Q. After my friend’s Nikah took place in the Masjid, he met in private with his wife to consummate the marriage. However, my friend was fasting and the girl was in the state of menstruation. Is the marriage consummated in that state?
A. In order for a Nikah to be correctly consummated (Khalwah Saheehah), there must exist no Shari’ and physical limitations for the spouses to engage in conjugal relations.
Therefore, if after the Nikah was performed, husband and wife met in private and the husband was keeping the fast of Ramaadaan (Shari’ limitation), the marriage with his wife will not be consummated. However, if the husband was keeping an optional/Nafl fast, the marriage with his wife will be consummated.
On the other hand, if the wife was in the state of menstruation (Shari’ & Physical limitation), the marriage with her husband will not be consummated.
N.B. It is not necessary for husband and wife to engage in conjugal relations to consummate the marriage. There mere possibility of it taking place in private without any Shari’ or physical limitations is sufficient for the marriage to be consummated. (Hidaayah 1/200)
Allah Ta’ala Knows Best
Mufti Ismaeel Bassa