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Offline zara

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Nullifying a marriage.
« on: August 31, 2015, 06:24:51 AM »
Assalamu alaikum,
According to verses of the Quran that discuss marriage and divorce,is there anything that says a marriage would be nullified if a couple mutually agrees to no longer have a physical relationship?

Offline Wakas

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Re: Nullifying a marriage.
« Reply #1 on: August 31, 2015, 11:33:32 AM »
No. If both mutually agree to something that is not forbidden by Quran then I don't see why Quran would object.

Offline Joseph Islam

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Re: Nullifying a marriage.
« Reply #2 on: August 31, 2015, 12:40:40 PM »
Dear sister Zara.

Wa alaikum assalam

I agree with brother Wakas in the main on this matter.

Albeit that the Quran expects consummation of marriage to complete the entirety of the wedlock [1] and uses sexual intimacy as an action which confirms reconciliation intent [2], there is no explicit / implicit stipulation by the Quran that 'sexual intimacy' must ensue during the marriage. 

There are many circumstances where this may not be possible apart from preference, which may include physical disability or illness. This arguably does not have the effect of annulling the marriage. However, the proviso behind your question is accepted as 'mutual agreement'.

I hope this helps, God willing.
Joseph


REFERENCES:

[1] "A 'Nikaah' is not complete until it is consummated (4:21) (afda ba'dukum ila ba'din - gone one of you to another). The solemn covenant (Meethaqan Galezaan) is but one part of the marriage bond." 
Source: http://quransmessage.com/forum/index.php?topic=1391.msg6421#msg6421
Even if divorce is initiated, there would be no 'iddat' (waiting period) if the marriage was not consummated (2:236)
[2] "Also resuming marital intimacy will automatically be deemed to revoke the divorce. This is strongly implied by the term 'fa-in fau' (then if they return) in verse 2:226 and 'biraddihinna' (to take them back) in verse 2:228. Therefore, a resumption of intimacy implies a form of reconciliation. Intimacy as a powerful bond between couples is also implied by verse 33:49 which reduces obligation if there is no intimacy involved"
Source: ISLAMIC DIVORCE,  http://quransmessage.com/articles/divorce%20FM3.htm
'During times of universal deceit, telling the truth becomes a revolutionary act' 
George Orwell

Offline zara

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Re: Nullifying a marriage.
« Reply #3 on: August 31, 2015, 02:27:07 PM »
Thank you brothers Wakas and Joseph for answering my question.I really appreciate it.

Offline Wakas

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Re: Nullifying a marriage.
« Reply #4 on: August 31, 2015, 10:56:49 PM »
I just thought of another angle from which to approach this and get the same answer. The examples in Quran of couples agreeing to certain things are always in the reciprocal word form, and as long as they are within Quranic limits it is accepted, e.g.

Quote
....all examples involving decisions between marriage partners are in the reciprocal Arabic word form, e.g. "taraadaa" [2:232-233, 4:24], "tashaawar" [2:233], which means they are mutual. If society is to be governed by mutual consultation [3:159, 39:18, 42:38, 58:11], then naturally this principle should apply to the most basic social unit, the family, and done with what is maruf (honourable, known/recognised as good, befitting, fairness, kindness), see 2:231, 4:19.

source