Introduction

In modern society, women's rights are recognized as equal to men's, with women contributing equally in education, the workplace, leadership and social participation. But in Islamic religious texts and interpretations, women are assigned a compulsory role of satisfying their husbands' sexual needs, which grants legal legitimacy to a grave crime like marital rape. For example, Sunan Ibn Majah (Hadith 1853) narrates that a wife cannot refuse her husband's sexual demand even if she is on her camel saddle. Similarly, Mishkat al-Masabih (Hadith 3255) states that if anyone were commanded to prostrate to anyone, a wife would have been commanded to prostrate to her husband. These hadiths portray women as their husbands' property, whose will or consent carries no value. At the same time, the Islamic Sharia interpretation of the dower (mahr) reveals that by paying the dower, a husband becomes the owner of his wife's sexual organ, which horrendously tramples upon the very idea of equal human rights (( Dower | The Price of Enjoying a Woman's Private Parts in Islam )). Likewise, Islam also grants the husband the right to force a disobedient wife into submission by beating her.

The commentary of Sahih Muslim states that it is forbidden (haram) for a wife to abandon her husband's bed, meaning that responding to the husband's call is obligatory. A similar narration is found in Riyad us-Saliheen. These narrations deny a woman's freedom and consent, which runs contrary to modern rationalism and human rights. In Islamic history, Tafsir Ibn Kathir records that the Companion Umar would mount his sleeping wife and have intercourse with her without consent, and the Prophet raised no objection. This shows that in the seventh-century society, a woman's consent carried no weight.

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The Legal Nature of Marriage: 'Milk al-Bud'' or Ownership of the Sexual Organ

If one closely examines the legal definition and framework of marriage given in Islamic jurisprudence (fiqh), it becomes clear that marriage is not a spiritual bond or a human partnership; rather, it is a bare 'contract of exchange' (Mu'awadah). In nearly every foundational text of classical Islamic law, marriage is defined as 'milk al-bud'', that is, a means of acquiring ownership over the wife's sexual organ. In other words, the dower (Mahr) given by the husband to the wife is not a gift; it is the legal price or consideration for enjoying or using the wife's sexual organ (( The Dower: The Price of a Woman's Private Parts )). In 'Al-Hidayah', the most reliable and authoritative book of the Hanafi school, the definition of marriage states:

"Marriage is a contract that intentionally grants ownership of the right to sexual enjoyment (Ownership of the right to sexual intercourse)." (( Al-Hidayah, Kitab an-Nikah, Vol. 2, Page 302 ))

The same philosophy is reflected in 'Bada'i' as-Sana'i'' by Imam Kasani (may Allah have mercy on him). There, marriage is compared to a sale-and-purchase contract in which the husband is the buyer, the wife (or her guardian) is the seller, and the dower is the price of the commodity. Under this legal framework, the wife's sexual organ is treated as 'ma'qud 'alaih' (Subject matter of the contract), i.e., the 'object' of the contract. In other words, once the dower is paid or promised, the husband acquires exclusive right of use over that 'object'.

It is precisely because of this 'ownership' philosophy that the term 'marital rape' is entirely absent and irrelevant in Islamic Sharia. Because, according to legal logic, when a person 'purchases' or acquires the right of enjoyment of a thing through a contract, there is no need to seek fresh permission every time it is used. According to medieval jurists, it is the wife's duty to maintain 'tamkin' (Submission), i.e., to keep herself always available to her husband. If a wife withholds herself, she is deemed 'nashizah' (disobedient) and consequently loses her right to maintenance (Nafaqah). This very clearly denies a woman's bodily integrity and her own right over her body. In this system:

This concept strips a woman of her status as a free human being and a full citizen, reducing her to a mere 'sexual asset' or 'object of enjoyment'. According to the principles of modern human rights, no one may have ownership over another person's body. But Islamic juristic law continues to legitimize this medieval, slave-like system to this day, which is directly and utterly opposed to women's fundamental human rights, bodily freedom and self-respect. This proves that this legal framework is no divine or eternal justice; it is merely a legal instrument of the seventh century's extreme patriarchal and tribal mentality.

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Statements of Scholars: A Husband May Force His Wife

In modern civilized society, women enjoy rights equal to men. They participate equally with men in education, employment, leadership and social service. In modern society there are countless such incidents where a husband engages in sexual relations with his wife without her will and consent or forces her to do so. In modern civilized society this counts as rape, although in Islamic countries the husband is given legal sanction for this rape. Let us hear the statements of some scholars,

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The Hadith Accounts: Rejecting a Husband's Call Is Forbidden

Let us now read what the hadiths say about this matter, (( Mishkat al-Masabih (Mishkat), Hadith: 3257 )) (( Mishkat al-Masabih (Mishkat), Vol. 4, Hadith Academy, Page 318 )) (( Sunan Ibn Majah, Tawhid Publication, Hadith: 1853 )) (( Mishkat al-Masabih (Mishkat), Hadith Academy, Hadith: 3255 ))

Mishkat al-Masabih (Mishkat)
Part-13: Marriage
Section: 10. Second sub-section - kind treatment of wives and their mutual (husband-wife) rights
3257-[20] Narrated by Talq ibn 'Ali (RA). He said, the Messenger of Allah (SAW) said: when a husband calls his wife for his own need, she should respond to his call immediately, even if she is busy beside the stove (doing the work of a maidservant). (at-Tirmidhi)[1]
[1] Sahih: at-Tirmidhi 1160, Sahih al-Jami' 534, Sahih at-Targhib 1946, Sahih Ibn Hibban 4165.
Grade of hadith: Sahih (Authentic)
Narrator: Talq ibn 'Ali (RA)

3257-[20] Narrated by Talq ibn 'Ali. He said, the Messenger of Allah (peace and blessings of Allah be upon him) said: when a husband calls his wife for his own need, she should respond to his call immediately, even if she is busy beside the stove
(doing housework). (at-Tirmidhi)199
Explanation: The husband is the manager and guardian of his wife; whatever work he calls her to, it is obligatory for her to respond to that call, and in particular she must respond when he calls her to fulfill his biological need. The above hadith points to this very thing. Even if she is engaged in baking bread on the stove and there is no alternative person besides her, she should still set it aside and respond to the husband's call. Ibn al-Malik says: this ruling applies only if the bread belongs to the husband, because the husband knows that she is busy making bread and that calling her at this time would cause her harm; yet since he is calling her, she must respond to his call.
In the book of Bazzar, the hadith is narrated through Zayd ibn Arqam in these words: if a man calls his wife to his own bed, she should respond to his call (at once), even if she is sitting on the mill-stone. (Mirqat al-Mafatih; Tuhfat al-Ahwadhi, Vol. 4, Hadith: 1160)
٣٢٥٨ - [٢١] وَعَنْ مُعَاذٍ عَنِ النَّبِيِّ ﷺ قَالَ: «لَا تُؤْذِي امْرَأَةٌ زَوْجَهَا فِي الدُّنْيَا إِلَّا قَالَتْ زَوْجَتُهُ مِنَ الْحُورِ الْعِينِ : لَا تُؤْذِيهِ قَاتَلَكِ اللهُ فَإِنَّمَا هُوَ عِنْدَكِ دَخِيلٌ يُوشِكُ أَنْ يُفَارِقَكِ إِلَيْنَا» . رَوَاهُ التَّرْمِذِيُّ وَابْنُ مَاجَهُ وَقَالَ التَّرْمِذِيُّ : هُذَا حَدِيثٌ غَرِيبٌ
3258-[21] Narrated by Mu'adh. He said, the Prophet (peace be upon him) said: when a wife causes her husband trouble in this world (that is, through disrespect, disobedience, etc.), then the women of Paradise (the houris) of that husband keep saying: do not cause him trouble; (if you do), Allah will destroy you. He is (a guest of some days) a visitor with you; soon he will leave you and come to us. (at-Tirmidhi, Ibn Majah; Imam at-Tirmidhi says: this hadith is gharib) 500
Explanation: Allah will give the believers in Paradise "Hur al-'Ain", that is, wide-eyed houris. Allah says: "I will pair the people of Paradise with Hur al-'Ain" (Surah ad-Dukhan 44:54). That is, they will be given in marriage. Hur al-'Ain are the women of Paradise of extremely bright white mixed with black, with wide, inclined (or large, beautiful) eyes, of matchless beauty. When the believing wife of a righteous believer in Paradise is harmed, his designated houri wife in Paradise comes to know of it.

