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Is it permissible for a husband and wife to not have relations for extended periods due to differences?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I could not find past questions and Answers menu. hence i am putting my question direct. A husband and wife live together and make regular relations as and when required. What happen from islamic point of view if owing to diffrences between them, they do not make relation for period above 40 days, 3 months & above etc. I hope you understand what i mean? Please describe in details. I like answer only in English or Hindi as i can not read Urdu though It is shame on me. Any incovenience is deeply rgretted. Regards!

Answer

(Fatwa: 1311/1311=M/1429)

If the spouses, due to any dispute, did not have sexual relation, this will not have any adverse effect on their Nikah, even if they spend years in the same condition, but they will be sinful by not discharging the rights of each other.

If husband swears not to have any relation with wife for forty days or more, and then he keeps himself away with her without having any sexual relation with her, then the wife will be divorced with one Talaq (baain). Thereafter, they can not rejoin except after renewing their Nikah.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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