I have been informed by a friend that oral sex results in the annulment of the nikah. Is this true? To the best of my knowledge, it is a grey area
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa
Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
I have
been informed by a friend that oral sex results in the annulment of the nikah.
Is this true? To the best of my knowledge, it is a grey area
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errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
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Answer:
Oral sex invalidates nikaah
In the name of Allah, We praise Him, seek His help and ask
for His forgiveness. Whoever Allah guides none can misguide, and whoever
He allows to fall astray, none can guide them aright. We bear witness that
there is no one (no idol, no person, no
grave, no prophet, no imam, no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 223:
222 They ask thee concerning women's courses. Say: ‘They are a hurt and a pollution; so
keep away from women in their courses and do not approach them until they are
clean. But when they have purified
themselves ye may approach them in any manner time or place ordained for
you by Allah. For Allah loves
those who turn to Him constantly and He loves those who keep themselves pure
and clean.
223 Your wives are as a tilth unto you; so approach your tilth when or
how ye will.
Allah Subhanah has permitted the
husband and wife bonded in the sacred bond of marriage to enjoy conjugal
relations any which way they please, except:
Some scholars have also voiced
their opinion against touching either of the partner’s sex organs with the
mouth or oral sex. But because nothing
is specifically mentioned in the Quran and Sunnah prohibiting oral-sex, the scholars have not specified it as
‘haraam’ or forbidden… The most they have said is that one should fear Allah
and stay away from this act as it is considered impure, unclean, unhealthy and
absolutely unnatural.
Your
Question: I have been informed by a friend that oral sex results in the
annulment of the nikah. Is this true?
Even if the married couple were involved in what is
clearly forbidden regarding their conjugal relations like having sexual
intercourse while the wife is in the state of menses, or anal or oral sex….as
grave and as abomination a crime it may be in the Sight of Shariah Law and
Allah Subhanah, the act by itself does not invalidate their ‘nikaah’. The couple who have done any of the forbidden
acts should fear Allah, turn back to their Lord in sincere repentance, and make
a solemn covenant with their Lord that they will never ever indulge in what is
forbidden again; it is expected that they will find their Lord Forgiving and
Merciful.
The only acts that ‘annul’ or invalidate the ‘nikaah’ in
Islam is if any of the obligatory conditions of a ‘nikaah’ contract were not
fulfilled and honored like proposal and acceptance by the two eligible parties,
determination of mehr, availability of two witnesses to the marriage contract
and the consent of the ‘wali’ or guardian of the bride.
Whatever written of Truth and benefit is only due to
Allah’s Assistance and Guidance, and whatever of error is of me alone. Allah Alone Knows Best and He is the Only
Source of Strength.
Your brother and
well wisher in Islam,
Burhan