Sunan Ibn Majah
Tawhid Publication
Chapter: 9/ Marriage
2/1853. Narrated by 'Abdullah ibn Abu Awfa (RA). He said, when Mu'adh (RA) returned from Syria, he made prostration to the Prophet (SAW). The Prophet (SAW) said: O Mu'adh, what is this? He said: I went to Syria and saw its people making prostration to their religious leaders and rulers; so I wished in my heart to do the same before you. The Messenger of Allah (SAW) said: do not do that. For if I were to command anyone to make prostration to anyone other than Allah, I would have commanded the wife to make prostration to her husband. By the One in Whose Hand is the soul of Muhammad! A wife will not be able to fulfill the right due to her Lord until she fulfills the right due to her husband. If the husband wishes to fulfill his biological need with his wife while she is in the midst of household work, it is improper for her to reject him.
Grade of hadith: Hasan (Good)
It was narrated that: Abdullah bin Abu Awfa said "When Muadh bin Jabal came from Sham, he prostrated to the Prophet who said: 'What is this, O Muadh?' He said: 'I went to Sham and saw them prostrating to their bishops and patricians and I wanted to do that for you.' The messenger of Allah said: 'Do not do that. If I were to command anyone to prostrate to anyone other than Allah, I would have commanded women to prostrate to their husbands. By the One in Whose Hand is the soul of Muhammad! No woman can fulfill her duty towards Allah until she fulfills her duty towards her husband. If he asks her (for intimacy) even if she is on her camel saddle, she should not refuse.' "

Mishkat al-Masabih (Mishkat)
Publisher: Hadith Academy
Chapter: Part-13: Marriage
Section: 10. Second section - kind treatment of wives and their mutual (husband-wife) rights
3255-(18) Narrated by Abu Hurayrah (RA). He said,  the Messenger of Allah (SAW) said: if I were to command any human being to prostrate, I would have commanded the wife to prostrate to her husband. (at-Tirmidhi)
Grade of hadith: Hasan (Good).

Let us read this same hadith from the book Riyad us-Saliheen, (( Riyad us-Saliheen, Imam an-Nawawi, Islamia Quran Mahal Publication, Vol. 4, Page 131 ))

Section: When the husband calls the wife to bed, it is haram for the wife to refuse to come to bed without a reason sanctioned by the Sharia.

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Commentary on the Hadith: The Wife Is Bound to Have Intercourse the Moment the Husband Calls

Let us read a page from the commentary of Sahih Muslim, where it is said, abandoning the husband's bed is haram for the wife, that is, the moment the husband calls her to bed, it is the wife's duty to respond to that call (( Sahih Muslim Sharif (Bengali translation with essential commentary), Maktabatul Hadith Publication, Vol. 13, Page 206 ))

(3426) Hadith (Imam Muslim (may Allah have mercy on him) says) and narrated to us Qutaybah bin Sa'id (may Allah have mercy on him), he ... (change of chain) and 'Abd al-Warith bin 'Abdus-Samad (may Allah have mercy on him), he ... (change of chain) and Muhammad bin Muthanna (may Allah have mercy on him), he ... (change of chain) and 'Ubaydullah bin Sa'id, Harun bin 'Abdullah and Abu Ma'n ar-Ruqashi (may Allah have mercy on them), they ... (change of chain) and Sulayman bin Ma'bad (may Allah have mercy on him), they ... narrated this hadith from Jabir (may Allah be pleased with him). However, in the hadith narrated by the narrator Nu'man through Imam az-Zuhri (may Allah have mercy on him), there is this addition: he (the husband) may, if he wishes, have intercourse face down, and if he wishes, not face down; but the intercourse must be through the same (vaginal) passage.
Explanation and analysis
مُجَنِيَةٍ (face down) the word is read with dammah on the first letter, fathah on the second, kasrah with tashdid on the third, then a waw. That is, مكبوبة على وجهها (making the wife lie face down) (an-Nawawi) - (Fath al-Mulhim 3:511)
فِي صِمَامٍ وَاحِدٍ (through one same (vaginal) passage). The word صِمَامٍ is read with kasrah on the first letter and without tashdid on the second. It is from المنفد (hole, gap, path, door, window), that is, ثقب واحد (through one same gap). By this is meant القبل (the vaginal passage). (Fath al-Mulhim 3:511)
بَابُ تَحْرِيمِ امْتِنَاعِهَا مِنْ فِرَاشِ زَوْجِهَا
Section: Explanation of it being haram for the wife to avoid her husband's bed
(9829) حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى وَابْنُ بَشَّارٍ وَاللَّفْظُ لِابْنِ الْمُثَنَّى قَالَا حَدَّثَنَا مُحَمَّدُ بْنُ جَعْفَرٍ حَدَّثَنَا شُعْبَةُ قَالَ سَمِعْتُ قَتَادَةَ يُحَدِّثُ عَنْ زُرَارَةَ بْنِ أَوْفَى عَنْ أَبِي هُرَيْرَةَ عَنْ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ إِذَا بَاتَتْ الْمَرْأَةُ هَاجِرَةً فِرَاشَ زَوْجِهَا لَعَنَتْهَا الْمَلَائِكَةُ حَتَّى تُصْبِحَ.
(3427) Hadith (Imam Muslim (may Allah have mercy on him) says) and narrated to us Muhammad bin Muthanna and Ibn Bashshar (may Allah have mercy on them), they ... from Abu Hurayrah (may Allah be pleased with him), from the Prophet (SAW), he said: whichever wife spends the night leaving her husband's bed, the angels keep cursing her until morning.
Explanation and analysis
مَاجِرَةً (leaving) in Sahih al-Bukhari it is narrated as مهاجرة (leaving, deserting, emigrating). Hafiz Ibn Hajar (may Allah have mercy on him) says: although the word مهاجرة is formally in the form of مفاعلة, here it is not of the form of مفاعلة; rather, by it is meant أنها التي هجرت (she is the one who has left). Sometimes a word in the form of مفاعلة conveys the sense of نفس الفعل (the very act). Consequently, blame will not fall upon her for it. But if she is a manifest deserter and her husband remains angry with her because of it - (Fath al-Mulhim 3:511)

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From Tafsir: Umar Would Mount His Sleeping Wife

From the history of Islam we come to know that the Prophet Muhammad and his Companions did not in fact attach much importance to the consent of their wives. In the matter of sexual intercourse the husband's role was that of a master, and the wife's role that of a slave-girl. Let us learn of an incident from Tafsir Ibn Kathir, in which the Prophet's renowned Companion Umar is seen mounting his sleeping wife and engaging in intercourse without caring for her permission or consent. Even after the matter was reported to the Prophet, he said nothing about it, meaning that to the Prophet at that time this was a perfectly normal matter (( Tafsir Ibn Kathir, Vol. 2, Islamic Foundation, Page 112))

... he kept her close. My wife told me that she had been asleep. I considered it her excuse and had intercourse with her.' Then on that occasion this verse was revealed: ثُمَّ اَتِمُوا الصَّيَامَ إِلَى اللَّيْلِ …. Ibn Abu Layla, Shu'bah and 'Amr ibn Shu'bah narrate similar reports in succession. 'Abdullah ibn Ka'b, a slave of Banu Salmah's Musa ibn Jubayr, Abu Lahi'ah, Ibn al-Mubarak Suwayd, Muthanna and Abu Ja'far ibn Jarir narrate from Ka'b ibn 'Abdul Malik:
"The condition of the people in Ramadan was such that if anyone fell asleep after keeping the fast, then from then on eating, drinking and intercourse with one's wife became haram for him until the next iftar. One night Umar ibn al-Khattab returned home late from the court of the Messenger of Allah (SA). His wife was then asleep. He expressed his desire to gratify his lust with her, whereupon his wife said: I was asleep. He did not believe her and had intercourse with her. Ka'b ibn Malik says: at dawn Umar ibn al-Khattab presented himself to the Messenger (SA) and described this condition to him. Then Allah the Almighty revealed عَلِمَ اللَّهُ أَنَّكُمْ كُنْتُمْ تَخْتَانُونَ أَنْفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنْكُمْ فَالْآنَ بَاشِرُوهُنَّ, that is: Allah knew that you were betraying yourselves. Then Allah the Almighty accepted your repentance; therefore from now on have intercourse with your wives.
Similarly, Mujahid, 'Ata, 'Ikrimah, Qatadah and others narrate the incident of Umar (RA) and Suraqah ibn Qays al-Ansari as the occasion of the revelation of this verse. Then, as Allah's mercy, grace and love, Allah made permissible for the whole night of Ramadan intercourse with one's wife, eating and drinking.
In connection with the explanation of the phrase وَابْتَغُوا مَا كَتَبَ اللَّهُ لَكُمْ (and seek what Allah has written for you), Abu Hurayrah, Ibn 'Abbas, Anas, Qadi Shurayh, Mujahid, 'Ikrimah, Sa'id ibn Jubayr, 'Ata, Rabi' ibn Anas, Suddi, Zayd ibn Aslam, Hakam ibn 'Utbah, Maqatil ibn Hayyan, Hasan al-Basri, Dahhak and Qatadah (may Allah have mercy on them) among the Companions and Tabi'un say: its meaning is 'offspring'.

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A Companion's Sexual Intercourse Beside His Dead Child

How much priority is given in the Islamic family structure to the husband's sexual gratification over the wife's own emotions and grief becomes clear when we analyze this incident of Abu Talhah (RA) and his wife Umm Sulaym. In this narration we see that even though her own child lay dead inside the house, Umm Sulaym concealed her intense maternal grief, adorned herself for her husband and engaged in sexual union with him (( Sahih al-Bukhari, Tawhid Publication, Hadith number: 5470 )). Measured against modern psychology and human values, this is an extremely abnormal picture, in which a woman's natural emotional reaction is completely suppressed and she is seen merely as a means of satisfying the man's sexual need.

