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The question

Is the wife obligated to separate from her husband who stipulated at the time of their marriage—which was ostensibly for the sake of her daughter—that there would be no marital relations, claiming asceticism in this world, given that a year has passed since their marriage without him touching her?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If a man refrains from marriage and from upholding his wife's chastity, despite being capable of it, out of asceticism regarding worldly life and a desire to accumulate more good deeds, then this conduct is contrary to Islamic law. For the Prophet, peace be upon him, despite his asceticism and piety, did not turn away from marriage. Rather, he denounced those who wished to abandon it, saying: "Whoever turns away from my Sunnah is not of me."

Marriage is the Sunnah of the Prophets and Messengers. It completes half of one's religion and is better than abandoning it for worship. There is a reward in it, as in the Hadith: "And in the sexual act of one of you there is charity." A man is rewarded for spending on his wife, even for the morsel he places in her mouth. And what is permissible can become an act of obedience if it is intended for the sake of Allah the Almighty.

A man must uphold his wife's chastity according to her capacity and need, and this is one of her most emphasized rights upon him. Some scholars believe that sexual intercourse is obligatory according to the wife's need and the husband's ability.

And if the husband stipulates abandoning marital relations, this is a void condition that does not nullify the wife's right to chastity. If the husband insists on abandoning marital relations, then the wife must weigh between remaining with him or separating from him through divorce or khul' (dissolution of marriage initiated by the wife), and choose what entails the lesser of two harms.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
180206
Imported
Translation status
Source text, unreviewed
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