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If husband force his wife to have sex, will it be considered as rape?

Answered according to Hanafi Fiqh by Darulifta Deoband Waqf
What say islam about marital rape? If husband force his wife to have sex, will it be considered as rape?

Answer:

Ref. No. 41/ 1032

In the name of Allah the most gracious the most merciful

The answer to your question is as follows:

Islam gave the husband the right to have sex with his wife whenever he wants, and if the wife refuses to engage in sexual relationship with her husband without any genuine reason, the husband has right o force his wife to have sex with her. This is not called rape. However, Islam advised that the sexual intercourse between husband and wife should be conducted with intimacy and love.

Moreover, if she is in menstruation or has a contagious disease then she has the right to refrain from her husband.

And Allah knows best

Darul Ifta            

Darul Uloom Waqf Deoband

 

This answer was collected from the official website of Darul Uloom Deoband Waqf. The institution is based in India and the answers are provided in accordance to the Hanafi Fiqh.

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