Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

ES Selamu Aleykum

if a new married couple would have never inter sexual course from the beginnin and if this continues six months. would their nikkah ends automatically? Would they have to renew it? jazak Allah khairan so muchhh!!!wasalam

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Married and no sex for 6 months

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 no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

If for any reason, the newly married couple are unable to have sex for a period of time, it does not invalidate or have any bearings on their ‘nikaah’; nor is there a need to renew it.

But if, at any stage of the marriage, the man intentionally refuses sex with his wife for a period of more than four months, the wife has a right to go to a Shariah Court; where the Judge will demand that either the man treat and keep his wife with honor and give her her due rights, or divorce her. This law of Shariah is derived from the Command of Allah Subhanah as quoted below:

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 226:

226 For those (men) who take an oath for abstention from their wives a waiting for four months is ordained; if then they return, Allah is Oft-Forgiving, Most Merciful.

227 But if their intention is firm for divorce, Allah heareth and knoweth all things.

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

Your Brother in Islam,

Burhan