
Non-consensual sex in marriage
In marriage, both partners have the right to intercourse. But what happens when the wife refuses to have intimacy, while the husband forces her?
Is it permissible in Islam for a wife to be forced into intercourse with her husband, regardless of whether she has a valid reason to refuse?
This topic is a controversial one, but Islam is transparent in every matter. Nothing is hidden, nor should it be.
Islam is clear on the impermissibility of non-consensual sex outside marriage, but what does it say in the case of marriage?
Intercourse should be enjoyed by both partners, and no one should be forced into it. So the fundamental principle is that the husband does not have the right to force himself upon his wife.
The marriage should be based on mercy and kindness, not on ruthlessness and cruelty. For this reason and among others, non-consensual sex in marriage is prohibited.
- It dishonors the wife, harms her emotionally, and devistates her honor.
- The scholars never allowed it, rather, they only spoke about pushing the wife to fulfill the husband's sexual need through disciplinary measures.
- Allah never allowed the husband to force himself upon his wife as a means to get his sexual need fulfilled when she refuses.
- The Hadith of the angels cursing the wife for refusing intercourse shows that the husband cannot force himself upon her, because the narration mentioned him sleeping while being angry at her. If it was permissible for the husband to force himself upon his wife by overpowering her physically, he would have fulfilled his sexual need, so he would not spend the night angry with her.
1. Dishonoring the wife is forbidden
It is absolutely forbidden to make your wife do something without her consent. Sure, the husband does have the right to intimacy, and the wife agreed to this by marrying him. But, whenever she withholds his right, the husband cannot physically make her do it, as this is dishonoring her personal boundaries.
If a husband considers it dishonorable for his wife to take his hand and demand financial support without his consent, then how much more disgraceful is it for him to force himself upon her sexually?
The principle is that both spouses should live with each other in honor, and dishonoring is absolutely forbidden. Abuse stays abuse, even if the wife may have started it.
It is haram for the husband to humiliate his wife. Physically constraining her into intercourse is not only humiliating her, it is a major form of abuse. He has no right to do this whenever she refuses.
This also extends to his other rights that may be neglected, such as: her obedience regarding whom she associates with, his leadership in refraining her from haram speech, and — according to an opinion — serving him through tasks like cooking and cleaning.
- Controlling her hand and making her cook or clean (if one holds the opinion that the wife is obliged to do those things).
- Taking control over her phone and deleting people you do not like.
- Taping up her mouth whenever she utters forbidden speech or gossips.
- Tying her up for her disobedience in responding to intercourse.
وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُو۟لَـٰٓئِكَ هُمُ ٱلظَّـٰلِمُونَ
And whoever transgresses the limits placed by Allah, they are the wrongdoers.
[2:229 Quran]
وَعَاشِرُوهُنَّ بِٱلْمَعْرُوفِ ۚ
And live with them in kindness.
[4:19 Quran]
القول في تأويل قوله: وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ
قال أبو جعفر: يعني جل ثناؤه بقوله: " وعاشروهن بالمعروف "، وخالقوا، أيها الرجال، نساءكم وصاحبوهن =" بالمعروف "، يعني بما أمرتكم به من المصاحبة، (105) وذلك: إمساكهن بأداء حقوقهن التي فرض الله جل ثناؤه لهنّ عليكم إليهن، أو تسريح منكم لهنّ بإحسان، كما:-
8907 - حدثنا محمد بن الحسين قال، حدثنا أحمد بن مفضل قال، حدثنا أسباط، عن السدي: " وعاشروهن بالمعروف "، يقول: وخالطوهن.
[مسند ابن المبارك - عبد الله بن المبارك - الصفحة ١٦١]
Imam al-Tabari said:
"What Allah — exalted is His praise — means by His statement “And live with them in kindness” is: O men, treat your wives and accompany them with goodness — that is, with what I have commanded you regarding companionship.
This includes: either keeping them while fulfilling their rights that Allah has made obligatory upon you toward them, or letting them go (i.e., divorcing them) with kindness, as was narrated by Muḥammad ibn al-Ḥusayn, from Aḥmad ibn Mufaḍḍal, from Asbāṭ, from al-Suddī: 'And live with them in kindness' — he said: 'That means: living together closely (engaging with them in a kind, respectful, and harmonious way).'"
[Tafsir al-Tabari - Surah an-Nisa - Verse 19]
Now, how could anyone say that phyisically constraining the wife into intercourse is okay to do!?
There are many evidences that order the husband to be respectful towards his wife, and that he cannot abuse her.
وَاسْتَوْصُوا بِالنِّسَاءِ خَيْرًا
The Prophet (ﷺ) said: "I enjoin upon you good conduct toward women."
[Sahih al-Bukhari 5185]
There is no good in a husband who forces himself upon his wife, and he is criminal for doing that, as that would be dishonoring and cruel.
