Why Should We Call Marital Rape ‘ناشائستگی،
If the wife doesn’t want an intimate relationship then she should seek divorce. Halal and haram are determined according to Quran verse 7:33. For details please see: Discussion 42832
The question was when the wife has asked for divorce and has expressed that she doesn’t want to be with the man, and he still does it by power, it still won’t be haraam?
In my opinion, calling it a rape is extreme for many reasons as described below. Marriage by itself is allowing physical relationship in a respectable and mutually agreeable manner. If a women is not yet divorced, but seeking divorce and wants to avoid physical relationship, she may have an option to start living separately before completion of divorce. If she continues to live with husband then she is messaging the husband that she is open to reconciliation and physical relationship in a mutually agreeable manner. It is also fairly common where a married couple is involved in a normal non-violent physical relationship but one party is not happily agreeable for some reason. Nothing wrong here either. The issue arises, regardless of the fact if a couple is or isn’t going through divorce, when a husband forcefully have a relationship with wife or uses physical or psychological violence. In such case it is a case of violence, not rape. Between married people it can’t be rape but a case of abuse and violence. The guilty party should be punished based on the laws of violence and abuse. If a case of rape is allowed between married couple, then many women going through divorce would deliberately sleep with the husband and then simply claim that they were raped. The women can use this power to gain leverage in divorce case or to take revenge from a husband.