain from touching your wife. It does not have consequences. A statement of Ila’ has consequences.

Ila’ Has a Consequence, Not Prohibitions

It is in the case of Ila’ which is an oath to abstain from intercourse with one’s wife for a particular period of time, that has a consequence.

[Maydani, Lubab; Zayla`i, Tabyin al-Haqa’iq]

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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.