رسول الله صلى الله عليه وسلم قال لا ضرر ولا ضرار
The Prophet (ﷺ) said: "There is no harming, nor returning of harm."
[Al-Muwatta Book 36, Hadith 31]
If the wife refuses intercourse, she is causing her husband harm. However, the husband has no right to overstep the boundaries by throwing himself upon her, for that would be even more harmful.
Instead, he should stick to what Allah prescribed: admonishing, forsaking, lightly hitting. She would also not be entitled to maintenance, for there will be no maintenance if she withholds intercourse without valid excuse.
2. The scholars on forcing a wife into intercourse
There have been many statements from the scholars of Islam regarding coercion when it comes to the right of intercourse.
They meant that the husband can enforce and coerce the wife to fulfill his right of intercourse. This does not mean he can throw himself upon her.
It becomes quite clear after reading what the scholars of Islam said regarding coercion, that they understood it to mean the husband may urge his wife towards obedience and fulfilling his marital rights.
[جماع القسم للنساء]
وَأَنْ لَا يَضْرِبَهَا فِي الْجِمَاعِ وَلَمْ يُفْرَضْ عَلَيْهِ مِنْهُ شَيْءٌ بِعَيْنِهِ، إِنَّمَا يُفْرَضُ عَلَيْهِ مَا لَا صَلَاحَ لَهَا إِلَّا بِهِ مِنْ نَفَقَةٍ وَسُكْنَى وَكِسْوَةٍ، وَأَنْ يَأْوِيَ إِلَيْهَا، فَأَمَّا الْجِمَاعُ فَمَوْضِعُ تَلَذُّذٍ وَلَا يُجْبَرُ أَحَدٌ عَلَيْهِ.
[كتاب الأم - الإمام الشافعي - الجزء ٥ - الصفحة ٢٠٣]
Imam Shafi'i said:
[Chapter: Intercourse in the division (allocation) among his women]
"It is impermissible for him to beat her during sexual intercourse, and there is no specific obligation upon him in regard to sexual intercourse.
Rather, what is binding upon him are those matters without which her wellbeing is not maintained: sustenance, shelter, clothing, and that he reside with her.
As for intercourse, it is a domain of mutual pleasure, and no one is to be forced into it."
[Kitab al-Umm - Imam Shafi'i - Volume 5 - Page 203]
When it comes to intercourse, a husband is not required to divide it equally between his wives, as it is based on mutual desire and enjoyment, and cannot be compelled.
وَإِنَّمَا قُلْنَا يَقْسِمُ لِلرَّتْقَاءِ وَإِنْ لَمْ يَقْدِرْ عَلَيْهَا كَمَا قُلْنَا يَقْسِمُ لِلْحَائِضِ وَلَا يَحِلُّ لَهُ جِمَاعُهَا لِأَنَّ الْقَسْمَ عَلَى السَّكَنِ لَا عَلَى الْجِمَاعِ أَلَا تَرَى أَنَّا لَا نُجْبِرُهُ فِي الْقَسْمِ عَلَى الْجِمَاعِ وَقَدْ يَسْتَمْتِعُ مِنْهَا وَتَسْتَمْتِعُ مِنْهُ بِغَيْرِ جِمَاعٍ
[كتاب الأم - الإمام الشافعي - الجزء ٥ - الصفحتان ٢٠٤-٢٠٥]
Imam Shafi'i said:
"We say that he must divide time (equally) even for the woman with an imperforate hymen (a medical condition that prevents intercourse), regardless of the fact that she is unable to provide intercourse, just as we say he must divide for the menstruating woman, even though intercourse with her is not permissible — because the division of time is about residence (or time spent), not about intercourse. Do you not see that we do not compel him, in division, to have intercourse? And he may enjoy her and she may enjoy him without intercourse."
[Kitab al-Umm - Imam Shafi'i - Volume 5 - Page 204-205]
And this is correct. He said that one cannot be forced into intercourse, as consent is required for it in order to achieve mutual pleasure.
Anyone who reads the statements of Imam Shafi'i would understand that this also applies to the wife. She is not to be constrained into intercourse whenever she refuses, as mutual pleasure cannot be achieved in that. And Imam Shafi'i said 'Intercourse is a domain of mutual pleasure, and no one is to be forced into it.'
Imam Shafi'i emphasised good treatment to women, and he said a husband cannot harm his wife in Islam.