Sahih al-Bukhari (Tawhid Publication)
71/ Al-'Aqiqah
Section: 71/1. Naming the child on the day of its birth and performing tahnik (chewing something and putting it into the child's mouth) for the child for whom no 'aqiqah will be given.
5470. Narrated by Anas ibn Malik (RA). He said, a son of Abu Talhah fell ill. Abu Talhah went out, and the boy died. When Abu Talhah returned he asked: how is the boy? Umm Sulaym said: he is more at ease than before. Then she served him dinner, and he ate. Then he had sexual intercourse with Umm Sulaym. When the intercourse was over, Umm Sulaym said: go and bury the boy. In the morning Abu Talhah came to the Messenger of Allah (SAW) and told him the story. He asked: did you remain with your wife last night? He said: yes. The Prophet (SAW) said: O Allah, bless them.
Some days later Umm Sulaym gave birth to a son. (The narrator said: Abu Talhah told me: look after him until I take him to the Prophet (SAW). Then he took him to the Prophet (SAW), and Umm Sulaym sent some dates with him. The Prophet (SAW) took him (in his lap) and asked: is there anything with him? They said: yes, there is. He chewed it, then took it out of his mouth and put it into the child's mouth. With that he performed the tahnik and named him 'Abdullah. [1301; Muslim 38/5, Hadith: 2144] (Adhunik Prakashani: 5065, Islamic Foundation: 4961)
Narrated by Anas (RA). He narrated the same hadith. (Adhunik Prakashani: 5065, Islamic Foundation: 4962)
Grade of hadith: Sahih (Authentic)
Narrator: Anas ibn Malik (RA)

The most significant thing is that Muhammad received this matter extremely positively and made a special supplication asking Allah's barakah (blessing) upon that union. Presenting this sexual act, performed beside the corpse of a dead child, as a 'great' or 'blessed' deed is fundamentally a gross degradation of woman's human dignity and personhood. It conveys to society this message: in every situation a woman's primary and obligatory duty is to keep her body available for gratifying her husband's desires, even at a moment of extreme tragedy like the death of her own child. The Prophet's profuse praise and supplication for this conduct proves that in this religious ruling the man's so-called sexual right stands far above the woman's mental health or suffering. Such narrations reduce women to the position of a sex slave, where the husband's gratification, rather than her motherhood or her human self, is treated as the ultimate measure.

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Fatwas on Forcing the Wife by Beating When She Refuses Intercourse

Below, all the evidence and proofs concerning this matter are cited one by one. All these fatwas are considered the most authentic evidences in the Islamic world. Before looking at the evidences, let us watch a video,

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Rawdat at-Taalibeen - The Ruling Concerning the Slave Girl

In the history of Islamic jurisprudence (fiqh), 'Rawdat at-Taalibeen wa 'Umdat al-Muftiyin' is an extremely important and foundational book. It is counted as the authoritative document of the Shafi'i school. The book was written by the world-famous Islamic muhaddith and jurist Imam Muhyiddin Abu Zakariya Yahya ibn Sharaf an-Nawawi (may Allah have mercy on him) (d. 676 AH). In this book he has discussed with great orderliness the finest points of worship, mu'amalat (transactions) and family law. In particular, in issuing fatwas, this book is regarded as the final standard in the Shafi'i school.

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Original Arabic text (selected portion) - The original wording concerning the slave girl and related rulings is given below, (( ويحرم على الزوجة والأمة تحريما غليظا أن تمتنع إذا طلبها للاستمتاع الجائز ))

ويحرم على الزوجة والأمة تحريما غليظا أن تمتنع إذا طلبها للاستمتاع الجائز
It is strongly forbidden for a wife or slave concubine to refuse when her husband or master seeks permissible sexual intimacy from her.
— Rawdat at-Taalibeen

Bengali translation: "...and it is strictly forbidden for the wife or the slave girl to withhold herself without responding to the call of permissible enjoyment (of the master or husband).

Let us see it directly from the book,

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That is, the wife's or slave girl's consent has no value; her duty is to keep her husband or master pleased and satisfied, and to grant him sexual pleasure whenever her husband or master wishes, unless there is a Sharia-sanctioned reason (such as serious illness).

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Al-Muhalla bi'l-Aathaar

"Al-Muhalla bi'l-Aathaar" is a legendary book of jurisprudence written by Imam Ibn Hazm al-Andalusi (may Allah have mercy on him). It is the principal authoritative source of the Zahiri school. In this book Imam Ibn Hazm has interpreted Islamic law on the basis of direct reading of the Qur'an and Sunnah, giving precedence to evidence over reason or analogy (qiyas). For understanding comparative jurisprudence, or 'ikhtilaf al-fuqaha' (the differences of the scholars), this book is considered one of the greatest works in history. In this book, concerning the consent (Consent) of the slave girl and the wife and the duties imposed upon them, it is said,

[مَسْأَلَةٌ فَرْضُ الْأَمَةِ وَالْحُرَّةِ أَنْ لَا يَمْنَعَا السَّيِّدَ وَالزَّوْجَ الْجِمَاعَ مَتَى دَعَاهُمَا]
Translation: It is obligatory (fard) upon both the free wife and the slave girl that they do not prevent the husband or the master from intercourse whenever he calls them.
"…مَسْأَلَةٌ: وَفَرْضُ الْأَمَةِ وَالْحُرَّةِ أَنْ لَا يَمْنَعَا السَّيِّدَ وَالزَّوْجَ الْجِمَاعَ مَتَى دَعَاهُمَا، مَا لَمْ تَكُنْ الْمَدْعُوَّةُ حَائِضًا، أَوْ مَرِيضَةً تَتَأَذَّى بِالْجِمَاعِ، أَوْ صَائِمَةَ فَرْضٍ، فَإِنْ امْتَنَعَتْ لِغَيْرِ عُذْرٍ، فَهِيَ مَلْعُونَةٌ…"
Translation: "It is an obligatory duty upon the slave girl and upon the free wife that whenever the master or the husband calls them for intimacy, they should not prevent him — unless the woman is menstruating, or is so ill that intercourse would cause her great suffering, or is observing an obligatory fast. If she withholds herself without any valid excuse, then she is cursed."
"…عَنْ النَّبِيِّ - صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ - قَالَ: «إذَا بَاتَتْ الْمَرْأَةُ مُهَاجِرَةً إلَى زَوْجِهَا أَوْ فِرَاشِ زَوْجِهَا لَعَنَتْهَا الْمَلَائِكَةُ حَتَّى تَرْجِعَ»…"
Translation: "…Narrated from the Prophet (peace be upon him), he said: if a woman spends the night turning away from her husband or from her husband's bed, the angels keep cursing her until she returns."
"…قَالَ رَسُولُ اللَّهِ - صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ -: «إذَا دَعَا الرَّجُلُ زَوْجَتَهُ لِحَاجَتِهِ فَلْتَأْتِهِ وَإِنْ كَانَتْ عَلَى التَّنُّورِ»…"
Translation: "…The Messenger of Allah (peace be upon him) said: when a man calls his wife for his need (to satisfy his physical desire), she must come to him — even if she is busy at the stove (cooking)."

Let us see it from this book, ((  مسألة فرض الأمة والحرة أن لا يمنعا السيد والزوج الجماع متى دعاهما ))

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Salih al-Munajjid (islamqa.info)

In another most reliable fatwa website of Islam, Islamqa, it is said in a fatwa, Fatwa No. 33597 (( Islamqa, Fatwa No. 33597 )) -

إجبار الزوج زوجته على الجماع
Question: 33597
هل يجوز للرجل أن يُجبر زوجته أو أمته على الجماع إذا رفضت ؟.
Answer
الحمد لله والصلاة والسلام على رسول الله، وبعد:
ليس للمرأة أن تمنع نفسها من زوجها ، بل يجب عليها أن تلبي طلبه كلما دعاها ما لم يضرها أو يشغلها عن واجب .
روى البخاري (3237) ومسلم (1436) عن أبي هريرة رضي الله عنه قال : قال رسول الله صلى الله عليه وسلم : ( إذا دعا الرجل امرأته إلى فراشه فأبت فبات غضبان عليها لعنتها الملائكة حتى تصبح ) .
فإن امتنعت من غير عذر كانت عاصية ناشزا ، تسقط نفقتها وكسوتها .
وعلى الزوج أن يعظها ويخوفها من عقاب الله ، ويهجرها في المضجع ، وله أن يضربها ضرباً غير مُبَرِّح، قال الله تعالى :
( وَاللاتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ فَإِنْ أَطَعْنَكُمْ فَلا تَبْغُوا عَلَيْهِنَّ سَبِيلًا إِنَّ اللَّهَ كَانَ عَلِيًّا كَبِيرًا ) النساء/34 .
وسئل شيخ الإسلام ابن تيمية رحمه الله عما يجب على الزوج إذا منعته من نفسها إذا طلبها ؟ فأجاب : ( لا يحل لها النشوز عنه ، ولا تمنع نفسها منه ، بل إذا امتنعت منه وأصرت على ذلك فله أن يضربها ضربا غير مبرح ، ولا تستحق نفقة ولا قسما ) مجموع الفتاوى 32/279 .
وسئل عن رجل له زوجة وهي ناشز تمنعه نفسها فهل تسقط نفقتها وكسوتها وما يجب عليها ؟
فأجاب : ( تسقط نفقتها وكسوتها إذا لم تمكنه من نفسها ، وله أن يضربها إذا أصرت على النشوز . ولا يحل لها أن تمتنع من ذلك إذا طالبها به ، بل هي عاصية لله ورسوله ، وفي الصحيح : " إذا طلب الرجل المرأة إلى فراشه فأبت عليه كان الذي في السماء ساخطا عليها حتى تصبح " )
انتهى من مجوع الفتاوى 32/278 ، والحديث رواه مسلم (1736) .
فينبغي وعظ الزوجة أولا ، وتحذيرها من النشوز وغضب الله عليها ولعنة الملائكة لها ، فإن لم تستجب هجرها الزوج في الفراش ، فإن لم تستجب ضربها ضربا غير مبرح ، فإن لم ينفع معها ذلك ، منع عنها النفقة والكسوة ، وله أن يطلقها أو يخالعها لتفتدي منه بمالها .
وكذلك الأمة ليس لها أن تمتنع من تلبية رغبة سيدها إلا من عذر ، فإن فعلت كانت عاصية ، وله أن يؤدبها بما يراه مناسباً وأذن الشرع به .
والله أعلم .

