Fatwa ID: 02287
Answered by Ustaadha Bint Salih
If a man had illegal sexual intercourse with a woman one year before he got married, and then when he gets married to his wife a year later (not same woman with which he had sexual Intercourse) without doing ghusl, is his nikaah invalid?
This is because the man did not know about how ghusl should be done and only realised about correct way of ghusl after marriage.
Before marriage he was a bad Muslim and made mistakes and was far away from Islam therefore had no idea about how ghusl should be done. All he knew was if he has a wet dream has to take a shower.
So is his nikaah valid if he was not in state of ghusl at nikaah time because he had sex with another woman a year ago.
Obviously in between that year he did shower and take baths.
The conditions for a nikaah to be valid according to Shariah are that there should be offer and acceptance (from the couple or a proxy) in one session, which should take place in the presence of two adult male witnesses or one adult male and two adult female witnesses.
(Hidayah, Vol 2, P305-306).
Ghusl or being in the state of ritual purity is not a condition for the validity of nikaah.
The compulsory acts of Ghusl are:
- Rinsing the mouth
- Cleaning the nostrils
- Washing the entire body
(Al MukhtasarulQudoori, Chapter of Purification, Page 4).
When ghusl becomes fardh (such as after sexual intercourse), if the above three conditions are not met, the ghusl will not be valid, hence the acts of worship such as prayer will not be accepted.
Bearing this in mind, the person in question must do tawbah and seek forgiveness for his actions. He must also make up (do qadha) for all his prayers which would not have been accepted, had he prayed them in such state.
It is important to note, if one completes the obligations of ghusl, even separately (ie he washed his entire body on one occasion, then rinsed his mouth and nose later on), when he fulfils the conditions, the ghusl will be valid, and the salahs prayed thereafter can be hoped to get accepted.
I pray Allah accepts the repentance and keeps us all on guidance.
Only Allah knows best.
Ustaadha Bint Salih.
Checked and approved by Mufti Mohammed Tosir Miah