وَقَدْ أَمَرَ اللَّهُ تَعَالَى بِالْإِمْسَاكِ بِالْمَعْرُوفِ وَالتَّسْرِيحِ بِالْإِحْسَانِ وَنَهَى عَنْ الضَّرَرِ وَطَلَاقُ الْحَائِضِ ضَرَرٌ عَلَيْهَا
[كِتَابُ الأُمِّ - الإِمَامُ الشَّافِعِيُّ - الْجُزْءُ ٥ - الصَّفْحَةُ ١٩٣]
Imam Shafi'i said:
"And Allah, Exalted is He, has commanded keeping [one’s wife] with kindness and releasing [her] with good treatment, and He has forbidden harm. Divorcing a woman while she is menstruating is harmful to her."
[Kitab al-Umm - Imam Shafi'i - Volume 5 - Page 193]
Now, if divorcing a woman while she is menstruating is harmful, then how about throwing yourself upon your wife!?
The latter is even more harmful, and no one disputes this except a stubborn person who wants to fulfill his wicked desires.
Would such people ever encourage their own mother or sisters to be treated like that? No, they would be the first to become angry at whoever does such a thing to them.
It is dishonoring and cruel to have intercourse with your wife without her consent. As for when she refuses without valid excuse, the husband should kindly advise her, then not share the bed with her, then lightly hit her.
Having intercourse without her consent is humiliating, an attack at her personal boundaries, and devestating to her honor.
[بَابٌ الْحَالُ الَّتِي تَجِبُ فِيهَا النَّفَقَةُ عَلَى الزَّوْجِ.] [مَسْأَلَةٌ الْمَرْأَةُ تَسْتَحِقُّ النَّفَقَةَ عَلَى زَوْجِهَا بِشَرْطَيْنِ]
وَلَنَا، أَنَّ النَّفَقَةَ تَجِبُ بِالتَّمْكِينِ مِنْ الِاسْتِمْتَاعِ، وَلَا يُتَصَوَّرُ ذَلِكَ مَعَ تَعَذُّرِ الِاسْتِمْتَاعِ، فَلَمْ تَجِبْ نَفَقَتُهَا، كَمَا لَوْ مَنَعَهُ أَوْلِيَاؤُهَا مِنْ تَسْلِيمِ نَفْسِهَا، وَبِهَذَا يَبْطُلُ مَا ذَكَرُوهُ، وَيُفَارِقُ الْمَرِيضَةَ، فَإِنَّ الِاسْتِمْتَاعَ بِهَا مُمْكِنٌ، وَإِنَّمَا نَقَصَ بِالْمَرَضِ، وَلِأَنَّ مَنْ لَا تُمَكِّنُ الزَّوْجَ مِنْ نَفْسِهَا، لَا يَلْزَمُ الزَّوْجَ نَفَقَتُهَا، فَهَذِهِ أَوْلَى؛ لِأَنَّ تِلْكَ يُمْكِنُ الزَّوْجُ قَهْرَهَا وَالِاسْتِمْتَاعُ بِهَا كُرْهًا.
[المغني - ابن قدامة - المجلد ٨ - الصفحة ٢٢٨]
Ibn Qudamah said:
[Chapter: The Condition in Which Maintenance Becomes Obligatory Upon the Husband]
[Matter: A Woman is Entitled to Maintenance from Her Husband with Two Conditions]
“And our view is that maintenance (nafaqah) becomes obligatory through the wife enabling the husband to have conjugal enjoyment. This cannot be conceived in a situation where such enjoyment is impossible, and thus her maintenance is not obligatory—just as if her guardians were to prevent her from surrendering herself (to her husband).
With this, what they (those who disagree) mentioned becomes invalid.
And this differs from the case of a sick woman, for conjugal enjoyment with her is still possible—only reduced due to illness.
Also, because a woman who does not enable her husband to have conjugal access is not entitled to maintenance, then this case is even more so, since the husband can coerce her to give him his right of intimacy, even when she refuses."
[Al-Mughni - Ibn Qudamah - Volume 8 - Page 228]
And this statement of Ibn Qudamah is also related by his nephew, Ibn Abi Umar:
ولأَنَّ مَن لا تُمَكِّنُ الزَّوْجَ مِن نَفْسِها، لا تَلْزَمُه نَفَقَتُها، فهذه أَوْلَى؛ لأَنَّ تلك يمكِنُ الزَّوجَ قَهْرُها ووطؤُها كَرْهًا
[كتاب الشرح الكبير على المقنع - ابن أبي عمر - الجزء ٩ - الصفحة ٢٥٤]
Ibn Abi Umar said:
"When the woman denies sexual access to herself, she is not entitled to maintenance. The husband can coerce her to fulfill his right to intercourse, even if she refuses."
[Kitab al-Sharh al-Kabir 'ala al-Muqni' - Ibn Abi Umar - Volume 9 - Page 254]
Ibn Qudamah and Ibn Abi Umar are talking about the wife refusing to have intercourse without a valid excuse. What he means by 'forcing her' is that he can actually discipline her, so that she will hopefully return to obedience of Allah.
