Monday, May 27, 2024

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VALID RETIREMENT

Write a short note on Valid Retirement [Khilwat- us- Sahiha].

In every religion, marriage arises certain matrimonial obligations and it is duty of parties to the marriage to perform their matrimonial obligations. It is duty of husband to provide financial support to his wife i.e. to provide maintenance to his wife for her survival. On the other hand, it is duty of the wife to allow her husband to have sexual intercourse with her.
To have sexual intercourse is not only the main aspect of marriage but it is one of the main aspects of marriage. Moreover, it is also a basic right of a married couple. But sometimes, because of certain reasons, parties to marriage are unable to have actual sexual intercourse but due to certain circumstances, it can be presumed that in such circumstances, they may have sexual intercourse. This presumption in Muslim law is known as a Valid Retirement.

In Muslim Law, in certain circumstances, valid retirement has the same legal effect as actual consummation. Basically, it means when husband and wife are alone together under circumstances which present no legal, moral on physical impediment to marital intercourse they are said to be in valid retirement.

For raising the presumption of valid retirement, four conditions must be fulfilled:-
โ€ข There must be actual and total privacy.
โ€ข There must not be any physical impediment.
โ€ข There must not be any moral impediment.
โ€ข There must not be any legal impediment.

If all these conditions are fulfilled, then only the presumption of sexual intercourse can be raised.
But this concept is prevalent only in a Sunni sect. Shia law does not recognise the concept of valid retirement. In Sunni sect, it has same legal effect as actual conservation as regards the Dower, establishment of paternity, observance of iddat, wifeโ€™s maintenance during iddat and separate residence.

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