Wife giving up her right to remain married

Question 24: A wife who does not fulfill the marital rights and obligations of her husband, and consequently her husband wants to separate from her, but the wife prefers to stay with him and her two young childrenin return for conceding all her rights on him, in terms of him spending the night with her, fairness, and the other rights a wife is entitled to, and she will not ask him for anything. They have both agreed on this, but is this type of agreement acceptable according to the Book and the Sunnah (whatever was reported from the Prophet)? Is the husband sinful if he carried out this agreement?

Answer: If a wife gives up her marriage rights on her husband in return for staying under his ‘Ismah (the bond of marriage), and they both agree to this, there is no objection to it, because Sawdah (may Allaah be pleased with her) asked the Messenger (peace be upon him) to let her remain in his ‘Ismah in return for giving her night to ‘Aa’ishah (may Allaah be pleased with her), and the Prophet (peace be upon him) agreed to this... read more here.

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