The Ruling on Either of the Two Spouses Denying the Other Their Lawful Rights

The Ruling on Either of the Two Spouses Denying the Other Their Lawful Rights


Question :

Is it permissible for either of the two spouses to deny the natural rights of the other for a long period of time, without any legally acceptable excuse?


Answer:

There is no doubt that sexual relations between a husband and wife are among their needs, and that the appetite for sexual intercourse varies greatly, according to the intensity or weakness of a man or woman's desire. But in most cases, the man has a stronger desire, and since it is he who desires sex more, women frequently complain about their husbands and what they suffer because of frequent sexual intercourse, which harms them.

The scholars of Islamic Jurisprudence may Allah have mercy on them have determined that it is an obligation upon the woman to allow her husband to have sexual intercourse with her whenever he desires it, as long as it is not harmful to her, nor distracting her from some religious obligation.

As for abandoning it for a long period of time, it is not permissible, for a woman has rights to have her intimate needs fulfilled, and the most that a woman must be patient is for four months, which is why they said that it is an obligation upon the man to have sexual intercourse with his wife (at least) once in each third of the year, if he is able to do so.

So all should act according to this, according to their desire. And if the desire comes from the woman's side, the man should agree, according to his ability, or refuse if it entails hardship.

And it is upon the woman to agree, according to their usual custom, on condition that it does not harm her. And Allah is the Granter of success.


Source:
Ibn Jibreen.
Fatawa Islamiyah, Vol. 5 Page 391

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