Originally posted by: arfanazneen
As far as I know, about non consummated marriage, everyone should be sure that they didn't consummate. If they spent time alone together where it was possible for them to consummate, then woman should observe iddat, doesn't matter if they consummated or not.. Atleast majority of schools believe this
Consummation/sex - the very private act between husband and wife is what sets the rules. It’s something just husband and wife are sure of. People might try to observe a fake iddat to save face in society if consummation doesn’t happen but the law is pretty straightforward. If you have not even consummated the marriage, Islam doesn’t allow for that extra time period to reconcile / pregnancy reveal. Because without consummation it wasn’t technically a complete marriage to begin with. A lot of scholars even consider the Nikkah to be invalid if this right is denied by either the husband or the wife to each other indefinitely. In Zaid/MJs case this was denied indefinitely.
There was a whole debate during Tere Bin too, that Meerab’s contract for a non physical relationship technically makes their Nikkah void as well. Especially if her demand was they’ll “never” do it. But since it’s a drama, who cares lol. Many people let it go because they thought she just asked for time in the contract to accept their marriage and that it wasn’t indefinite. So a temporary acceptance period is fine. But saying you’ll NEVER do it? Nah, that Nikkah doesn’t stay valid.
But yeah. Sex is a defining factor for a marriage completion in Islamic marriage and hence it also sets different rules for khulla / divorce. Which is why Zaid’s character trait is basically the injustice he did to MJ while agreeing to his marriage with full consent. And yet he denied her this basic right. She is right when she says “I have a right to your love” - because she does. As his wife he’s supposed to take care of her “needs” - but he constantly denies her. Even if he can’t love her, he had to consummate his marriage with her which he never did. Sex and love can be different things after all, but he denied her both.
From a religious standpoint, he was completely in the wrong here. And even till the end he never apologised to her. I guess since he was indebted to her for his marriage to Ayra, he accepted MJ’s request to not divorce her, but maybe he kept waiting for her to just give up and walk away herself. Ultimately, that’s what she did end up doing. She gave up and left herself.
Edited by tgota92 - 8 months ago
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