What is the ruling on a woman refusing divorce, and a husband refusing to be intimate with his wife when she desires to conceive?
Firstly: If the husband desires to divorce his wife, her refusal does not prevent its occurrence. The general rule regarding divorce is that it is disliked (makrooh), but it is permitted when there is a need for it. If the wife senses her husband's desire for divorce, she can seek mediation through righteous people or reconcile with him by waiving some of her rights, such as maintenance or overnight stay, as Sumayyah bint Zam'ah (may Allah be pleased with her) did. This is what is stated in the verse: "And if a woman fears from her husband nushuz (ill-treatment or desertion) or desertion, there is no sin upon them if they make terms of settlement between themselves; and settlement is best" (Quran 4:128).
Secondly: Both spouses must preserve each other's chastity, and it is forbidden to refuse sexual intercourse with the intent to harm the other. The right to enjoyment is shared between the spouses, and a man must have intercourse with his wife in a reasonable manner, as it is one of her most obligatory rights. If a husband deserts his wife in bed for more than four months with the intention to harm her and without any fault on her part, he is treated like one who has taken an oath of abstinence (eela'). If he does not return to her or divorce her, the judge divorces her from him or the marriage is annulled at the wife's request. Similarly, the right to procreate is shared between the spouses.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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