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40,13217/07/1999

Complaint from a wife about her husband’s treatment in bed

Question: 3758

My question is very embarrassing but
there is nobody I can ask about this.
My husband is good and pious, and
I have no reason not to trust him, but he is not giving me my rights in bed. Is it
permissible for me to ask him for a divorce, or will I be one of those who will not smell
the fragrance of Paradise?

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

If a husband is fulfilling his Islamic duties towards his wife, it is
not permissible for her to ask him for a divorce, because the Prophet
(peace and
blessings of Allaah be upon him) said: “If any woman asks her husband for a divorce
for no compelling reason, she will be deprived of the fragrance of Paradise.”

(Reported
by Imaam Ahmad, 21874, and Ibn Maajah, 2055). The meaning of the phrase
“for no compelling reason” is anything that gives her a strong motive for
seeking divorce. (Sharh Ibn Maajah ‘ala al-Sanadi).

As for intercourse in bed, if the wife’s demands
are greater than what is normal, it is not permissible for her to seek a divorce (the word
“normal” refers to what is usual, such as once a week or once every ten days and
so on, and people vary in their capacity in this regard). For more information, please see
Question # 1078.

If the husband has some defect or sickness that prevents him from
having intercourse (i.e., he is impotent), then it is permissible for his wife to ask for
a divorce. And Allaah knows best.

Source

Sheikh Muhammed Salih Al-Munajjid

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