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The question

What is the ruling of Islamic law regarding a wife's refusal of conjugal relations, and what are the implications of a husband swearing he will never touch her again?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Your oath by divorce not to touch your wife again is a matter of scholarly disagreement. The majority of jurists hold that divorce occurs if you touch her. However, others are of the view that the ruling depends on the husband's intention; if he intended prohibition or threat and not divorce, then he must offer expiation for a broken oath if he breaks it, and no divorce occurs. They cite as evidence the Almighty's saying: ﴿O Prophet! Why do you forbid what Allah has made lawful for you, seeking to please your wives? And Allah is Forgiving, Merciful. Allah has already ordained for you the dissolution of your oaths﴾ and the Prophet, peace and blessings be upon him, said: "Indeed, actions are by intentions, and indeed every person will have what he intended." The expiation for an oath is to feed ten needy persons or clothe them, or to fast three days for those who cannot find the means. However, if you intended divorce, then a revocable divorce occurs upon touching her, and you may take her back as long as she is within her waiting period (').

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Ftawy
Original fatwa ID
7726
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