Question No: 33597
Question:
Can a man force his wife or slave girl to have intercourse if she refuses?
Answer
All praise is due to Allah, and peace and blessings be upon the Messenger of Allah, and thereafter:
It is not lawful for a woman to withhold herself from her husband. Rather, she must answer his call whenever he calls her, unless there is some harm or something that legally excuses her.
Sahih al-Bukhari (Hadith 3237) and Sahih Muslim (Hadith 1436) narrate from Abu Hurayrah (RA):
The Messenger of Allah (peace be upon him) said:
"When a man calls his wife to his bed and she refuses, and he spends the night angry with her, the angels keep cursing her (the wife) until the morning."
So if a woman refuses without a valid reason, she will be deemed disobedient (nashizah), and as a result her right to maintenance and clothing will be forfeited.
The husband's duty is to make her fear Allah and admonish her; if she does not listen, he should separate from her in bed; and if that also does not work, he may beat her lightly — but not a beating that causes injury or wound. Allah says:
"And as for those women whose disobedience you fear, admonish them, leave them in their beds, and beat them; then if they obey you, do not seek any other way against them. Surely Allah is Most High, Most Great." (Surah an-Nisa 4:34)
Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said:
It is not lawful for the wife to withhold herself from the husband. Rather, when the husband calls her, it is obligatory for her to respond, unless there is a Sharia-sanctioned reason that excuses her. (Majmu' al-Fatawa 32/279)
Question:
If a man provides maintenance and clothing to his wife, yet the wife refuses to give herself (for intercourse) to him — what happens in this case?
Answer:
If she (the wife) does not give herself to the husband without a valid excuse, her right to maintenance and clothing will be forfeited. And it is lawful to beat her, but not in a manner that causes serious harm.
But if the refusal is for a Sharia-sanctioned reason, the wife will not be sinful. Rather, the sin will be upon the husband if he still forces her.
Conclusion
It is not lawful for the wife to reject the husband's call without a valid reason.
If she refuses without a reason, she will incur the curse of the angels, and her right to maintenance and clothing will be forfeited.
The husband must first admonish her, then separate the beds, and if necessary he may beat her lightly.
If there is a Sharia-sanctioned reason, the wife may refuse, and in that case the responsibility lies upon the husband.
The quotation from Ibn Taymiyyah's Majmu' al-Fatawa is concluded here (32/278). And the hadith is narrated in Sahih Muslim (1736).
Therefore, first the husband should admonish the wife, make her fear disobedience (nushuz), make her fear Allah's punishment, and remind her of the curse of the angels. If the wife still does not respond, the husband should leave the bed and keep away from her. If she still does not respond, he may beat her in a manner that is painful but not injurious. If that still yields no benefit, the husband may stop her maintenance and clothing, and even if he wishes, he may divorce her, or separate from her and marry another woman.
Similarly, in the case of the slave girl — it is not lawful for her to withhold herself from fulfilling the master's sexual need without any excuse. If she withholds, she will be sinful. And the master has the right to punish her and to take measures against her as he deems fit, within the limits permitted by the Sharia.
And Allah knows best.

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Qatar's Supreme Fatwa Committee (islamweb.net)

Another extremely famous fatwa website, Islamweb, repeats the same thing in its fatwa: (( مسألة فرض الأمة والحرة أن لا يمنعا السيد والزوج الجماع متى دعاهما ))

معلومات الكتاب
المحلى بالآثار
ابن حزم الأندلسي - علي بن أحمد بن سعيد بن حزم
إظهار / إخفاء التشكيل بحث في الكتاب
1883 - مسألة : وفرض الأمة والحرة أن لا يمنعا السيد والزوج الجماع متى دعاهما ، ما لم تكن المدعوة حائضا ، أو مريضة تتأذى بالجماع ، أو صائمة فرض ، فإن امتنعت لغير عذر ، فهي ملعونة . روينا من طريق مسلم نا ابن أبي عمر نا مروان - هو ابن معاوية الفزاري - عن يزيد بن كيسان عن أبي حازم عن أبي هريرة قال : قال رسول الله صلى الله عليه وآله وسلم { والذي نفسي بيده ما من رجل يدعو امرأته إلى فراشها فتأبى عليه إلا كان الذي في السماء ساخطا عليها حتى يرضى عنها } .
نا حمام نا عباس بن أصبغ نا محمد بن عبد الملك بن أيمن نا بكر بن حماد نا مسدد نا يحيى - هو ابن سعيد القطان - نا شعبة عن قتادة عن زرارة بن أوفى عن أبي هريرة رضي الله عنه عن النبي صلى الله عليه وآله وسلم قال : { إذا باتت المرأة مهاجرة إلى زوجها أو فراش زوجها لعنتها الملائكة حتى ترجع } .
ومن طريق أحمد بن شعيب نا هناد بن السري عن ملازم بن عمرو نا عبد الله بن بدر عن قيس بن طلق عن أبيه طلق بن علي قال : سمعت رسول الله صلى الله عليه وآله وسلم يقول : { إذا دعا الرجل زوجته لحاجته فلتأته وإن كانت على التنور } .

Now let us look at the Bengali translation of the fatwa, ( translated by AI )

Fatwa number 1883
Both the slave girl and the wife — it is obligatory for them to comply when the husband or master calls them for sexual relations.
If the wife is not menstruating, not in a state of confinement, not ill, or refuses without any valid excuse, she will be deemed sinful and disobedient (ناشزة/nashizah).
In this regard it is narrated from Muslim Imam Ibn Abi 'Umar al-Marwani, Ibn Mu'awiyah al-Farazi, Yazid ibn Kisan, Abu Hazim, and Abu Hurayrah (RA).
The Messenger of Allah (peace be upon him) said:
"The man who calls his wife to bed, and the wife refuses, so the husband spends the night angry — then the angels of heaven keep cursing her until morning."
(Sahih hadith: narrated in Bukhari and Muslim)
It has also come through the chains of Hammam ibn 'Abbas, Ibn Asbah, Muhammad ibn 'Abd al-Malik, Ibn Ayyub, Ibn Jahad, Ibn Mas'ud, etc.
Hadith from Sha'bi: 'Aishah (RA) said, the Prophet (peace be upon him) said:
"If a woman spends the night in such a state that her husband is calling her to his bed and she did not respond, then the angels keep cursing her until morning."
In another chain, 'Ali (RA) said: I heard the Messenger of Allah (peace be upon him) say:
"When a man calls his wife to bed and she refuses, the Owner of the heaven (Allah) remains angry with her until she responds to her husband's call."
Summary:
It is not lawful for either the wife or the slave girl to reject the sexual call of the husband/master, unless there is a valid Sharia excuse.
If she refuses without reason, she will incur the curse of the angels and the wrath of Allah.
Using these hadiths as evidence, the jurists have established the obligation of the husband's sexual right over the wife.

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From these fatwas it becomes clear that Islamic Sharia denies the consent of the wife or slave girl and declares sexual relations to be the legal right of the husband or master.

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Beating the Wife 'Like a Slave' Is Forbidden Only for a Specific Reason

In some hadiths the Prophet Muhammad forbade beating wives "like slaves" or "like maidservants", and in many hadiths "like domestic animals". This statement is often used to show Islam's position against wife abuse. But if we look at the reasoning inside the narration, the matter appears completely different. There, the reason given for forbidding the beating of wives "like slaves" or "like maidservants", and in many hadiths "like domestic animals", is this: at the end of the day, the husband will have to have intercourse with that same wife again. That is, the basis of the prohibition is not the wife's human dignity, physical safety, or moral rejection of violence; rather, it is the practical consideration that excessive beating may cause difficulty in the husband's subsequent sexual relations.

