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The question

Is swearing an oath of divorce after the wife's refusal to marital intimacy, which resulted in her abandonment, considered an injustice to her?

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

A wife is not permitted to refuse her husband's bed unless there is a legitimate شرعي excuse, due to the severe warnings mentioned regarding this matter. A wife's fear of pregnancy is not an excuse that permits her to refuse. If the husband says to his wife, "If I have intercourse with you, you are divorced," this is considered an "ila'" (oath of abstinence) by many scholars. In this situation, the wife has the right to refer her case to a judge after four months have passed, so that the judge may order the husband to either have intercourse or divorce her. If the husband has intercourse with her, the divorce takes effect upon the mere insertion of the glans (hashafah), and he may intend to revoke the divorce (raj'ah) during the remainder of the intercourse, which is preferable to avoid sin. Deserting a wife for ten months is an injustice to her and a neglect of her rights. The preponderant opinion is that intercourse with her is obligatory to the extent of her need and the husband's ability.

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Ftawy
Original fatwa ID
118676
Imported
Translation status
Source text, unreviewed
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