What is the ruling if the wife stipulates that the husband refrains from sexual intercourse with her?

General Chapter

Al-Mughni

Book of Marriage

Book 35 · Issue 8 · Bab 1

Open in Qurani

Primary text

If the husband stipulates that he will not have intercourse with his wife, it is debated whether this invalidates the contract. One view suggests it invalidates the contract because it violates the primary purpose of marriage, similar to a vendor stipulating non-delivery of the sold item. Another view suggests the contract remains valid because intercourse is a right the wife possesses but does not own exclusively, and thus the stipulation does not void the core agreement, though she retains the right to demand it or seek dissolution if intercourse becomes impossible (e.g., due to impotence or *lian*).