Such a statement does not reject beating in principle. Rather, it advises not to take the beating to such a level that the wife later becomes unwilling to fulfill the husband's sexual need. In this, a woman is not regarded as an independent person but as an entity subject to her husband's marital right of enjoyment. Whether violence may be inflicted upon her is not the main issue; the main issue becomes whether, after the violence, the husband's sexual convenience remains intact. So this narration cannot be read as a moral declaration against wife abuse. Rather, it retains the concept of limited beating while explaining the inconvenience of excessive beating. The instruction not to beat the wife like a slave did not come from respect for the wife's body; it did not come in the matter of her opinion about intercourse; it came from the calculation of preserving the husband's subsequent access to that body (( Sahih al-Bukhari, Islamic Foundation, Vol. 8, Page 477 )) -

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Now let us read the same statement from another hadith book, where the reason for forbidding beating the wife like a slave emerges even more clearly. According to one narration of the hadith, if one beats like a slave, the wife may express reluctance toward intercourse at the end of the day. (( Mishkat al-Masabih (Mishkat), Hadith: 3242 ))

Mishkat al-Masabih (Mishkat)
Part-13: Marriage
Section: 10. First sub-section - kind treatment of wives and their mutual (husband-wife) rights
3242-[5] Narrated by 'Abdullah ibn Zam'ah (RA). He said, the Messenger of Allah (SAW) said: none of you should beat his wife like a slave (oppress her), and then have intercourse with her at the end of the day.
In another narration: none of you should intentionally turn upon his wife to beat her like a slave; perhaps at the end of the day he will want to have intercourse with her; and she will express reluctance in that. Then he (SAW) advised, at the passing of wind with laughter and jest, why do you laugh at the act that you yourselves do! (Bukhari and Muslim)[1]
[1] Sahih: Bukhari 4942, Muslim 1470.
Grade of hadith: Sahih (Authentic)
Narrator: Abdullah ibn Zam'ah (RA)

In this narration the morality of beating the wife is not directly rejected. Rather, to explain the absurdity of excessive beating, it is said: the same person will beat his wife like a slave during the day and then have intercourse with her at the end of the day. In another narration the matter is even clearer: after such a beating the wife may become unwilling toward intercourse. That is, at the center of the concern is not the suffering of the abused woman, but the possibility that the husband's sexual gratification will be disrupted as a result of the abuse.

Here, the meaning of forbidding beating "like a slave" is not that the wife may not be beaten at all. Rather, it is said that one should not beat as harshly or excessively as one beats a slave. Thus the narration does not establish an absolute prohibition against wife-beating; it sets a limit for lawful beating. And one of the practical reasons for setting that limit is to avoid bringing the wife to such a state that she later becomes unwilling to have intercourse with her husband.

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The Wife Who Is Compelled to Come to Bed Despite Hatred

A clear description of how the wife is to be compelled when she is unwilling to have sexual relations with her husband is found in classical Islamic fiqh in the narration numbered 11,878 of the Musannaf 'Abd ar-Razzaq hadith collection, narrated through ath-Thawri. There, for correcting the wife's disobedience, first admonition, then stopping speech and applying harsh language, and finally beating have been prescribed. The ultimate objective of this process is also not left unclear: even if the wife hates her husband, she must come to bed. If she appears on the bed and demonstrates sexual obedience, she will be counted as obedient (( Musannaf 'Abd ar-Razzaq section, Hadith 11878 )).

It should be noted that one sentence of the Bengali translation preserved below is not accurate. There, the portion "هَجَرَهَا بِلِسَانِهِ" has been translated as "he will abandon her by means of his tongue." This is an obscure and literal translation in Bengali. Its correct meaning will be: "he will stop talking to her and will speak to her harshly in this matter." The complete narration of the hadith is given below —

Hadith 11,878
Original Arabic
عَنِ الثَّوْرِيِّ قَالَ: قَالَ أَصْحَابُنَا: " يَبْدَأُ فَيَعِظُهَا فَإِنْ قَبِلَتْ، وَإِلَّا هَجَرَهَا بِلِسَانِهِ، وَأَغْلَظَ لَهَا فِي ذَلِكَ، فَإِنْ قَبِلَتْ وَإِلَّا ضَرَبَهَا ضَرْبًا غَيْرَ مُبَرِّحٍ، فَإِنْ أَطَعْنَكُمْ [النساء: 34] أَتَتِ الْفِرَاشَ وَهِيَ تَبْغَضُكَ فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًا [النساء: 34] "
Bengali translation
Narrated from ath-Thawri, he said: our companions said: he (the husband) will first admonish her. If she accepts (then good). Otherwise, he will abandon her by means of his tongue and adopt harshness toward her in this matter. If she accepts (then good). Otherwise, he will beat her lightly, which leaves no mark of injury. And (the word of Allah) "فَإِنْ أَطَعْنَكُمْ [Surah an-Nisa: 34]" (means): she will come to the bed, even though she hates you. (Then do not say anything more to her), "فَلَا تَبْغُوا عَلَيْهِنَّ سَبِيلًا [Surah an-Nisa: 34]" (so do not seek another way against them).

In this narration the relationship between beating and sexual obedience is established directly. Why the wife does not want to go to her husband's bed, what her mental state is, what the reason for her reluctance or hatred toward her husband is — none of this has any value here. Rather, it is said that if the wife does not come to bed, she is to be compelled first through psychological pressure, then verbal harshness, and finally physical beating. Even if she hates her husband, once she appears on the bed she will be counted as "obedient". That is, not the wife's heartfelt will or sexual consent, but her physical surrender is the ultimate measure of obedience in this juristic system. Let us read another narration from the same hadith collection, (( Musannaf 'Abd ar-Razzaq section, Hadith 17974 ))

Hadith 17,974
Original Arabic
عَنْ مَعْمَرٍ، عَنِ الزُّهْرِيِّ قَالَ: «لَا تُقَادُ الْمَرْأَةُ مِنْ زَوْجِهَا فِي الْأَدَبِ» يَقُولُ: «لَوْ ضَرَبَهَا فَشَجَّهَا، وَلَكِنْ إِنِ اعْتَدَى عَلَيْهَا فَقَتَلَهَا كَانَ الْقَوَدُ»
Bengali translation
Narrated from az-Zuhri, he said: a woman is not to be punished with qisas (retaliation) against her husband in the case of disciplinary beating. He further said: even if the husband beats her and wounds her, (still no qisas). But if he (the husband) goes to excess against her and kills her, then qisas becomes obligatory.

In the present-day concept of consent, sexual consent given under fear, religious threats, family punishment or physical beating is not free consent. Here the husband himself is exercising the power of beating, and after the beating the wife has to go to the bed of that same person. So this is not a ruling for a loving mutual or voluntary marital relationship; it is a clear structure for extracting sexual obedience through the application of violence. Adjectives like "not severe" or "does not cause serious injury" do not transform beating into consent. Even if the degree of beating is small, if its purpose is to break the wife's sexual refusal and bring her to bed, that is a religious and legal endorsement of coercive sexuality.

This narration is not a direct statement of the Prophet Muhammad or an account of a particular Companion's personal incident; it is an ancient juristic position preserved through ath-Thawri. But precisely for this reason it has historical significance. It shows that the explanation of beating the wife for refusing intercourse and compelling her to come to bed despite her hatred is not some recent extremist fatwa; this idea was clearly present in Islam's earliest juristic thought.

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Even the Wife's Worship Is Subordinate to the Husband's Sexual Need

How much priority is given to the husband's sexual need in the Islamic marital structure becomes evident in a significant example in a narration of Sahih Ibn Hibban concerning the wife of Safwan ibn al-Mu'attal. A woman directly complained to Muhammad that her husband beats her when she prays and breaks her fast when she fasts. The husband did not deny the accusation of beating; rather, he explained that his wife recites two surahs in prayer, although he had forbidden her to do so. As the reason for breaking the fast he stated even more plainly: the wife fasts frequently, whereas he is a young man and cannot practice sexual abstinence (( Sahih Ibn Hibban, Hadith 1486 ))

Hadith 1,486
Original Arabic
أَخْبَرَنَا أَحْمَدُ بْنُ عَلِيِّ بْنِ الْمُثَنَّى، حَدَّثَنَا أَبُو خَيْثَمَةَ، حَدَّثَنَا جَرِيرٌ، عَنِ الْأَعْمَشِ، عَنْ أَبِي صَالِحٍ، عَنْ أَبِي سَعِيدٍ الْخُدْرِيِّ، قَالَ: جَاءَتِ امْرَأَةٌ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَالَتْ: يَا رَسُولَ اللَّهِ، إِنَّ زَوْجِي صَفْوَانَ بْنَ الْمُعَطَّلِ يَضْرِبُنِي إِذَا صَلَّيْتُ، وَيُفَطِّرُنِي إِذَا صُمْتُ، وَلَا يُصَلِّي صَلَاةَ الْفَجْرِ حَتَّى تَطْلُعَ الشَّمْسُ، قَالَ: - وَصَفْوَانُ عِنْدَهُ - فَسَأَلَهُ عَمَّا قَالَتْ، فَقَالَ: يَا رَسُولَ اللَّهِ أَمَّا قَوْلُهَا: يَضْرِبُنِي إِذَا صَلَّيْتُ، فَإِنَّهَا تَقْرَأُ بِسُورَتِي وَقَدْ نَهَيْتُهَا عَنْهَا، فَقَالَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «لَوْ كَانَتْ سُورَةً وَاحِدَةً لَكَفَتِ النَّاسَ»، قَالَ: وَأَمَّا قَوْلُهَا: يُفَطِّرُنِي إِذَا صُمْتُ، فَإِنَّهَا تَنْطَلِقُ فَتَصُومُ، وَأَنَا رَجُلٌ شَابٌّ وَلَا أَصْبِرُ، فَقَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَوْمَئِذٍ: «لَا تَصُومُ امْرَأَةٌ إِلَّا بِإِذْنِ زَوْجِهَا»، قَالَ: وَأَمَّا قَوْلُهَا: لَا أُصَلِّي حَتَّى تَطْلُعَ الشَّمْسُ، فَإِنَّا أَهْلُ بَيْتٍ لَا نَكَادُ نَسْتَيْقِظُ حَتَّى تَطْلُعَ الشَّمْسُ، فَقَالَ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «فَإِذَا اسْتَيْقَظْتَ فَصَلِّ».
Bengali translation
Narrated from Abu Sa'id al-Khudri, may Allah be pleased with him, he said: a woman came to the Messenger of Allah (SAW) and said: O Messenger of Allah, my husband Safwan ibn al-Mu'attal beats me when I pray and breaks my fast when I fast, and he does not pray the Fajr prayer until the sun rises. Safwan was present with him. Then the Messenger of Allah (SAW) asked him about his wife's complaint. He said: O Messenger of Allah, regarding her statement — "when I pray he beats me" — the reason is that she recites two surahs in prayer, although I have forbidden her to do so. Then the Prophet (SAW) said: "If there were one surah, that would suffice the people." Safwan said: regarding her complaint — "when I fast he breaks my fast" — the reason is that she fasts one after another, whereas I am a young man and I cannot exercise restraint. Then the Messenger of Allah (SAW) said: "A woman shall not observe a supererogatory fast except with her husband's permission." Safwan said: regarding her complaint — "he does not pray Fajr until the sun rises" — the reason is that we are a household who can hardly wake up until the sun rises. The Messenger of Allah (SAW) said: "When you wake up, then pray."
References: Musnad Ahmad 3/80; Sunan Abu Dawud 2459; at-Tahawi, Mushkil al-Athar 2/424; al-Hakim 1/436. Shu'ayb al-Arna'ut declared the chain Sahih according to the conditions of Bukhari and Muslim. Nasiruddin al-Albani also declared the narration Sahih — Sahih Abu Dawud 2122; as-Silsilah as-Sahihah 395.

