Her Husband Is Unable to Have Intercourse with Her
Fatwa No: 378520

Question

Assalamualaykum..I have been married to a cousin of mine on April 8 2018. Till date he is not able to have a physical relationship with me ( I don't know the reason if it is a health issue or not as he never speaks on topic even though I have tried speaking he has always avoided it). After a month I have come back to my parents home. He is very careless not even a call from him. Is this nikah valid. What should I do. Please helpJazakallah khair

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

If the conditions for a valid marriage contract are met, the most important of which are the presence and consent of the guardian and the presence of witnesses, then it is a valid marriage. The fact that he did not have sexual intercourse with you does not affect the validity of the marriage.

The wife has the right upon her husband to have sexual intercourse with her, and he is obliged to have sexual intercourse with her.

Ibn Taymiyyah  may  Allaah  have  mercy  upon  him said: "The husband must have sexual intercourse with his wife according to reasonable terms. This is one of the most confirmed of her rights upon him, which is even greater than feeding her." [End of quote]

If your husband is unable to have sexual intercourse with you, then it may be due to a psychological reason, or to another unusual reason, such as magic and the like. Hence, you should supplicate Allah as much as possible to cure him, and advise him to seek a means of treatment, and to perform Ruqyah on himself, as he may be cured and the problem will be solved.

If you are afraid that he is impotent, even though he may desire to have sexual intercourse but he is unable to do so, then you may take the case to an Islamic court, or to any authority that may serve in its place in the country you live, such as the competent authorities (or institutions) specialized in looking into the cases of the Muslims.

The view of the majority of scholars is that he should be given a period of one entire year for treatment. Ibn Qudaamah  may  Allaah  have  mercy  upon  him said:

"If a woman claims that her husband is impotent and he is unable to have sexual intercourse with her, then he is given a period of one year from the time the case is taken to the court. If he is still unable to have sexual intercourse with her during this period (of one year), then she is given the choice either to stay with him or to separate from him. If she chooses to separate from him, then this is an invalidation of the marriage without divorce." [End of quote]

In any case, he must fulfill your rights, among which is to spend on you unless you are a rebellious wife by leaving the marital home without his permission, for example. Rebellion and disobedience of the wife exempts the husband from the obligation of spending on her. Nonetheless, it is not among good marital relations for your husband to neglect you and not ask about you.

You should communicate and reach a mutual understanding for your interest.

Allah knows best.

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