Is sexual intercourse obligatory upon the husband?
General Chapter
Al-Mughni
Book of the Wedding Feast
Primary text
Sexual intercourse is obligatory upon the husband if he has no excuse. This view is held by Malik. The obligation is proven because it is a right established by agreement, and if he swears to abstain from it, the obligation exists even before the oath, similar to other obligatory rights. Furthermore, marriage was legislated for the benefit of both spouses, including the fulfillment of the wife's sexual desire, analogous to fulfilling the husband's. Evidence supporting this is found in the narration where 'Umar approved a ruling stating the wife has a right over the husband to be approached within four nights for those who are just, and he accepted it. Another proof is that if this right were not established, seeking her permission for 'azl (coitus interruptus) would not be necessary, unlike with a slave woman.
Supporting text
Al-Qadi holds that it is not obligatory unless the husband refrains with the intention of causing harm. Al-Shafi'i states it is not obligatory because it is a right belonging solely to him, like his other rights.