The most important aspect of this incident is that after hearing the woman's complaint, Muhammad neither reprimanded nor punished the husband for beating his wife. The husband himself admitted that he used to beat his wife because she recited more than the limit he had set for her in prayer. Yet in response, the beating was not declared wrongful; rather, the husband's complaint about how much surah the wife would recite was effectively accepted. As a result, even the personal worship of an adult woman falls under the husband's control and physical punishment. The narration contains no moral objection to such conduct as beating a woman for lengthening her prayer in defiance of her husband's order.

The fasting incident relates even more directly to the husband's sexual right. Safwan said that his wife fasts frequently, whereas he is a young man and cannot exercise sexual restraint. That is, if the wife fasts, the husband will not be able to have sexual relations with her during the day — this was the main reason for his complaint. Muhammad did not reject this claim and did not say that the wife has the right to decide matters concerning her own body and worship. Rather, he ruled that the wife may not observe a supererogatory fast without her husband's permission. Thus the husband's possible sexual need is given precedence over the wife's religious devotion, physical freedom and personal decisions — everything.

This hadith does not directly say that Safwan seized his wife and forcibly had intercourse with her. But the structure of power it establishes is unambiguous. If the wife decides to fast, the husband can break that fast because he has sexual needs; and the wife cannot observe a supererogatory fast again without the husband's permission. That is, through marriage the husband acquires such a permanent sexual priority over the wife's body that even her personal worship intended for Allah becomes subject to his permission. In modern language, this is not equal partnership; it is the husband's institutional control over the wife's body and time.

It is also noteworthy that in the same incident the accusation of wife-beating, the accusation of breaking the fast, and the husband's statement of sexual incontinence come side by side. Yet the burden of the decision has been placed mainly upon the wife — she will shorten her prayer and will not observe supererogatory fasts without her husband's permission. The husband's beating or his inability to control his own sexual desire has not been equally identified as a moral problem. As a result, rather than correcting the violent husband's behavior, the wife has been so regulated that her worship and the use of her body remain aligned with the husband's convenience. This narration shows that in the Islamic marital structure, the husband's authority and sexual convenience are more important than the wife's personal freedom.

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Marriage Is Essentially Another Name for Becoming the Husband's Slave Girl

'Ihya' 'Ulum ad-Din' by Imam Abu Hamid Muhammad ibn Muhammad al-Ghazali, the greatest Muslim philosopher of all time in Islamic history, has been one of the most widely read great books throughout the Muslim world for over eight hundred years. To this day Muslims regard the book as a unique and unrivalled Islamic work. In its chapter on the rights of the husband over the wife, it is stated that being a wife is essentially another name for becoming the husband's slave girl. Therefore a Muslim woman should at all times accept her husband's lordship and live like his slave girl (( Ihya' 'Ulum ad-Din, Vol. 2, Madinah Publications, Pages 296-298 ))

The husband's right over the wife: In this matter the final word is that, since marriage is, in effect, another name for becoming a slave girl, the wife should become like a slave girl of the husband. Therefore obeying the husband is obligatory upon her in all circumstances. Many hadiths have been narrated concerning how great the husband's right over the wife is.
The Messenger of Allah (SAW) said:
ايما امرأة ماتت وزوجها عنها راض دخلت الجنة .
That is, the wife who dies in such a state that her husband is pleased with her will enter Paradise.
A certain man told his wife before setting out on a journey: do not come down from the upper room to the lower floor. Her father lived downstairs. By chance he fell ill. The wife sent a messenger to the Messenger of Allah (SAW) seeking permission to go down to her father, whereupon he said: obey your husband's order. When her father finally died, she sought permission again. The Messenger of Allah (SAW) again said: obey your husband's order. As a result, even her father was buried, but she did not go down. Then the Messenger of Allah (SAW) sent her word: in return for your obeying your husband's order, Allah has forgiven your father. In another hadith it is stated:
اذا صلت المرأة خمسها وصامت شهرها وحفظت فرجها
واطاعت زوجها دخلت جنة ربها
That is, when the wife offers her five daily prayers, keeps the fasts of Ramadan, guards her private parts and obeys her husband, she will enter the Paradise of her Lord.
In this hadith obedience to the husband has been linked with the pillars of Islam. Once, while discussing women, the Messenger of Allah (SAW) said: the woman who is pregnant, the woman who gives birth, the woman who breastfeeds, the woman who is kind to children, the woman who treats her husband badly — had she not done so, those of them who prayed would have entered Paradise. In one hadith he said:
اطلعت في النار فاذا اكثر اهلها النساء فقلن لم يا
رسول الله قال يكثرن اللعن ويكفرن العشيرة .
That is, I peeped into Hell and saw that most of its inmates were women. The women asked: O Messenger of Allah, what is the reason? He said: women curse excessively and are ungrateful to their husbands.
In another hadith it is said: I peeped into Paradise and found that in it the number of women was very negligible compared to the male dwellers of Paradise. I asked: where are the women? The answer was: two red things have blocked the women's way to Paradise — one is gold and the other is saffron. That is, ornaments and colored clothing. Hadrat Aishah (RA) said: a certain young woman presented herself to the Messenger of Allah (SAW) and said: O Messenger of Allah, I am young. People propose marriage to me, but I do not like marriage. Now I want to know, what is the right of the husband over the wife? He said: suppose the husband's entire body from head to foot were filled with pus. Even if the wife licked all that pus, she would still not be able to discharge his right of gratitude. The woman said: shall I marry then? He said: do marry. Marriage is good. Hadrat Ibn 'Abbas (RA) said: a woman of the tribe of Khas'am presented herself to the Messenger of Allah (SAW) and said: I am without a husband and wish to marry. Now I want to know, what is the right of the husband? He said: one right of the husband is that if he expresses the desire for intercourse even on the back of a camel, the wife cannot refuse. Another right is that she will not give anything from his house to anyone without his permission. If she does, you will only remain hungry and thirsty like a fasting person. Your fast will not be accepted. If you leave the house without the husband's order, the angels will keep cursing you until you return home and repent. In one hadith it is stated —
لو امرت احد أن يسجد لأحد لأمرت المرأة أن تسجد
لزوجها .
That is, if I were to order anyone to prostrate to anyone, I would certainly order the woman to prostrate to her husband.
The reason for saying this is that the husband's right over the wife is greater. The most noble Messenger (SAW) further said: the wife is closest to Allah's holy being when she remains inside her room. For the wife, praying in the courtyard of the house is better than praying in the mosque. And praying in the inner room is better than praying in the outer room. The reason for saying this is that the excellence or deficiency of the wife's condition depends on veiling. So in whatever condition the veiling is greater, that condition is best for her. It is for this reason that the Messenger of Allah (SAW) said: المرأة عورة فاذا خرجت استشرفها الشيطان )the woman is an object of concealment (awrah); when she goes out, Satan eyes her).

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The Present Situation in Bangladesh

Let us watch a video. In this video parents are forcibly marrying off a child to an adult man, which is lawful in Islamic Sharia (( Did Aishah reach puberty at the age of nine? )). Think about it: what is going to happen to this child girl on her wedding night?

