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Fatwa CenterRuling of consummating marriage after the call for Friday prayer
Question
If the marriage contract was concluded during the sermon of the Friday prayer, then the contract will be invalid. However, if someone consummates marriage with his wife during the sermon, will this be considered fornication?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
What you have mentioned regarding the invalidity of concluding the contract of marriage after the call for Friday prayer and during the sermon is incorrect. The Hanafi, Shaafi’i, Maaliki, and Hanabli scholars have agreed on the validity of a contract of marriage after the call and during the sermon. However, they have differed regarding it being permissible, unlawful or disliked.
Whoever consummates marriage with his wife after the call for Friday prayer will be sinful for he did not respond to the call for prayer. This can absolutely not be considered fornication. The questioner may be confused by mixing the matter of business transactions with that of marriage. Business transactions are prohibited from the beginning of the second call and, according to the preponderant opinion of scholars, will not be valid if concluded. This can be proven by the Saying of Allaah The Almighty (what means): {O you who have believed, when [the adhan] is called for the prayer on the day of Jumu‘ah [Friday], then proceed to the remembrance of Allaah and leave trade.}[Quran 62: 9]
The verse implies the prohibition of business transactions and thus it entails invalidation.
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