Jurisprudential Challenges Regarding the Limitation of Wife’s Sexual Enjoyment Right in Four Months

Sexual enjoyment by wife of her husband and vice versa are natural and religious rights of both. However, as far as wife is concerned, under the famous opinion among Islamic jurists, this right is subject to the husband’s positive will. Indeed, husband may not ignore his wife’s request for more than four months after which he is obliged comply with her demand. This descriptive-analytical research shows that the proofs and evidences of the famous opinion are incomplete; since, first, the Idjma (consensus) claimed by the famous Islamic jurists has not been realized and in addition, it lacks authority because its source is known; second, the narrations cited by them are either weak in terms of their chain of narrators or do not prove the claim from the aspect of denotation; third, not only rectifying the effective cause of the proofs is not possible but also the narration of Abou Sabbah Kenani, the essential requirement and absoluteness requirement of contract, criteria relating to the inherent essence of precepts, the No Loss (La Zarar) Rule  and the rational and conventional understandings are against the famous opinion. In conclusion, it appears that the wife’s sexual enjoyment right has no time limit and the need for husband to pay attention to meet his wife’s needs in less than four months is closer to reality.