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Now let us read a news item, (( A teenager dies from marital rape: why is it still legal? )) (( Web archive link: A teenager dies from marital rape: why is it still legal? ))

A teenager dies from marital rape: why is it still legal?
Photo: Noornahar and her husband Rajib Khan.
On 25 October, a 14-year-old girl from Tangail died while receiving treatment at Dhaka Medical College Hospital. According to information published in newspapers, the cause of her death was excessive vaginal bleeding.
The police and local residents said the victim's name was Noornahar. Noornahar, a girl from Kaliya village of Kauljani union in Basail upazila of Tangail, was a student of Kaliya School. Noornahar's family was always in financial hardship. Both her parents work all day as day laborers. They spent much of the day outside home doing day labor. The time they spent at home passed in quarrels. To keep Noornahar away from such an environment, her grandfather Lal Khan took her to his own house when she was only four years old. Noornahar was growing up with her grandfather. It was Lal Khan who enrolled Noornahar in school. From his meager earnings as a day laborer he covered his granddaughter's education and other expenses. Noornahar had a reputation as a meritorious student. Having stood second in the annual examination, she started studying in the eighth grade this year.
But fate turned cruel. The blow of the coronavirus devastated Lal Khan's small household. In this situation, on 20 September, Noornahar was married off in a child marriage to Rajib Khan, aged 34/35, from a neighboring village. Rajib, a migrant worker, works in the Arab Emirates. He had come home on leave. Based on the claim that Rajib earns well, Noornahar's family became eager to marry the girl to Rajib. Lal Khan spent 30,000 taka arranging his granddaughter's wedding ceremony. Under the provisions of the Child Marriage Restraint Act 2017, since Noornahar's age was not marriageable (18 years), both families decided not to register the marriage. After the marriage, Noornahar moved to her in-laws' house in Phulki Paschimpara village of Basail upazila.
In an interview with a newspaper, Lal Khan said, 'My granddaughter informed me that she had been bleeding since the very first night of the marriage.' Rajib not only failed to arrange proper treatment for his new bride, but ignoring the girl's deep injury, he continued having intercourse. When the bleeding did not stop, Noornahar's mother-in-law brought local quack remedies (kabiraji daoyai) and fed them to her. Later, when Noornahar's condition turned critical, she was taken on 22 October to a private clinic in Tangail, and cunningly handing over all responsibility for the daughter-in-law to her parents' family, the in-laws left.
As her condition deteriorated, the girl was then taken to Kumudini Hospital in Mirzapur. Noornahar's family struggled to meet the treatment costs. Then the neighbors came forward and collected 60,000 taka and handed it to the family. Finally Noornahar was brought to Dhaka Medical College. But by then it was too late. At last, on 25 October, Noornahar conceded defeat. The next day, after the autopsy, she was buried in the local graveyard near her grandfather's house. Lal Khan held Rajib responsible for his granddaughter's death. Rajib did not even attend the funeral prayer of his wife who had just died.
Noornahar's mother-in-law Bilkis Begum said, 'A jinn had possessed Noornahar. That is why there was so much bleeding from her vagina.' Basail upazila health and family planning officer Dr. Firozur Rahman told the media that it is very natural for girls to feel fear and dread at first intercourse. Besides, when marriage takes place at an immature age, the risk of vaginal bleeding increases. In such cases, it is urgent to consult a gynecologist without delay to stop the bleeding.
In the village arbitration, the in-laws offered to 'settle' the matter by paying money. However, it has been learned that Noornahar's family has filed a complaint at Basail police station against the in-laws. It may be mentioned here that by arranging the child marriage, Noornahar's family members are also offenders under Section 8 of the Child Marriage Restraint Act 2017. For which they can be punished with a maximum of two years' imprisonment or a fine of 50,000 taka, or both.
Not once did Noornahar's family think that a meritorious student like Noornahar would one day bring them freedom from the lash of poverty. What mattered to them was marrying the girl to an expatriate groom who earns big money. Yet it was Noornahar's grandfather who was sending his granddaughter to school on his own initiative! Even today in this society, girls' education, self-reliance and acquisition of skills lose out to marriage.
One thing must be made clear: Noornahar died because of her husband's forced, repeated intercourse. But the sad thing is that under Bangladeshi law, intercourse with a wife older than 13 is not considered rape. Rajib's brutality will not be considered an offence under Section 375 of our Penal Code 1860 (the section that defines rape). Moreover, under Section 376 of the Penal Code (where the punishment for rape is described), punishment for marital rape can be given only when the wife is under 12 years of age, and even then the maximum punishment is merely up to two years' imprisonment or a fine.
These laws were made in our country during the British era. They were created during colonial rule, when Victorian morality prevailed at every level of society. In Victorian morality, the wife was not the consort of her 'husband', i.e., the owner, but was thought of as property. In that society, holding a man accountable for enjoying his own wife at will was unthinkable. Such a conservative definition of rape we still cling to today, like inherited property.
In post-independence Bangladesh, to prevent violence against women, special laws have been enacted three times so far. First in 1983, then in 1995, and most recently in 2000. But each time our lawmakers have knowingly retained the exception clause granting marital rape immunity in the Penal Code instead of repealing it. The British who authored this law, however, recognized marital rape as a crime as early as 1991. Even Pakistan (where that law remained in force after partition) repealed the marital rape exception clause in 2006.
According to the National Survey on Violence against Women (2015), 27.3 per cent of married women have been victims of forced intercourse as well as other sexual violence by their husbands in their married life. That is, of the 19,987 women interviewed by the Bangladesh Bureau of Statistics, 5,390 women said their husbands had raped them. By retaining the rape exception clause, what message are we giving these women?
We are saying that the thousands of women and teenagers who have certainly been and are being victims of marital rape have no right to seek justice. Our law teaches us that a woman is actually her husband's property. We are saying that by signing the kabinnama or saying qabul or tying the seven rounds in the wedding ritual, a woman gives consent to sexual relations for all eternity. This consent can never be withdrawn. Whether her body is unwell, whether she is unwilling, whether the circumstances are unfavorable, the groom 'the moment he desires' the woman must have intercourse. She does not have to consent. The law is not concerned with her consent or willingness. We are forced to accept that when teenagers like Noornahar, victims of child marriage, die from forced sexual intercourse, that forced intercourse is actually not rape, only because that man is the girl's 'husband'. She will be married off by force. Then intercourse will be forced upon her. But the woman cannot say 'no'.
Rajib and the others involved can now be held liable for only one offence: the offence of child marriage under Section 7 of the Child Marriage Restraint Act, punishable by a maximum of two years' imprisonment and a fine. However, the punishment may be only a fine as well. So if a man thinks that through child marriage he will lawfully enjoy (rape) a baby girl every night with complete impunity, then at least legally his decision is correct. The number of girls in our society who are married off to be unloaded from one's shoulders is not small! No police station or court can even accept a marital rape complaint, even if they want to.
This is our law. This is our reality. We must know it. We must hate it. We must protest it.
Taqbir Huda, research specialist, Bangladesh Legal Aid and Services Trust (BLAST)

Now let us look at a Facebook status. It may be noted that the number of such Facebook statuses is countless,

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Giving Away a Wife in the Name of Brotherhood: Generosity or Degradation?

In Islamic history, the 'bond of brotherhood' (mu'akhat) established between the Ansar of Madinah and the Muhajirun of Makkah is promoted as a mark of unique sacrifice. But a horrific picture of how woman's human dignity and right to consent were trampled behind this sacrifice is found in hadith number 3780 of Sahih al-Bukhari. In the narration we see Sa'd ibn Rabi' (RA) proposing to his Muhajir brother 'Abdur Rahman ibn 'Awf (RA): "I have two wives; tell me which one you like, I will divorce her. When her waiting period ('iddah) ends, you may marry her" (( Sahih al-Bukhari, Tawhid Publication, Hadith number: 3780 )). While in traditional Islamic discourse this is seen as Sa'd's supreme 'generosity', by the measure of modern human rights and reason it is nothing less than reducing a woman to the level of an inanimate object or immovable property.

Sahih al-Bukhari (Tawhid Publication)
63/ The merits of the Ansar [may Allah be pleased with them]
Section: 63/3. Establishment of brotherhood between the Muhajirun and Ansar by the Prophet (SAW).
3780. Narrated by 'Abdur Rahman ibn 'Awf (RA): he said, when the Muhajirun arrived in Madinah, the Messenger of Allah (SAW) established a bond of brotherhood between 'Abdur Rahman ibn 'Awf and Sa'd ibn Rabi' (RA). Then he [Sa'd (RA)] told 'Abdur Rahman (RA): among the Ansar I am the wealthiest. Take half of my wealth. I have two wives; tell me which one you like, I will divorce her. When her waiting period ends, you may marry her. 'Abdur Rahman (RA) said: may Allah bless your family and wealth. Where is your market? They showed him the market of Banu Qaynuqa'. When he returned home he came back with some cheese and some ghee. Thereafter he went to the market every morning. One day he came to the Prophet (SAW) with traces of yellow color on his body and clothes. The Prophet (SAW) said: what is the matter? He (RA) said: I have married. The Prophet (SAW) asked: how much dower did you give her? He said: gold equivalent to the size or weight of a date-stone. (2048) (Adhunik Prakashani: 3498, Islamic Foundation: 3506)
Grade of hadith: Sahih (Authentic)
Narrator: 'Abdur Rahman ibn 'Awf (RA)

This hadith raises several important questions:

The ultimate achievement of modern civilization is the recognition of an individual's 'Body Autonomy' and 'Consent' as absolute and inviolable rights. Judged by this standard, when a theological narrative glorifies the giving away of a woman, completely detached from her existence, emotions and will, merely as a transferable commodity, as 'great sacrifice' or 'generosity', that is not merely a moral lapse — it is another name for collective psychological perversion. It nakedly exposes that in that rigid patriarchal and theological structure of the seventh century, the position of a woman was merely that of 'immovable property' or a 'biological utilitarian object'. Even a slave might perhaps have rights over his specific labor, but in this incident women were merely cheap instruments for strengthening the social and political alliance between men. They could be gifted to friends whenever one wished, or exchanged.

