What is the religious law for the w...

Egypt's Dar Al-Ifta

What is the religious law for the wife who is angry with her husband and refuses to sleep with him yet he forces her to do it?


What is the religious law for the wife who is angry with her husband and refuses to sleep with him yet he forces her to do it?


Marital rape

Islam's stance on marital rape

Muslim scholars maintain that marital rape is represented in the husband's request to have anal sex with his wife or intercourse during her menses or the fasting hours of Ramadan. Allâh Almighty prohibited all this and gave a wife the right to deny herself to her husband in any of the above cases. Allâh Almighty says,

”They ask you concerning women's menses. Say: They are a hurt and a pollution: So keep away from women in their menses, and do not approach them until they are clean. But when they have purified themselves, you may approach them as ordained for you by Allâh for Allâh loves those who turn to Him constantly and He loves those who keep themselves pure and clean”
[Qur'an 2: 222]

A woman is entitled to deny herself to her husband in the following cases:

- If he is violent with her, in which case, he is blameworthy and she is entitled to ask the judge to administer disciplinary punishment [Ta'zeer] upon him.

If he suffers from an infectious disease.

If he uses violence that causes her physical harm during sex

Conjugal rights in Islam

Islam prescribed that spouses must engage in intimate relations with love and tenderness since Allâh made this a sign for one's piety. He says,

“Your wives are as a tilth for you so approach your tilth when or how you will; but do some good act for your souls beforehand; and fear Allâh, and know that you are to meet Him (in the Hereafter), and give (these) good tidings to those who believe”
[Qur'an 2:223]

The Prophet (peace and blessings be upon him and his family) explained the words of Allâh "do some good act for your souls beforehand" and said, "There are three acts of mistreatment." He [the Prophet] mentioned one of them and said, "A man should not have intercourse with his wife without sending a messenger i.e. foreplay and kisses. None of you should fall upon his wife like an animal" [Reported by al-Dailami in Musnad al-Firdaws through Anasibn Malik (may Allah be pleased with him..

Though it is a weak hadith, it is put into practice because it is related to good deeds.

The Shari'ah commands a wife who dislikes her husband and conjugal relations with him to be patient to protect the family and preserve rights. Allâh Almighty says,

"It may be that you dislike a thing and Allâh brings about through it a great deal of good”
[Qur'an 4: 19]

If a woman insists on her stance, she may ask for a divorce to prevent disputes which may lead to harm; this is considered undertaking the lesser harm and preventing a greater evil..

It is worthy to mention that because conjugal relations are extremely private and variant, not every sexual act without the wife's will is considered marital rape or violence against her. This is because sexual relations involve matters that are not divulged and which vary from one couple to another. They do not involve open matters which can be judged through evidence..


The spouses must resolve this problem through love, mutual understanding and frankness. Each of the spouses must respect the desire of one another, because the marital relationship is based on love and mercy.

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