Religious Guidelines No: 28
Date: 10th of Jumādā al-Ūlā, 1443 H
Corresponding to 14th of December 2021

All praises be to Allāh. May Allāh’s blessings and peace be upon the Messenger of Allāh. To proceed:

The Bangsamoro Dārul-Iftā’ has received an issue on “Husband’s forcing sexual relation with his wife”. Consequently, the BDI would like to address this issue through the following points:

First: There is no such concept as “marital rape” in Islam unlike in the Western concept, for the word “rape” is not used between a husband and his wife. Instead, the alternative term we will use is “husband’s forcing sexual relation with his wife”. Force falls within the types of ill-treatment, and it contradicts the verse that commands the husband to treat his wife in a kind manner. The Almighty said: “And treat them (the wives) with kindness.” [An-Nisā’ 19]. The husband’s coercion to have sex with his wife when she refuses to engage will be thoroughly discussed under the eighth point.

Second: Women are at particularly high risk for being raped by their partners under the following circumstances:

1. Women married to domineering men who view them as property;
2. Women who are in physically violent relationships;
3. Women who are pregnant;
4. Women who are ill or recovering from surgery; and
5. Women who are separated or divorced.