For example, the husband can refuse the bed with his wife for three days, and after that (lightly) hit her in a way that does not leave a mark or injures her, in order to send the message that she is going against the marriage contract and the orders of Allah.
So it is allowed for him to demand his rights when she refuses to give them, and he can follow-up by disciplining her in the prescribed ways of Islam, so that she will return to what she initially agreed upon in the marriage contract and stops disobeying Allah.
This is what is meant by 'forcing', it is to make the person change his ways by taking disciplinary measures, to push the person towards giving your rights.
If after all that she still does not agree to give the husband his right of intimacy, the husband should divorce her.
So he has absolutely no right to throw himself upon his wife, and whoever does this is a criminal. Allah never included non-consensual intercourse as a means to get your right, and if there was no problem with it, then Allah would have definitely ordered it, as the point of marriage is to have intercourse in a permissible manner.
The wicked misquotations and misunderstandings of those who advocate for 'marital intercourse without consent'
And there is not a scholar from Ahl Sunnah wal-Jama'ah that believes the husband can force himself upon his wife by overpowering her physically.
Such opinions would be more suitable to Ahl Bid'ah. And even among those from them that the proponents have quoted from, they do not hold the same view as them regarding this issue.
Tying her up due to refusal!?
One such individual from the Ahl al-Bidʿah, who was an Ashʿarī, put forth a baseless and absurd view: that if a wife refuses intercourse, she should be tied up until she consents, after which she would be released. This opinion has no support in any authentic Islamic source.
And those who are proponents of 'marital intercourse without consent' even misunderstood the statement of that prominent Ash'ari. They claimed it meant that the husband may tie up his wife and have intercourse with her as a response to her disobedience.
No one in their right mind would make such a claim — not even the Ashʿarī they misunderstood ever said such a thing.
What is meant by 'forcing' is not what they like to believe
They also quoted a Hanafi Maturidi who we deem irrelevant to quote, as our focus is only on scholars from Ahl Sunnah wal-Jama'ah. He basically said that the husband can force his wife to fulfill his sexual right. And we say that there is nothing wrong with this saying.
Yes, he can push her to fulfill his right, but he cannot throw himself upon her, even when she refuses a thousand times or more.
And it is permissible for the husband to push his wife to fulfill his right to intercourse if she refuses without valid reason.
Using her when she is asleep!?
One of the people they quoted said that the wife should respond to her husband at any time. He said 'any time' also implies in case of sleep, and this was his understanding.
We say, if the wife agrees to having intercourse while she is asleep, then this is her consent, and the husband can do it. But if she does not consent to this, then the husband would be using her while she is asleep, and this is disgusting, evil, and criminal.
3. Impermissibility of forcing yourself upon your wife, even when she becomes rebellious
Allah permitted the husband to take disciplinary measures when he sees signs of disobedience in her, such as refusing intercourse without valid reason, and going out without his permission.
The husband should first advise her kindly, but if she refuses, he can forsake her for three days while being inside the house. If she still refuses, then he can lightly hit her as a form of discipline, while avoiding her face and other vulnerable areas.
When she continues to be disobedient after all this, the husband should either be patient and make lots of dua to Allah to guide the wife, or he should divorce her. The husband is not allowed to go beyond what is prescribed by Allah.
[مَسْأَلَةٌ ظَهَرَ مِنْهَا مَا يَخَافُ مَعَهُ نُشُوزهَا]
(٥٧٤٠) مَسْأَلَةٌ؛ قَالَ: (وَإِذَا ظَهَرَ مِنْهَا مَا يَخَافُ مَعَهُ نُشُوزَهَا وَعَظَهَا، فَإِنْ أَظْهَرَتْ نُشُوزًا هَجَرَهَا، فَإِنْ أَرْدَعَهَا، وَإِلَّا فَلَهُ أَنْ يَضْرِبَهَا ضَرْبًا لَا يَكُونُ مُبَرِّحًا) مَعْنَى النُّشُوزِ مَعْصِيَةُ الزَّوْجِ فِيمَا فَرَضَ اللَّهُ عَلَيْهَا مِنْ طَاعَتِهِ، مَأْخُوذٌ مِنْ النَّشْزِ، وَهُوَ الِارْتِفَاعُ، فَكَأَنَّهَا ارْتَفَعَتْ وَتَعَالَتْ عَمَّا فَرَضَ اللَّهُ عَلَيْهَا مِنْ طَاعَتِهِ، فَمَتَى ظَهَرَتْ مِنْهَا أَمَارَاتُ النُّشُوزِ، مِثْلُ أَنْ تَتَثَاقَلَ وَتُدَافِعَ إذَا دَعَاهَا، وَلَا تَصِيرَ إلَيْهِ إلَّا بِتَكَرُّهٍ وَدَمْدَمَةٍ، فَإِنَّهُ يَعِظُهَا، فَيُخَوِّفُهَا اللَّهُ سُبْحَانَهُ، وَيَذْكُرُ مَا أَوْجَبَ اللَّهُ لَهُ عَلَيْهَا مِنْ الْحَقِّ وَالطَّاعَةِ، وَمَا يَلْحَقُهَا مِنْ الْإِثْمِ بِالْمُخَالَفَةِ وَالْمَعْصِيَةِ، وَمَا يَسْقُطُ بِذَلِكَ مِنْ حُقُوقِهَا، مِنْ النَّفَقَةِ وَالْكُسْوَةِ، وَمَا يُبَاحُ لَهُ مِنْ ضَرْبِهَا وَهَجْرِهَا؛ لِقَوْلِ اللَّهِ تَعَالَى {وَاللاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ} [النساء: ٣٤] فَإِنْ أَظْهَرَتْ النُّشُوزَ، وَهُوَ أَنْ تَعْصِيَهُ، وَتَمْتَنِعَ مِنْ فِرَاشِهِ، أَوْ تَخْرُجَ مِنْ مَنْزِلِهِ بِغَيْرِ إذْنِهِ، فَلَهُ أَنْ يَهْجُرَهَا فِي الْمَضْجَعِ؛ لِقَوْلِ اللَّهِ تَعَالَى: {وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ} [النساء: ٣٤] .