In this transaction between Sa'd ibn Rabi' and 'Abdur Rahman ibn 'Awf, the woman's own preferences or emotional state have been completely annihilated. When one man tells another man to 'choose' whichever of his two wives he likes, those women retain no free human existence; rather, they become victims of a degrading situation like buying and selling cattle at a market. The extreme contempt shown for women's self-respect in this so-called 'brotherhood'-preserving contract proves that in the Islamic thought of that time, a woman was counted not as an honorable partner, but as a 'usable asset' dependent on the man's whim. Standing in the twenty-first century, promoting this systematic dehumanization as the pinnacle of morality is essentially another name for legitimizing sexual slavery.

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Modern Human Rights on Marital Rape

What these hadiths and their commentaries essentially say is that a woman's duty is to fulfill her husband's needs; even if the husband expresses his sexual need and the wife does not respond, that is an extreme injustice and a dreadful sin on the wife's part. Many hadiths state that if anyone were to be ordered to prostrate to anyone other than Allah, it would be the wife ordered to prostrate to her husband. This creates a mentality toward women that she is her husband's property, and her job is only to fulfill her husband's needs and desires; her own will or consent has no value. This kind of viewpoint reflects an extremely discriminatory and disrespectful attitude toward women.

This hadith further says that the wife must fulfill her husband's needs just as she fulfills her duty to her Lord. This completely ignores the wife's own self-respect and treats her as a maidservant of the husband. This hadith gives no importance to the woman's will, freedom, opinion and honor, and instructs that she be kept subordinate to and under the control of the man. According to the international charter of human rights, every person has full right over their body, and making anyone do anything against their will through force or pressure is a violation of human rights. Compelling any woman to be raped by threatening her with Hell is an extreme violation of human rights. The United Nations' "Convention on the Elimination of All Forms of Discrimination against Women" (CEDAW) has laid special emphasis on respecting women's honor, will and opinion. But this hadith of Islam ignores the woman's will and regards her merely as an object for fulfilling the husband's sexual needs, which directly violates women's fundamental human rights.

A woman has the right to have her bodily rights and will respected. If the husband wishes to establish physical relations with her and the wife does not consent, that is the wife's fundamental right — for whatever reason. The same applies to the man. But this hadith says, "if the husband expresses his physical need to the wife and she rejects it, this is forbidden or haram." This kind of viewpoint completely disregards a woman's will, consent and bodily rights. It puts pressure on the woman, so that out of fear of Allah's curse she is compelled to do the act even against her will. And any application of pressure or intimidation in sexual matters is, by definition, included in rape.

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Violation of Human Rights in Various Countries

The fundamental principle of human rights is consent and bodily integrity, which is clear in the United Nations' Universal Declaration of Human Rights (1948). All people have equal rights, and women's sexual freedom cannot be denied for any religious or cultural reason. But the hadiths mentioned disregard women's consent, which is a direct violation of human rights.

The impact of these hadiths in Islamic societies can be seen in Sharia law, where marital rape is not a crime. In Muslim-majority countries, such as Saudi Arabia, Iran and Bangladesh, these hadiths are used to deprive women of their rights. Under Bangladesh's Penal Code, intercourse with a wife over the age of 13 is not rape, a remnant of the British-era law. This conflicts with CEDAW (the Convention on the Elimination of All Forms of Discrimination against Women), which emphasizes the elimination of all discrimination against women. Although Bangladesh has signed CEDAW, it has not counted marital rape as a crime, which violates women's rights.

In Arab League countries marital rape is not a crime; for example, in Jordan, Palestine and Syria the law explicitly excludes it. This denies women's sexual freedom, which is contrary to the UN human rights treaties. Accepting these religious laws without any evidence is blind faith, which robs women of their dignity.

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Psychological Trauma, Physical Harm and the Impact on Children

The instructions in the hadiths to fulfill the husband's sexual needs by disregarding the woman's consent are a clear reflection of the seventh-century patriarchal society. At the same time, in the light of modern human rights and science, they are entirely unsupported and harmful. Such narratives portray women as sexual objects, which condones marital rape and denies the resulting psychological, physical and social harms. Scientific research clearly shows that non-consensual sexuality — especially in marriage — causes serious trauma, which profoundly affects not only the woman but also other members of the family, particularly children. Accepting these hadiths as true is equivalent to blind faith, because accepting them without any evidence conflicts with reason and violates human rights.

The psychological effects of marital rape are extremely serious and long-lasting, as has been repeatedly proven in research. For example, non-consensual sexuality causes problems such as Post-Traumatic Stress Disorder (PTSD), depression, anxiety, phobias and sexual dysfunction. One study found that victims of marital rape suffer greater psychological distress than those raped by strangers, because it is linked to betrayal and the breakdown of an intimate relationship. This trauma causes self-blame, low self-esteem, negative self-image, intimacy problems and social isolation, which affect a woman's daily life. Deeper analysis shows that this kind of trauma causes neurobiological changes, such as hormonal imbalance and changes in brain function, which cause long-term depression and anxiety (( Marital Rape and Domestic Violence )) (( The Relative Effects of Intimate Partner Physical and Sexual Violence on Post-Traumatic Stress Disorder Symptomatology )) (( Marital Rape: New Research and Directions )) (( Investigating psychological and interpersonal problems in traumatic marriages among women: A phenomenological analysis of unwanted marriages )). Where the hadith makes fulfilling the husband's needs a religious duty, it contributes to destroying women's mental health.

The physical harms are no less; in marital rape women suffer from problems such as vaginal and anal injury, lacerations, bruising, torn muscles, fatigue and vomiting. Gynecological problems such as vaginal stretching, pelvic inflammation, unwanted pregnancy, miscarriage, stillbirth, bladder infection, STIs and infertility are common. These harms are even more serious especially in child marriage and adolescent girls, because their bodies are not ready for reproduction. As a result of child marriage and marital rape, adolescent girls are at risk of excessive vaginal bleeding, premature birth, stillbirth and maternal death. Science shows that this kind of non-consensual sexuality causes long-term harm to women's physical health.

The impact of marital rape on children is even more horrifying, because it creates intergenerational trauma. Children who witness non-consensual sexuality like marital rape or rape in the family suffer anxiety, depression, PTSD, aggression, substance abuse and physical health problems. When children see or understand rape or violence against their mother, their psychological development is impeded, and in later life they themselves may become victims or perpetrators of violence. In the case of child marriage and marital rape, adolescent girls suffer PTSD, depression and anxiety, which destroy their education, health and future. These effects are the result of the hadiths' patriarchal viewpoint, which conflicts with science and cannot be accepted without any evidence.

In summary, these accounts of the Islamic hadiths are scientifically extremely harmful to the health of society. Science shows that non-consensual sexuality causes psychological and physical harm, and its impact on children is long-lasting. Such hadiths are a product of the medieval patriarchal society, and rejecting them is what a healthy society desires.

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But What Do Muslim Women Themselves Want — Equal Rights?

Here the question arises — what do Muslim women want? Do they expect self-respect and equal rights, or do they willingly support that structure in which a wife has the dignity of a husband's maidservant? Let us watch some videos, in which a burqa-clad Muslim woman, herself a woman, opposes equal rights, pleads the case of patriarchy as a woman herself, and expresses support for establishing Sharia law in Bangladesh,

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Conclusion: The Challenge of the Twenty-First Century

From the overall discussion it is clear that in Islamic religious texts, juristic interpretations and historical accounts, the position of a woman has been depicted not as that of an independent, complete human being but as a resource subordinate to and consumable by men. Legal concepts like 'milk al-bud'' or ownership of the sexual organ are not merely theoretical discussions; they directly provide a kind of 'religious and legal legitimacy' to marital rape. When a husband treats establishing sexual relations with his wife despite her non-consent as his own 'haqq' or entitlement, then the modern and humane concept of consent is destroyed at its roots.

The inhumanity of this system becomes even more stark when we see:

Finally, it must be said that these hadiths and rulings are no eternal or divine truth; rather, they are the legal and social reflection of the extremely rigid patriarchal culture of the seventh-century Arabian Peninsula. Today, standing in the twenty-first century, when human civilization is governed on the basis of equality, dignity and personal freedom, regarding these ideas from fifteen hundred years ago as infallible is nothing but blind faith. It must be remembered,

Reason, rights and humanity are not accountable to any religious sentiment.

If Muslim societies are to keep pace with the modern world and ensure women's fundamental rights, then these harmful texts and interpretations must either be completely discarded or directly rejected. In the struggle for truth and justice there is no place for lack of evidence or blind obedience. A woman's body is her own property — it is not a subject of any contract or an object dependent on the man's whim. To stand on the side of reason and rights, we must come out of the blind alley of faith and adopt a scientific and human-rights-based viewpoint.