Because of the remote work of the husband I am deprived of the sexual relations. Whether he violates my rights?
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Question: For several years my husband works far from home. In consequence of it I have problems in my sexual life - I am a young and healthy woman, but because of the remote work of my husband I deprived sexual relations. May it mean that the husband violates my rights as a wife– deprives me the sexual relations? Can I ask divorce because of it?

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Answer:

Assalamu Alaikum Wa Rahmatullahi Wa Barakaatuh

It is the obligatory duty of both spouses to ensure the sexual satisfaction of each other within the parameters of the Shari’ah. In your case, I advise that you discuss this issue with your husband and request him to shorten his periods away from home. Determine the amount of time you will more or less be able to remain without him and both of you mutually agree upon a time for his absence from home. Also take into consideration that he needs to go to work in order to support you and the family.

 It was the Fatwa of Sayyiduna Umar (Radiyallahu Anhu) that a man should not be away from his wife for more than six months if his wife is not happy with his absence. According to some narrations, 4 months have been stipulated.

 The ruling of Sayyiduna Umar can be used as a guideline to stipulate the maximum period of absence between the husband and wife before considering a divorce. The time frame will differ from person to person as the circumstances of each person are different. If you cannot resolve the issue with your husband on your own, then you may raise the issue to your local Council of Theologians to assist in rectifying the situation or to determine if you have a valid case for divorce.

 May Allah make it easy for you and always keep you in His protection. Amin.

 And Allah Knows Best.

 Wassalaam.

Mufti Suhail Tarmahomed

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