Getting Married after Acontract and Before Annauncement in Recent Fatwas - Jurisprudoniatial and A Nalytical Study

Abstract

The study aimed to explore the scholarly debate on the ruling regarding consummation with the betrothed before public announcement (ishar) in the contemporary fatwas, presenting an analytical jurisprudential study. It leans towards the ruling prohibiting consummation before ishar, providing evidence for this prohibition from the perspective of contemporary objectives and the consequences of such actions. Early jurists established rulings concerning lawful seclusion, but today the matter has a social dimension governed by custom and controlled by the principle of blocking means (sadd al-dharai’), while also taking into account the higher objectives (maqasid) of Islamic law. The study relied on the descriptive-analytical method, supplemented by the inductive approach, to discuss a range of fatwas that either permit or prohibit consummation after the contract but before ishar, along with their evidences. Based on this, the study reached several conclusions, the most important of which is that the preponderant opinion is to prohibit consummation before ishar, considering custom and blocking means due to the numerous risks and serious possibilities such as denial of consummation, pregnancy, which could lead to murder, abortion, divorce, and conflict between in-laws. Furthermore, this act is subject to the rulings of lawful consummation regarding dowry, waiting period (iddah), maintenance, lineage, and inheritance. The study recommended the necessity of educating and guiding couples on the prohibitions during the period before the wedding, such as lawful seclusion and intercourse or its preludes, and the resulting legal and religious implications. Thus, the study contributed originally to preserving social bonds and their cohesion, preventing their weakening and disintegration, and protecting the social fabric. Additionally, the research offers a unique contribution to the field, filling a gap in both electronic and printed jurisprudential literature.