Message No : 5Sr.No : 78/724
Question By : M.Z.CHIDA.

Dear Sir
Assalamu Alaikum,
I want a clarification.
Is it correct that as per Shariath if a husband deliberately does not have sex relationship with his wife for more then three months, the marriage is deemed to be dissolved?
If the answer is yes, what happens if the husband changes his mind after three months? Can he have a normal relationship or has he to marry the wife again without her having to marry another man?
Wassalam
M.Z.CHIDA.

 

Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti: ODI, MMERC, Mumbai 

In the name of Allah the most gracious the most merciful
Wa Alaikumussalam,
Dear Brother in Islam,
The answer of your question is as followed;
As per Shariath if a husband deliberately does not have sexual relationship with his wife for more then three months or even for whole life, the marriage will not be dissolved at all until and unless he divorces her or Qazi separates them by his verdicts. But it is very heinous sin in the sight of Shariath to deprive wife from her rights. Hazrath Jabir (Radiallahu Anhu) reports that the Prophet (Sallallah Alaihi Wasallam) issued the following instructions during his farewell Hajj at Arafaat,
O people! Fear Allah in regard to your wives. You have taken them in marriage under Allahs protection.
A wife needs her husband more than the husband needs her. Its also not allowed for husband to give up love making with his wife even if he does not want to because physical/ sexual fulfilment is the right of wife on her husband. And ignoring physical relationship may cause instability, mental disturbance, crime etc. Since, generally, women have more sexual desire then men. And one of the prime conditions for marriage is that both man and woman must be sexually fit before they go for marriage. Its narrated from Hazrat Abu Huraira (Razi Allahu Anhu) that the holy Prophet (Sallallahu Alaihi Wa Sallam) said that women have been given 99 % sexual desire more than men but Allah almighty bestowed modesty and reticent on them (that suppresses their sex desire).
Some Islamic scholars say that sex has ten parts and nine parts of the sex have been given to women and only one part to men. Without any prescribed reason not to have sexual relationship with wife is unlawful. If husband spends more then six months in abroad and wife demands him to come to the family (to her) but he does not come after having capacity then the Haakim, Islamic judge, should separate them if she wants so. (Ghunatuttalibeen V: 1P33)
Therefore, Islamic Jurists say that its not permissible for husband to go without physical relationship with his wife more than four months against her wishes and permission.
The above-described statement of the Jurists is supported by the verdict of Amirul Muminin Hazrat Umar (Razi Allahu Anhu) for married Mujahideen not to be out of family more than four months. (Shami V: 2 P: 432)
Allah knows the best.
Wass

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