Sunni Islam and Marital Rape **Explicit Content**

(Question/Discussion)

The Hadiths

Sahih Bukhari 5193: “The Prophet said: ‘If a man Invites his wife to sleep with him and she refuses to come to him, then the angels send their curses on her till morning.’” https://sunnah.com/abudawud:2141

https://sunnah.com/bukhari:3237 https://sunnah.com/bukhari:5193 https://sunnah.com/muslim:1436d Also in Sahih Bukhari 3237, Sunan Abu Dawud 2141 & Sahih Muslim 1436d.

Sunan Ibn Majah 1853: “...No woman can fulfil her duty towards Allah until she fulfils her duty towards her husband. If he asks her (for intimacy) even if she is on her camel saddle, she should not refuse.'” https://sunnah.com/ibnmajah:1853

Sahih Muslim 1436c: “...By Him in Whose Hand is my life, when a man calls his wife to his bed, and she does not respond, the One Who is in the heaven is displeased with her until he (her husband) is pleased with her.” https://sunnah.com/muslim:1436c

Jami` at-Tirmidhi 1160: “...When a man calls his wife to fulfil his need, then let her come, even if she is at the oven.” https://sunnah.com/tirmidhi:1160

The above Hadiths are rated as Sahih by Al-Albani in al-Siraj al-Munir fi Tartib Ahadith Saheeh al- Jami' al-Saghir (1/488): https://shamela.ws/book/18571/486

The Scholars

An-Nawawi, Sharh Muslim (10/7-8): He (the Prophet) said: ‘When a woman spends the night away from the bed of her husband, the angels curse her until morning.’ And in another narration is says ‘Until she returns.’ This is evidence for prohibiting the woman from abstaining from the marital bed without any legal reason*. Menstruation is not a legal reason for abstention. Because the husband has the right to get satisfaction by her on top of her loincloth. The meaning of this hadith is that the curses on her continue until the sin is removed by reason of the sun rising or by the woman repenting and returning to bed.”* https://shamela.ws/book/1711/2122#p1

Ibn Taymiyya, Al-Fatawa Al-Kubra (3/337): Praise be to Allah. Her right to maintenance and clothing falls away if she does not enable him access to herself. And he is permitted to strike her if she persists in disobedience (nushūz). It is not permissible for her to withhold this if he requests it; rather, she is disobedient to Allah and His Messenger. And in the authentic ḥadīth: “If a man calls his wife to his bed and she refuses him, then the One who is in the heaven remains displeased with her until morning.” https://shamela.ws/book/9690/1240

Ibn Qudamah, Kitāb al-Mughnī (8/228): As for our view, maintenance becomes obligatory only with enabling conjugal enjoyment, and this cannot be conceived when enjoyment is impossible. Therefore, she has no maintenance—just as if her guardians prevented her from surrendering herself. By this, what they (the others) mentioned is invalidated. This also differs from the case of a sick woman, for enjoyment with her is still possible, even if diminished by illness. And because a woman who does not enable her husband access to herself does not require him to provide maintenance, then this case (of one too young for intercourse) is even more appropriate (for denying maintenance); because in that (other case), the husband could compel her and enjoy her unwillingly**, whereas in this case (The girl who's too young to bear intercourse), it is not possible in any way.- https://shamela.ws/book/8463/3604 NOTE: Ibn Qudamah doesnt forbid intercourse with a prebubescent, as long as she can take it as seen here https://shamela.ws/book/8463/3069 al-Mughni (7/259)

Burhan al-Din al-Marghinani, Al-Hidaya (2/286):
“If she commits Nushuz [leaves his house without his consent], there is no Nafaqah [maintenance] for her until she returns to his house. Because the loss of confinement [to his house] is due to her, and if she returns then the confinement [also] comes and thus Nafaqah becomes obligatory, as opposed to when she refuses to have sexual intercourse whilst remaining in the house of her husband, as confinement persists, and the husband is able to coerce her to have intercourse*.”*

https://shamela.ws/book/11820/381 Al-Hidaya (2/286), Akmal al-Din al-Babarti in Al-'Inayah Sharh al-Hidaya (4/383):https://shamela.ws/book/9403/1923 , Badr al-Din al-Ayni in al-Binaya Sharh al-Hidaya (5/666): https://shamela.ws/book/427/3002 , Abd al-Ghani al-Maydani ad-Dimashqi in Al- Lubab fi Sharh Al-Kitab (3/92): https://shamela.ws/book/21496/548 , Al-Kamal ibn al-Humam in Fath al-Qadir (4/383): https://shamela.ws/book/21744/1924

Al-Mawardi in Al-Hawi Al-Kabir (9/537): “Statement on coercing the weak woman into intercourse:

Al-Shafi’i said: ‘If she is a slim woman she is forced into sexual intercourse*. Except that, if her slimness is because of a certain sickness that prevents her from having sex, in which case she is given time.’*

Al-Mawardi said: ‘As for the slim woman, she has tender bones and little flesh on her body. If she has a slim body, there are two cases for her situation:

One of which, is that her situation is a congenital disease that there cannot be hope for it to ever disappear. In which case, she has to give herself (to her husband for sex) like other women. And the husband can please himself with her as much as she can bare. He should not hurt her soul nor her body.’”

https://shamela.ws/book/6157/4457

For the Sake of Time, ill end it here, let me know if you guys want a child marriage topic. Also There's an amazing thread on Slave R*pe here: https://www.reddit.com/r/exmuslim/comments/1ncjyz9/islam_sunni_permits_the_sexual_exploitation_of/

Posted Sep 11, 2025, 4:56 PM UTC

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