Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

I would like to ask that if Husband and Wife doest have sex for 10-12 months....without having any medical problems...and also sleep on the same bed..does the nikah is still valid or finished. As wife doesnt like to be touched. 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

No sex nikaah valid

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

No matter how long a husband and wife do not have sex, it does not invalidate the nikaah in the least! It does not matter whether it is for 10-12 months, or 10-12 years; or whether they sleep in the same bed or sleep apart; the nikaah can only be invalidated by a ‘talaaq’ or divorce.

Your Statement: As wife doesnt like to be touched. 

If a wife does not like to be ‘touched’ by her husband, then indeed she will deny her husband one of his prime rights in the sacred bond of marriage. If the husband understands and accepts the condition of his wife and agrees to live with her in such a state; it is his choice. If the husband cannot accept this condition, he is obviously free to choose to marry another woman.

But the wife who does not like to be ‘touched’ by her husband should fear Allah Subhanah, and must give her husband his due rights; otherwise she will be held severely accountable for her deeds in the Just Court of Allah Subhanah on an Inevitable Day.

Allah says in the Holy Quran Chapter 2 Surah Baqarah verse 222:They ask you about the (women’s) monthly courses. Say, “It is a state of impurity; so keep apart from the women during their monthly courses and do not approach them until they are clean. When they have cleansed themselves, then you may go to them in the manner ordained for you by Allah. Most surely Allah loves those people who refrain from evil and keep themselves pure and clean.

Sahih Al-Bukhari Hadith 4.460 Narrated by Abu Huraira

The Messenger of Allah (saws) said, "If a husband calls his wife to his bed (i.e. to have sexual relation) and she refuses and causes him to sleep in anger, the Angels will curse her till morning."

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Burhan