Mutual Sexual Rights in Islamic Jurisprudence: A Critical Analytical Review

Couples should respect and strive to satisfy each other's sexual needs, safeguarding their mutual well-being. An examination of the judicial texts of Islamic schools (Shi'a and Sunni) reveals two main theories regarding the fulfillment of sexual needs within the family. According to the dominant theory, decisions concerning sexual intercourse and its manner rest with the husband. According to the non-dominant theory, as long as neither spouse faces physical or psychological obstacles, both the husband and wife are required-based on mutual consent-to fulfill each other's sexual needs. This study employs a descriptive-analytical method and relies on library sources (Shi'a and Sunni jurisprudential texts). The findings of this study indicate that the fulfillment of sexual needs is a mutual right and obligation of both spouses. The notion that sexual intercourse may occur once every four months pertains to situations in which the wife does not request sexual relations before that period. Similarly, the wife's obligation to comply with her husband's request for sexual intercourse under various circumstances applies only when she herself desires sexual relations and faces no physical or psychological impediments. Thus, sexual intercourse depends upon the mutual will and consent of both husband and wife, and neither can be coerced into it. It is expected that the findings of this research will assist in enhancing the cognitive awareness of Muslim couples and in promoting changes or corrections in their attitudes and behaviors toward achieving a higher level of sexual well-being.