Fatwa ID: 07384
Answered by: Alimah Saleha Bukhari Islam
Question:
If a wife or husband wanted intimacy with their spouse and the other spouse said ‘I’ll have intimacy with you for £20’ or whatever number ‘and if you give me £10 more I’ll also do x thing’ too or whatever number and the spouse desiring intimacy would give in, is this counted as prostitution that is Haram?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
In Islam, the marriage contract (Nikah) is described as a contract which refers to the possession of enjoyment by intention.1 The Nikah is concluded with the intent to earn the husband and wife the right to sexual enjoyment of each other in the sacredness of marriage. Sexual enjoyment and fulfilment is what is contracted in marriage and as such, it is inappropriate for either of the spouses to demand money in exchange for sexual intimacy. This is a direct breach of the marriage contract as it withholds the very right of the spouse which was made accessible via the contract.
Furthermore, if the spouse in question is unable to make the payment (even if unjustly) then this may lead to sin since they are left sexually unfulfilled. This in a sense becomes a mockery of the sacred relationship between husband and wife and will incur sin.
If, however, the action of demanding payment for sexual intercourse is being done in jest or as a form of role play between husband and wife then it is better to refrain from this type of action as it imitates that which is Haram i.e. prostitution. It is permissible for a husband and wife to be playful with each other but without breaching each other’s rights and as long as the sexual intercourse is not dependant on payment being made.
Sexual intercourse for a payment will not be considered prostitution because you are both married and Halal to each other. Prostitution is when a person engages in sexual activity with someone in exchange for a payment. This is usually someone who is in the business of the sex trade, extending their service to any paying customer and outside of marriage, thus considered as an obscene act according to Islam.
Abu Huraira (ra) narrates that the Messenger of Allah (ﷺ) said:
“When a man invites his wife to his bed and she does not come, and he (the husband) spends the sight being angry with her, the angels curse her until morning.”2 (Sahih Muslim 1436)
On the basis of this hadith, it would be considered a wrongful act for a wife to refuse her husband sexual intimacy without a valid excuse and vice versa. It is impermissible to demand money for sexual intercourse with spouse.
Only Allah (عز و جل) knows best.
Written by Alimah Saleha Bukhari Islam
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
1
أَمَّا تَفْسِيرُهُ) فَهُوَ عَقْدٌ يَرِدُ عَلَى مِلْكِ الْمُتْعَةِ قَصْدًا، كَذَا فِي الْكَنْزِ)
2 “ إِذَا دَعَا الرَّجُلُ امْرَأَتَهُ إِلَى فِرَاشِهِ فَلَمْ تَأْتِهِ فَبَاتَ غَضْبَانَ عَلَيْهَا لَعَنَتْهَا الْمَلاَئِكَةُ حَتَّى تُصْبِحَ “ .
