Khalwat-e-Saheehah

Question:-

What will constitute seclusion after a Nikah, and what doesn’t constitute seclusion?

Will going for a drive be considered as seclusion? If so, will the Walimah have to take place within three days of that, or can it be delayed until the couple actually spend time in privacy? Furthermore, it is understood that if the Walimah is at a later stage, and the couple speak on the phone before actually meeting, the Walimah will be correct?

It will be appreciated if Mufti Saheb can provide details regarding this.

Answer:- 

Consummation of the Nikah takes place through Khalwat-e-Saheehah (proper seclusion between the newly wed groom and bride). Khalwat-e-Saheehah will take place if there isn’t any natural or Shari’ee obstruction that prevent the couple from being intimate. A natural obstruction is either due to illness from the side of the husband or the wife, or the husband not being able to penetrate the wife due to the vaginal passage being blocked, or the fear of the illness increasing if intimacy occurs.

A Shari’ee obstruction (which prevents intimacy) refers to menstruation, or being in a state of Ihraam, fasting in the month Ramadaan, or performing Fardh Salaah etc.

If any of the natural or Shari’ee obstructions are found, then Khalwat-e-Saheehah will not take place.

T

The marriage must be consummated in such a venue that no person is able privy the couple. Hence, Khalwat-e-Saheehah in a Masjid, on a road, on an unveiled roof, or where others are present, even though it may be a blind person, understanding child or an insane person etc. is invalid.

Re:- Fiqhul Hanafi Wa Adillatuhu Pg.190/191 Vol.2       

Based on the above explanation, going for a drive, or speaking on the phone does not constitute Khalwat-e-Saheehah. The Walimah should only be held once the marriage is consummated in the correct manner.

ALLAH TA’ALA KNOWS BEST!

ANSWERED BY:

Mufti Mohammed Desai

Date: 30 Safar 1444 / 27 September 2022