[المغني لابن قدامة - المجلد ٧ - الصفحت ٣١٨]
Ibn Qudamah said:
[Issue: Signs appear that make one fear her disobedience (nushūz)]
"If signs appear from her that cause fear of her becoming disobedient, then he should admonish her. If she shows disobedience, he may forsake her. If that deters her, then good; otherwise, he is permitted to hit her, but not in a severe manner."
The meaning of nushūz is: disobeying the husband in what Allah has obligated upon her in terms of obeying him. It is derived from nashz, which means elevation or rising—so it is as if she "elevated herself" and rebelled against what Allah obligated her to do in terms of obedience.
So, when signs of nushūz appear from her, such as: She becomes sluggish or reluctant, she avoids him when he calls her, she only comes to him with clear discomfort and grumbling, then he should admonish her—by reminding her of Allah, of the rights that Allah has made obligatory upon her toward her husband, the sin that results from disobedience, and the consequences—such as: The loss of her right to financial support (nafaqah) and clothing, his permitted use of forsaking and hitting, as indicated by the saying of Allah the Exalted: {And those [wives] from whom you fear nushūz – then admonish them} [An-Nisā’ 4:34].
Then, if she actually commits nushūz—meaning she disobeys him, refuses his bed, or leaves his house without permission—then he may forsake her in the bed, as Allah said: {and forsake them in bed} [An-Nisā’ 4:34]. Ibn ʿAbbās said: 'Do not share her bed.'"
[Al-Mughni - Ibn Qudamah - Volume 7 - Page 318]
Ibn Qudamah makes clear that the disciplinary measures are there to deter her from being rebellious. He also explains the meaning of nushuz (rebellion), and that it is when the wife disobeys her husband, leaves the house without his permission, or to refuse intercourse without valid reason.
The husband should remind her of his rights placed by Allah. And that she loses her rights to maintenance and clothing by behaving in this type of way.
Forsaking her in bed means to not share the bed with her. So the husband would sleep in a different area of the house.
قَالَ ابْنُ عَبَّاسٍ لَا تُضَاجِعْهَا فِي فِرَاشِك. فَأَمَّا الْهِجْرَانُ فِي الْكَلَامِ، فَلَا يَجُوزُ أَكْثَرُ مِنْ ثَلَاثَةِ أَيَّامٍ؛ لِمَا رَوَى أَبُو هُرَيْرَةَ، أَنَّ النَّبِيَّ - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ - قَالَ: «لَا يَحِلُّ لِمُسْلِمٍ أَنْ يَهْجُرَ أَخَاهُ فَوْقَ ثَلَاثَةِ أَيَّامٍ» وَظَاهِرُ كَلَامِ الْخِرَقِيِّ أَنَّهُ لَيْسَ لَهُ ضَرْبُهَا فِي النُّشُوزِ فِي أَوَّلِ مَرَّةٍ. وَقَدْ رُوِيَ عَنْ أَحْمَدَ إذَا عَصَتْ الْمَرْأَةُ زَوْجَهَا، فَلَهُ ضَرْبُهَا ضَرْبًا غَيْرَ مُبَرِّحٍ. فَظَاهِرُ هَذَا إبَاحَةُ ضَرْبِهَا بِأَوَّلِ مَرَّةٍ؛ لِقَوْلِ اللَّهِ تَعَالَى: {وَاضْرِبُوهُنَّ} [النساء: ٣٤] . وَلِأَنَّهَا صَرَّحَتْ بِالْمَنْعِ فَكَانَ لَهُ ضَرْبُهَا، كَمَا لَوْ أَصَرَّتْ وَلِأَنَّ عُقُوبَاتِ الْمَعَاصِي لَا تَخْتَلِفُ بِالتَّكْرَارِ وَعَدَمِهِ، كَالْحُدُودِ وَوَجْهُ قَوْلِ الْخِرَقِيِّ الْمَقْصُودُ زَجْرُهَا عَنْ الْمَعْصِيَةِ فِي الْمُسْتَقْبَلِ، وَمَا هَذَا سَبِيلُهُ يُبْدَأُ فِيهِ بِالْأَسْهَلِ فَالْأَسْهَلِ، كَمَنْ هُجِمَ مَنْزِلُهُ فَأَرَادَ إخْرَاجَهُ.
[المغني لابن قدامة - المجلد ٧ - الصفحت ٣١٨]
Ibn Qudamah said:
"As for forsaking her in speech, it is not permissible to exceed three days, because of what was narrated by Abū Hurayrah, that the Prophet ﷺ said: “It is not permissible for a Muslim to boycott his brother for more than three days.”
The apparent meaning of al-Khirqī’s statement is that the husband is not allowed to hit her upon the first instance of disobedience. However, it was narrated from Imām Aḥmad that: “If a woman disobeys her husband, then he may hit her with a strike that is not severe.”
The apparent meaning of this is that striking is permissible even on the first occurrence, based on the saying of Allah the Exalted: {And strike them} [al-Nisāʾ: 34]. Also, because she explicitly refused, it is then permissible for him to strike her—just like if she had persisted.
Moreover, punishments are not reserved only for repeated offenses. As for the reasoning behind al-Khirqī’s statement, it is that the goal is to deter her from future disobedience, and that such matters should begin with the least severe measure, and from there to increase it—just like someone defending his home from an intruder would start with the least force and escalate when necessary."
[Al-Mughni - Ibn Qudamah - Volume 7 - Page 318]
Ibn Qudamah is saying that the husband can discipline his wife when she becomes disobedient and rebellious. He can do this by forsaking her, both in bed, and outside of it, but not more than three days.
If that does not work, then the husband can resort to hitting in a non-severe manner, which does not cause injury.
He also says that the husband can either hit her as a first measure, or delay it after disciplining her with less than that, like admonish her and after that forsaking her for a maximum of three days.
وَاَلَّذِي يَدُلُّ عَلَى هَذَا أَنَّهُ رَتَّبَ هَذِهِ الْعُقُوبَاتِ عَلَى خَوْفِ النُّشُوزِ؛ وَلَا خِلَافَ فِي أَنَّهُ لَا يَضْرِبُهَا لِخَوْفِ النُّشُوزِ قَبْلَ إظْهَارِهِ.
[المغني لابن قدامة - المجلد ٧ - الصفحت ٣١٨]
Ibn Qudamah said:
"What this indicates is that He (Allah) ordered these disciplinary measures based on the fear of disobedience (nushūz); and there is no disagreement that he (the husband) is not permitted to strike her merely out of fear of disobedience before it is actually exhibited."
[Al-Mughni - Ibn Qudamah - Volume 7 - Page 318]
These measures are there to prevent further escalation from the wife. Without it, she will become disobedient in all aspects, and the marriage will break down because of it.
Ibn Qudamah also mentions that there is no disagreement among scholars that hitting is not allowed as a form of intimidation. Rather, he can only do this when she actually has exhibited disobedience, not before it.
It is common among abusive husbands that they hit their wives merely to intimidate them, even when the wives have done nothing to warrant such treatment. This behavior is strictly prohibited in Islam, by consensus of all scholars.
وَمَعْنَى " غَيْرَ مُبَرِّحٍ " أَيْ لَيْسَ بِالشَّدِيدِ. قَالَ الْخَلَّالُ: سَأَلْت أَحْمَدَ بْنَ يَحْيَى عَنْ قَوْلِهِ: " ضَرْبًا غَيْرَ مُبَرِّحٍ " قَالَ: غَيْرَ شَدِيدٍ. وَعَلَيْهِ أَنْ يَجْتَنِبَ الْوَجْهَ وَالْمَوَاضِعَ الْمَخُوفَةَ؛ لِأَنَّ الْمَقْصُودَ التَّأْدِيبُ لَا الْإِتْلَافُ. وَقَدْ رَوَى أَبُو دَاوُد، عَنْ «حَكِيمِ بْنِ مُعَاوِيَةَ الْقُشَيْرِيِّ، عَنْ أَبِيهِ، قَالَ: قُلْت: يَا رَسُولَ اللَّهِ، مَا حَقُّ زَوْجَةِ أَحَدِنَا عَلَيْهِ؟ قَالَ: أَنْ تُطْعِمَهَا إذَا طَعِمْتَ، وَتَكْسُوَهَا إذَا اكْتَسَيْت، وَلَا يُقَبِّحْ، وَلَا يَهْجُرْ إلَّا فِي الْبَيْتِ.» وَرَوَى عَبْدُ اللَّهِ بْنُ زَمْعَةَ، عَنْ النَّبِيِّ - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ - قَالَ: «لَا يَجْلِدُ أَحَدُكُمْ امْرَأَتَهُ جَلْدَ الْعَبْدِ، ثُمَّ يُضَاجِعُهَا فِي آخِرِ الْيَوْمِ وَلَا يَزِيدُ فِي ضَرْبِهَا عَلَى عَشَرَةِ أَسْوَاطٍ؛ لِقَوْلِ رَسُولِ اللَّهِ - صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ -: لَا يَجْلِدْ أَحَدٌ فَوْقَ عَشَرَةِ أَسْوَاطٍ، إلَّا فِي حَدٍّ مِنْ حُدُودِ اللَّهِ.» مُتَّفَقٌ عَلَيْهِ.
[المغني لابن قدامة - المجلد ٧ - الصفحتان ٣١٨-٣١٩]
Ibn Qudamah said:
"The meaning of "not severe" (غَيْرَ مُبَرِّحٍ) is that it should not be intense. Al-Khallāl said: I asked Aḥmad ibn Yaḥyā about the statement “hitting that is not severe” (ضَرْبًا غَيْرَ مُبَرِّحٍ), and he said: “It means: not harsh.”
He must avoid hitting the face and vulnerable areas, because the purpose is discipline, not destruction.
Abū Dāwūd narrated from Ḥakīm ibn Muʿāwiyah al-Qushayrī, from his father, who said: I said: O Messenger of Allah, what is the right of one’s wife over him? He said: That you feed her when you eat, clothe her when you clothe yourself, do not insult her, and to not forsake her (if nessecary) except within the house (do not disgrace her in public).
And ʿAbd Allāh ibn Zamʿah narrated from the Prophet ﷺ that he said: Let none of you hit his wife like the hitting of a slave, and then have intercourse with her at the end of the day.
And do not exceed ten times in hitting her, based on the statement of the Messenger of Allah ﷺ: No one should hit more than ten times except in the case of a legal punishment from the punishments of Allah.
This all is agreed upon."
[Al-Mughni - Ibn Qudamah - Volume 7 - Page 318-319]
The husband has no right to be cruel with his wife. He should admonish her, forsake her in bed, and lightly hit her. Hitting is the last resort, and there comes nothing after that.
Don't the proponents of 'marital intercourse without consent' see that the major scholars never said the husband can force himself upon his wife!?
If what these proponents said was correct, Ibn Qudamah would have mentioned it as a consequence of refusing intercourse, but he did not.
Ibn Qudamah is only of the view that the wife should be pushed into giving the right of her husband, through disciplinary measures such as: admonishing, forsaking, lightly hitting. That's it.
And anyone who exceeds the boundaries placed by Allah is a wrongdoer, and Allah does not like the wrongdoers.
4. Impermissibility of forcing yourself upon your wife, even when the angels curse her
The wife cannot refuse intercourse, and she would be rebellious and disobedient if she did, unless she has a valid excuse to refuse.
- Physical harm: If intercourse with her husband causes her pain and physical harm.
- Menstruation: Penetration is forbidden during menstruation.
- Fear of sinning: If the intercourse leads her to sin, such as being seen in public, or engaging in anal sex.
- Not receiving her rights: She is entitled to refuse intercourse if her husband neglects his financial obligations or engages in physical or psychological abuse.
- Being prevented from her obligations: Intimacy cannot be demanded when it prevents her from fulfilling her duties, such as fasting Ramadan.
It is not valid that she refuses intercourse when she does not enjoy it as much. The right of the husband is to receive intercourse from his wife whenever she is able.
If the wife is ill due to pregnancy or sickness, or is menstruating, she should still fulfill her husband's sexual need. This could be done through clothed genital stimulation, or mastrubation.
If a wife experiences little to no enjoyment due to a loss of interest or attraction toward her husband, she should seek to address this thoughtfully by communicating her feelings to him in a wise and respectful manner. And if it cannot be solved, she should seek divorce, out of fear for not being able to give him his rights.
Refusing sexual intercourse without valid excuse is a major sin, and the angels will curse her all night.
