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One of our brothers/sisters has asked this question:

Aslaam-U-Alaikum

Dear brother...

I recently looked at this website and found it really helpful, MASHALLAH what a helpful deed you are doing.

 

Brother I have a question that nobody yet has answered in details and in light of Quran and Ahadith to setisfy me

my Question is that: If a wife dose not feel to have conjugal relation with her husband (without knowing him too well, (in the starting days of marriage)) and if he forces her to do so, will it ba a rape or is it his right?

 

it`s clear to me that if he desires and the wife says No the angels curse her all night till the Dawn, but if she says No and he still force her will that be rape or not?

 

please brother clarify this for me. Jazak ALLAH

 

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Answer:

 

Can wife claim rape

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

 

Abu Dhar al-Ghafari reported: ‘The Messenger of Allah (saws) said: “there is a reward for you [even] in sex with your wife."’ The companions asked: ‘O Messenger of Allah (saws) is there a reward if one satisfies his passion?" He (saws) said: "Do you know that if he satisfies it unlawfully he has taken a sin upon himself?  Likewise, if he satisfies it lawfully, he is rewarded."

Related by Ahmad and Muslim.

 

Dear and beloved Sister in Islam, one of the prime rights that become lawful after two individuals of the opposite sex commit themselves to the sacred institution of marriage is the fulfillment and enjoyment of their physical or conjugal desires with each other.  Time and time again the Messenger of Allah (saws) guided the believing woman to never ever refuse her husband, if he desires and invites her to his bed.

 

Sahih Al-Bukhari Hadith 4.460         Narrated by Abu Huraira

Allah's Messenger (saws) said, "If a husband calls his wife to his bed (i.e. to have sexual relation) and she refuses and causes him to sleep in anger, the angels will curse her till morning."

 

Al-Tirmidhi Hadith 3257        Narrated by Talq ibn Ali

Allah's Messenger (saws) said, "When a man calls his wife to satisfy his desire she must go to him even if she is occupied at the oven (or regardless of whatever she might be occupied with)."

 

Your Question: my Question is that: If a wife dose not feel to have conjugal relation with her husband (without knowing him too well, (in the starting days of marriage)) and if he forces her to do so, will it ba a rape or is it his right?

In Islamic Law, a woman can only claim rape if someone who is not entitled to enjoy sexual relations with her forces himself on her; but under absolutely no situation or condition can a believing woman who is bonded in the sacred institution of marriage with her husband in Islam claim that her husband ‘raped’ her; even in the absolutely extreme case where the husband exercised his right to enjoy conjugal relation with his lawfully wedded wife and had to force her to fulfill his desire with her.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

 

Burhan