In a recent fatwa, Dar-ul-Uloom Deoband has given full cognizance to conjugal rights of a woman who is denied sex by a spiteful spouse, saying she can ask for divorce if the husband fails to consummate his relationship with his wife.
“The victim in such a case of marital indifference will be fully justified in approaching the Darul Qadha (Shari’ah court) and seek an end of the nikah,” say the muftis.
The ruling delivered last week by a panel of five ulema of the Deoband’s fatwa department lays down that “marriage between a couple will be deemed over if the husband doesn’t honour his marital duties for a period of four months due to sheer spite and with intent to settle scores. The wife can have recourse in turning to Darul Qadha and demand a khula.”