Does the marriage remain valid if the husband refuses to cohabit with his wife for two years, especially if he has no desire to learn or study the Quran?
A man is not permitted to abandon his wife in bed for such a long period. He must fulfill her sexual needs and have intercourse with her according to her needs and his ability, as this is one of the most emphasized rights of a wife. If the abandonment is intended to cause harm, he is sinful. Some scholars hold that he is to be treated like one who has sworn an 'ila' (an oath to abstain from sexual relations with his wife), being given a four-month period, after which, if he persists, the judge compels him to divorce. Others believe that he should not be given a period, but rather ordered to either cohabit amicably or separate immediately. However, if the abandonment is for her discipline and reform due to her defiance (nushooz), he is permitted to do so, provided it does not exceed three days in speech, and he should abandon her in bed in a way that achieves discipline. If the abandonment extends beyond four months with intent to harm, he is treated like one who has sworn an 'ila' and is ordered to divorce, otherwise, the judge divorces her from him.
Abandoning a wife for two years is a very long period that serves no legitimate Islamic interest; rather, it may open the door to corruption. The marriage remains valid between them as long as the wife does not demand her right and the husband insists on denying it.
Secondly: Memorizing the Quran is a great deed. If the husband does not accept advice, the wife should refer to relevant authorities, such as Islamic centers, to undertake advising him. If he refuses, she should order him to cohabit or divorce, otherwise, the center will divorce his wife from him.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/6835
- Source platform
- Ftawy
- Original fatwa ID
- 6835
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy