What is the ruling concerning a husband who has refused to have intercourse with his wife for three years without a valid excuse, despite her demanding it and her need for it, and his refusal to divorce her unless she forfeits all her rights, while she fears falling into sin?
The preponderant opinion is that it is not permissible for a husband to abandon conjugal relations with his wife for a long period without a valid excuse. If he does so, and the wife is harmed, she has the right to seek divorce due to harm. In this case, scholars differ: the majority do not see this as permissible for her, but she may request khulʿ (divorce at the wife's instance, with compensation). However, the Malikis hold that she may present the matter to the judge, who would immediately divorce them if he perceives harm inflicted by him; otherwise, he would give him a grace period, and if he does not return, he would divorce them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/132219
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 132219
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy