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In the Name of God بسم الله

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Posted

Syed Sistani mentions how a husband can't refrain from having intimacy with his young wife for more than 4 months. I was wondering if there is a similar timeline for women where they can refrain from intimacy for x amount of days?

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Ruling 2436. A husband cannot refrain from having sexual intercourse with a young wife of his for more than four months unless sexual intercourse is harmful or excessively difficult (mashaqqah) for him, or the wife consents to it, or he had stipulated a condition in the marriage contract regarding this. There is no difference in this rule, based on obligatory precaution, whether the husband is in his home town or not. Therefore, based on obligatory precaution, it is not permitted for a husband to continue on a non-essential trip for more than four months without a legitimate excuse and without his wife’s permission. (link to ruling)

 

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“It is not permissible to neglect sexual relations with a young wife for more than four months, unless there is an excuse like unbearable difficulty or harm [in fulfillment of that duty] or unless she agrees to it [that is, forgoes her conjugal rights] or if it was part of their agreement at the time of marriage. (link to ruling)

 

Also, another question that I have is that what would be valid reasons for a wife to refuse intimacy from her husband without her refusal being counted as a sin? From what I understand (so far) is if a wife has any of the 3 reasons to refuse intimacy then she won't get any sins for refusing. But if a wife says that "she is simply not in the mood" then the wife will be committing a sinful act?

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Wife is not allowed to fulfilling her husbands sexual needs if she is not in her menstruation or post-natal or any other medical reason. Refusing intimacy with her husband is a sinful act.

 
  • 3 weeks later...
  • Advanced Member
Posted

This rule is open to interpretation. It is basically upto the woman herself to decide if it is unbearably difficult for her to have intimacy or not. 

As per the rule, if the woman believes that she has unbearably difficult for her to have intimacy, even at any time in marriage, then she can go on refusing intimacy and she will not be a sinner (if Allah Talla accepts her reasons for refusing intimacy). She has to be unbiased in this and must genuinely believe that intimacy is extremely difficult and distressing and unbearable for her. 

The reason for this is that Islamic rules do not wish to give any distress to anyone. If intimacy means extreme difficulty for a woman, then she has the right to refuse and decline. Apparently there is no time limit either - she can go on refusing, for as long as she genuinely believes that intimacy will be difficult for her. Theoretically, she can refuse for her entire life. The husband would have the option to divorce in this case. But if he doesn't wish to divorce, they can stay married and not have intimacy. 

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