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🏡 Rights & responsibilities · #52

A wife has a long illness and cannot be intimate with her husband. What are each spouse's rights and responsibilities?

A sick wife commits no sin in being unable, and her maintenance remains obligatory; the husband is asked to be patient, to care for her and to find a lawful way for his own needs without neglecting her.
Allah does not burden a soul beyond its capacity (al-Baqarah 2:286), and the Prophet ﷺ promised great reward to those who care for the sick. Intimacy can continue in whatever form she is able for and that does not harm her, following medical advice. If the husband feels unable to restrain himself, the Shariah allows a just polygamous marriage through the Syariah Court procedure, and the sick wife remains fully entitled to maintenance, treatment and kind treatment; a wife's infirmity as a ground for polygamy is mentioned in state family law, but it does not erase the first wife's rights. Discuss it honestly and seek counselling; do not make decisions in secret. See the question on a sick wife and polygamy.

Sources

Surah al-Baqarah 2:286Surah an-Nisa' 4:19Act 303, s.23
← PreviousBecause of snoring or caring for a baby, a husband and wife sleep in separate rooms. Is that wrong?Next →A husband has been imprisoned. What happens to the wife's maintenance and rights?

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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