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A wife allowing her husband to have sexual intercourse with her when she is not observing fast for an excuse

Question

Is it permissible for a woman to refuse to have sexual intercourse with her husband during daytime in Ramadan while he is not fasting for no valid excuse? Does the Hadeeth: “There is no obedience to any created being if it involves disobedience towards The Creator.” apply to her?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that none is worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and messenger.

It is not permissible for a wife to allow her husband, who is not fasting without a valid excuse, to have sex with her during daytime in Ramadan, even if she is not fasting for an excuse such as breastfeeding, sickness and so on. That is because having sexual intercourse with her during daytime in Ramadan is a form of disobedience. Moreover, the fact that he is not fasting without a valid excuse does not allow him to have sex with her. Rather, it is obligatory upon him to stop doing all that which goes against fasting.

If the wife allows him to have sex with her, then this would be a form of cooperating in sin and aggression, although Allah, The Almighty, says (what means): {…but do not cooperate in sin and aggression. And fear Allah; indeed, Allah is severe in penalty.} [Quran 5: 2]

The Prophet, sallallaahu ‘alayhi wa sallam, also said: “There is no obedience to any created being if it involves disobedience to The Creator.” [Al-Bukhari and Muslim]

Allah Knows best.

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