Inability To Fulfil Conjugal Rights Due To Illness

· 1 Safar 1448 AH2 min readEnglish

Question

An elderly man had a heart attack and due to the medication, he is unable to fulfil his wife’s desires. On account of this, the wife chooses to sleep in a completely separate room due to him not being able to fulfil her needs.

Q1) What is the ruling regarding their marriage and how should they navigate this situation?

Q2) Is it permissible for a woman to sleep separately from her husband due to the above-mentioned reason?

Q3) What would be the best way forward to encourage the wife?

Answer

A1) The wife has a right to request the husband to be intimate and fulfil her needs. Hence, when she requests him to be intimate, then it is necessary upon him to fulfil her need at least once. In the queried scenario, the husband has fulfilled her right. It is due to his sickness and ill health that he cannot have relations with his wife. She should be understanding and caring in this situation. When the husband recovers, their relationship and fulfilling of each other’s conjugal rights will normalize Insha’Allah.

A2) The husband holds a lofty position in Shariah, to the extent that the Hadith Shareef states, if one was commanded to make Sajdah to anyone then the wife would have been commanded to make Sajdah to her husband. Hence, she should request her right and leave the matter to him. At no stage should any form of disrespect be displayed in demanding her right of intimacy. As such, it is not correct for her to sleep in a separate room, particularly in this situation when the husband is not well and needs her support and assistance.

A3) You shoud request a senior Aapa from your area, or a senior Aalim from behind a veil, to explain to her that this is a test from Allah Ta’ala and, if she is patient, then she will be greatly rewarded in the court of Allah Ta’ala. Allah Ta’ala says in the Quraan Majeed:

“Only those who are patient shall receive their rewards in full without any measure.”

References (Arabic / Urdu sources)

وللزوج أن يطالبها بالوطء متى شاء إلا عند اعتراض أسباب مانعة من الوطء كالحيض والنفاس والظهار والإحرام وغير ذلك، وللزوجة أن تطالب زوجها بالوطء؛ لأن حله لها حقها كما أن حلها له حقه، وإذا طالبته يجب على الزوج، ويجبر عليه في الحكم مرة واحدة والزيادة على ذلك تجب فيما بينه، وبين الله تعالى من باب حسن المعاشرة واستدامة النكاح، فلا يجب عليه في الحكم عند بعض أصحابنا، وعند بعضهم يجب عليه في الحكم. (بدائع الصنائع 2/331)

لو أمرت أحدا أن يسجد لأحد لأمرت المرأة أن تسجد لزوجها من عظم حقه عليها ولا تجد امرأة حلاوة الإيمان حتى تؤدي حق زوجها (الدر المنثور 4/397 )

إِنَّمَا يُوَفَّى الصَّابِرُونَ أَجْرَهُم بِغَيْرِ حِسَابٍ

Answered by
Mufti Abdul Kader Fazlani
Checked & approved by
Mufti Yacoob Vally Saheb
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