إِذَا دَعَا الرَّجُلُ امْرَأَتَهُ إِلَى فِرَاشِهِ فَلَمْ تَأْتِهِ فَبَاتَ غَضْبَانَ عَلَيْهَا لَعَنَتْهَا الْمَلاَئِكَةُ حَتَّى تُصْبِحَ
The Prophet (ﷺ) said: "When a man invites his wife to his bed and she does not come, and he (the husband) spends the night being angry with her, the angels curse her until morning."
[Sahih Muslim 1436d]
This narration indirectly refutes those who believe that the husband can throw himself upon his wife for intercourse.
If you could throw yourself upon your wife, there would be no reason to be angry, as your sexual needs could be fulfilled. But in the narration, the husband is angry for not having received intercourse.
Besides that, the Prophet (ﷺ) could have simply stated that if it happens again, the husband may force himself upon his wife to fulfill his sexual need—but he did not say that.
Anytime and anywhere
The wife should respond to her husband's invitation to intercourse, even when she is busy.
Of course the husband should remain reasonable and create ease for her, but she is not allowed to refrain from his invitation, nor can she observe a naafil fast without his permission.
لاَ تَصُومُ الْمَرْأَةُ وَزَوْجُهَا شَاهِدٌ يَوْمًا مِنْ غَيْرِ شَهْرِ رَمَضَانَ إِلاَّ بِإِذْنِهِ
The Prophet (ﷺ) said: "A woman may not fast a day - other than in the month of Ramadan - while her husband is present, except with his permission."
[Sunan Tirmidhi 782 [Hasan Sahih]]
This is because the husband has the right to intercourse, and she should be available for it.
Fasting prevents intercourse, so she should ask him whether it would be okay for her to observe a naafil fast. She does not need his permission when it comes to the obligatory fast of Ramadan, or when she needs to make up missed days from it.
إِذَا الرَّجُلُ دَعَا زَوْجَتَهُ لِحَاجَتِهِ فَلْتَأْتِهِ وَإِنْ كَانَتْ عَلَى التَّنُّورِ
The Prophet (ﷺ) said: "When a man calls his wife to fulfill his need, then let her come, even if she is at the oven."
[Sunan Tirmidhi 1160 [Hasan Gharib]]
This Hadith shows the urgency of the husband's call to intercourse, and that the wife should respond to it, even when she is busy.
Some people advocate that the husband can force himself upon his wife by overpowering her and having "intimacy" without her consent. This is outright criminal and disgusting. They even say that she can be used in her sleep.
Intercourse is only permissible when both parties consent to it. While some women may explicitly consent to intercourse while asleep, this is highly discouraged and unusual. It cannot truly be considered full intimacy, as the woman would be unaware during the act.
If she would have not given consent, it would have been regarded as a form of sexual abuse.
The wife does not need to accept every invitation to intercourse, as there are conditions that need to be met. The husband must maintain her financially, and if he does not do this, he loses his right to intercourse.
And when the husband abuses his wife and makes her life miserable, there is nothing wrong with her refusing intercourse. It is her right in that case to refuse.
Islam is all about fairness, both spouses must fulfill each other's rights before they can make any demands.
Punishment for the husband having non-consensual sex
It is disgusting and unjustifiable to treat another human being in this kind of way. Such a husband should be punished by the Islamic court, for the criminal behavior of abusing his wife.
According to Imam Malik and many other Islamic scholars, if a wife experiences abuse, she has the right to seek a divorce through Islamic court. The judge may then grant her separation from her husband because of the abuse she endured.
The husband who does this to his wife has absolutely no regard for her mental health. Such people tend to also abuse their wives in other ways, such as verbally, psychologically, and emotionally.
No respectful husband would dishonor his wife by demanding non-consensual intercourse, nor would he ever force himself upon her.
This behavior is utterly disgraceful and has no place in Islam. The beautiful religion has nothing to do with such individuals, and they repel themselves from it due to their vile stench of cruelty and deeply rooted—yet hidden—misogyny.
Islam does not advocate disgusting behavior
Any man who feels it to be okay to force oneself upon his wife, should really reconsider his opinion.
It is evident that this action can never be justified, for cruelty in marriage is unjustifiable.
Husbands are obliged to treat their wives with respect and honor, to communicate with them in the best way possible, and to respect their boundaries.
Non-consensual sex inside marriage is an act of cruelty and abuse. Such action attacks the honor of the wife, and there is no doubt that anyone would prevent this from happening to his own mother or sisters. This exposes the double standards held by those who advocate for non-consensual sex.
This act is forbidden, and it should be warned against. The wife does not lose her honor by refusing intercourse, though she would be very sinful if she has no valid excuse for doing so.
If she did not have any honor, then Allah would have just said that you can force yourself upon her in order to get your sexual right, but He did not say that. This is because Allah is the most Compassionate, the most Just.
Wives must always be treated with respect, even in cases of disobedience, and no one is allowed to cross the limits set by Allah.