Is the Marriage Considered Consummated If Madhi Is Released Without Physical Contact?

Answered by Mawlana Ilyas Patel

Question

If madhi or mani is released from a spouse due to sexual thoughts without physical contact, is the marriage considered consummated? What are the implications for rulings on divorce (ba’in or raji‘) and ruju‘ if this occurs during ‘idda?

Answer

In the Name of Allah, the Most Merciful and Compassionate

Release of presexual fluid (madhi) or semen (mani) is not considered consummation of marriage unless they were in isolation.

Consummation of Marriage

In Islam, marriage is consummated when the couple spends some time after the marriage in seclusion or privacy. From an Islamic point of view, intercourse is not necessary for the consummation of marriage. This is the agreed position of the majority of jurists.

In other words, marriage is deemed consummated if they had physical intimacy or even if they were in privacy and isolation, meaning they were alone in a way that intercourse was possible and would have had the opportunity.

[Kasani, al-Bada’i‘ al-Sana’i‘]

The Ruling of a Revocable Divorce

When a man divorces his wife with a single revocable divorce or two revocable pronouncements of divorce, he may take her back during her waiting period (‘idda), whether the woman consents to that retraction or does not.

To revoke a divorce, one needs to say, ‘I take you back,’ or engage in any act that displays intimacy, such as a kiss or a hug. They become a married couple again.

[Maydani, al-Lubab Fi Sharh al-Kitab]

The Ruling of an Irrevocable Divorce

As for an irrevocable divorce (ba’in), intimacy is not permissible and will not revoke the divorce. One will have to mutually agree to a new marriage contract (nikah) and a fresh marriage dowry (mahr). This can take place during the waiting period (idda) or after.

[Ibn ‘Abidin, Radd al-Muhtar]

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• Marriage and Divorce Archives – SeekersGuidance
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I pray this helps with your question.

Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Abdul-Rahim Reasat

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.