Have any of the people of knowledge stipulated that the wife's non-refusal to engage in sexual intercourse with her husband in seclusion is a condition for it to be considered a consummation, even if they both agree that intercourse did not take place?
More than one scholar has stipulated that the wife’s not refusing her husband’s intercourse is a condition for the rulings of valid seclusion to take effect. This is because she has surrendered herself as is obligatorily required of her, thus solidifying her mahr. If the wife is too young to be intercoursed, or if the husband is too young or blind and unaware of his entry to her, her mahr is not fully due because empowerment (for intercourse) has not occurred. Similarly, if the wife becomes disobedient (nashazat) and prevents her husband from intercoursing her, her mahr is not fully due because of that. Valid seclusion is the empowerment for intercourse to the utmost of the wife’s ability.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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