Does disliking one another and not having any conjugal relations for years cancel out a marriage?

Question: 2007

My friend and his wife are living horrible
life.
They do not like each other.
They do not have intercourse since last six years.
Wife does not allow his husband to have intercoure.
Do they have a relation of husband and wife?
Do they continue their life?
What do you suggest for them?

Answer

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

We put this question to our shaykh, Shaykh ‘Abd al-Rahmaan al-Barraak, who responded as follows:

Yes, the relationship between them is that of husband and wife. So long as he does not divorce her, she is his wife. The marital contract is not cancelled by a lack of love between the spouses or by whatever disputes and differences there may be between them. It can only be cancelled if her husband divorces her or the marriage is annulled. Both partners should fear Allaah, and the husband should treat his wife decently. If he dislikes her, he should either keep her and treat her decently, or let her go in a proper manner. The wife should fear Allaah, give her husband his rights, put up with his bad treatment and obey him in things that are good and proper. And Allaah knows best.

With regard to the ruling on the case of a wife refusing her husband’s call to his bed, see Question # 2006.

Source:

Sheikh Muhammed Salih Al-Munajjid

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