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Lack of Sex in Marriage Does Not Nullify It

Question

If husband and wife have not had sex between themselves for a long time is the marriage considered broken/nullified? Kindly advise.

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 a wife and a husband do not enjoy each other for a period, their marriage does not become null. In fact, enjoying each other is their respective right, so if they agree to give up their right, it does not have any effect on the validity of the marriage itself.

On the other hand, if the husband desires to enjoy his wife but she refuses without a sound reason, like being in menses and the like, then she is considered disobedient and her husband has the right to discipline her. If it is the husband who refuses, then his wife has the right to ask him for divorce in an Islamic court.

However, if the husband takes an oath not to have sex with his wife, he is to be excused for four months. After such period, he would be ordered to have sex with his wife or to divorce her. Allah Says (what means): {Those who take an oath not to have sexual relation with their wives must wait four months, then if they return (change their idea in this period), verily, Allah is Oft-Forgiving, Most Merciful. And if they decide upon divorce, then Allah is All-Hearer, All-Knower.} [Quran 2:226-227]

Moreover, if a husband is impotent and cannot have sex with his wife, then the latter can ask for divorce if she wants to, even in return for compensation – like renouncing her dowry – but as mentioned above, it must be in an Islamic court. But if the wife is barren, then her husband has the choice to divorce her or to keep her.

Finally, if a husband and a wife do not have sex for a long time, then this would not be a reason by itself to cancel the marriage.

Both of them have the right of enjoying each other. Also, they both have the right to renounce it or ask for it in light of the details mentioned above.

Allah knows best.

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