Monday 12 Ṣafar 1440 - 22 October 2018
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He forced her into sex during the day in Ramadan, and she refused then she gave in; does she have to offer expiation?

Question

During the month of Ramadan two years ago, my husband had intercourse with me after I had prayed Fajr and read Qur’an. It was the last ten days of Ramadan, and he knew that I was striving hard in worship during these days and seeking Laylat al-Qadr. Please note that before this, he had been keeping away from me, even though he knew that I wanted what Allah has made permissible for me with him. Even though there had been no talk between us, or affection or any kind of foreplay, he came close to me on that day, and even though I tried to stop him, fearing the punishment of our Lord, he persisted until he overpowered me and I was too weak to resist, and full intercourse took place. To be honest, in the end I deliberately let him finish, hoping that Allah would punish him. My question is, is there any sin on me for this infraction, or is this sin and punishment on my husband only? May Allah reward you with the best of rewards on our behalf.

Praise be to Allah.

If a man forces his wife to have intercourse, then she does not have to make up the day or offer expiation. This has been explained previously in the answer to question no. 106532.

If the wife did not refuse completely, such as if she gave in to her husband for fear of making him angry, or she gave in to his pressure, or she was not able to resist her own desire because her husband had provoked it, then in all these cases she is not regarded as having been forced; rather she did it willingly and she has to repent to Allah, may He be glorified and exalted, as well as make up the day and offer expiation.

Shaykh Ibn Baaz (may Allah have mercy on him) said:

She must refuse absolutely, and not let him do that, regardless of whether he gets angry or not.

If they both did that deliberately, then they both must repent and offer expiation, as well as making up that day, and they must repent sincerely for what they have done.

If he forced her and there is no doubt about that, by using his strength and hitting her, or by restraining her, then the sin is on him and there is no blame on her.

But if it is simply a matter of her being reluctant but going along with him, then she is not regarded as having been forced. Rather what she should have done is to refuse completely, for a woman knows how to refuse, unless he compelled her by force to the extent that she had no way of avoiding it, in which case Allah knows that she had no way of avoiding it.

End quote from Fataawa Noor ‘ala ad-Darb

http://www.binbaz.org.sa/noor/4591

See also the answer to question no. 106532.

And Allah knows best.

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